National Heritage Areas: Background and Issues for Congress

National Heritage Areas: Background, Proposals, and
March 24, 2021
Current Issues and April 17, 2023 Issues for Congress
Mark K. DeSantis
Since 1984, Congress has established Since 1984, Congress has established 5561 national heritage areas (NHAs) to national heritage areas (NHAs) to
conserve, Analyst in Natural Analyst in Natural
commemorate, conserve, and promote important natural, scenic, historic, cultural, and
Resources Policy
recreational resourcesenhance, and interpret nationally significant natural, historic, scenic, and cultural Resources Policy resources of areas that illustrate aspects of the country’s heritage. NHAs are partnerships . NHAs are partnerships among the National Park Service (NPS), among the National Park Service (NPS),

states, and local communities, in which the NPS supports state and local conservation states, and local communities, in which the NPS supports state and local conservation

efforts through federal recognition, seed through federal recognition, seed money, and technical assistance. Unlike lands within money, and technical assistance. Unlike lands within
the National Park System, which are the National Park System, which are federal yfederally owned and managed, lands within heritage areas owned and managed, lands within heritage areas typical ytypically remain remain
in state, local, or private ownership or a combination in state, local, or private ownership or a combination thereof. The National Heritage Area Act (P.L. 117-339), enacted on January 5, 2023, established the National Heritage Area System. This act was the first comprehensive statute outlining formal criteria for designating NHAs and providing uniformthereof. Supporters of heritage areas assert that NHAs
protect lands and traditions and promote tourism and community revitalization. Opponents, however, contend that
NHAs may be burdensome or costly to the federal government or may lead to federal control over nonfederal
lands.
No comprehensive statute establishes criteria for designating NHAs or provides standards for their funding and standards for their funding and
management. management. RatherPreviously, particulars for each area , particulars for each area are were provided in provided in the areaeach NHA’s enabling legislation, with no system-wide guidelines for how newly designated NHAs were to be administered and managed. NHAs are designated by acts of Congress. Prior to establishing a new NHA, Congress typically directs the ’s enabling legislation. Congress designates
a management entity, usual y nonfederal, to coordinate the work of the partners. This entity typical y develops and
implements a plan for managing the NHA, in collaboration with other parties. Once approved by the Secretary of
the Interior, the management plan becomes the blueprint for managing the area.
NHAs might receive funding from a wide variety of sources. Congress typical y determines federal funding for
NHAs in annual appropriations laws for Interior, Environment, and Related Agencies. NHAs can use federal
funds for many purposes, including staffing, planning, and executing projects. The FY2021 appropriation for NPS
for assistance to heritage areas was $23.9 mil ion—including $22.9 mil ion for grantmaking and direct support
and just over $1 mil ion for administrative support.
Past presidential Administrations expressed interest in having NHAs become financial y self-sufficient. Some
appropriators and other Members of Congress have emphasized self-sufficiency for these areas as wel . One role
of the NPS is to evaluate certain heritage areas at least three years before the expiration of the authorization for
federal funds. The NPS has completed evaluations of 19 NHAs and continues to evaluate others.
Each Congress typical y considers bil s to establish new heritage areas, study areas for possible heritage
designation, and amend existing heritage areas. In the 116th Congress, P.L. 116-9 designated six new NHAs;
authorized feasibility studies for other prospective areas; and made changes to existing NHAs, including boundary
adjustments. The Consolidated Appropriations Act, 2021 (P.L. 116-260), also included provisions that extended
authorizations of existing NHAs to receive financial assistance.
Recent Congresses have considered legislation to establish a system of NHAs and to provide criteria for their
designation, standards for their management, and limits on federal funding support. In the 117th Congress, in
February 2021, the House passed H.R. 803, which includes provisions to establish such a system. Proponents cite
the number of existing NHAs and the growing number of proposals to study and designate new ones as a rationale
for such legislation. Some opponents maintain that NHAs present numerous problems and chal enges and that
Congress should oppose efforts to designate new areas or create a system of NHAs. For example, some
stakeholdersSecretary of the Interior to study the area for potential designation. Such studies address a range of considerations, including the area’s suitability and feasibility. Suitability relates to whether the area contains resources representative of distinct aspects of U.S. heritage; reflects U.S. traditions, customs, beliefs, and folklife; and provides opportunities for recreation and education. Feasibility relates to whether a designation has local support, a conceptual financial plan, an identified management entity, and conceptual boundaries. In establishing a new NHA, Congress designates a local coordinating entity—usually nonfederal—to coordinate and oversee administration of the area. This entity typically develops and implements a plan for managing the NHA, in collaboration with other stakeholders. The plan usually becomes the blueprint for managing the area. The local coordinating entity typically receives funding from a wide variety of sources, including federal funding from NPS through annual appropriations laws. The FY2023 appropriation for NPS assistance to heritage areas was $29.2 million—a 7.7% increase from the FY2022 enacted level. Local coordinating entities for NHAs can use federal funds for many purposes, including staffing, planning, and executing projects. Supporters of heritage areas assert that NHAs protect the country’s history, traditions, and cultural landscapes and serve as economic catalysts for communities across the country. In addition, proponents often point to NHAs as being cost-effective models for public-private partnerships, given that most NHAs must match federal dollars with nonfederal funding. Supporters also often point to NHAs as an alternative to other federally established designations, in that lands typically remain in nonfederal ownership and are administered locally. They assert that participation in NHAs is voluntary and that NHA legislation often explicitly protects property rights. Opponents view NHAs as an inefficient or ineffective use of federal resources. For example, some stakeholders have suggested that NHAs may be burdensome or costly to the federal government and have expressed a desire to focus NPS resources on have expressed a desire to focus NPS resources on federal yfederally owned properties and owned properties and on reducing the reducing the
agency’s deferred maintenance backlogagency’s deferred maintenance backlog; others believe heritage areas have the potential to threaten private
property rights.
. Some past Administrations expressed interest in having NHAs become financially self-sufficient. Some appropriators and other Members of Congress have emphasized self-sufficiency for these areas, as well. Opponents also contend that NHAs could interfere with nonfederal management of certain areas, threaten private property rights, or lead to federal control of nonfederal areas. Congressional Research Service Congressional Research Service

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and Issues for Congress
Contents
Background.... ................................................................................................................ 1
Origin and Evolution............................. 1 Origin and Evolution of National Heritage Areas ..................................................................... 3
Ownership4 Study and Designation ..................................................................................................................... 4
DesignationAdministration .................................................................................................................... 4
Administration............. 5 Land Ownership ................................................................................................... 5
Funding ........................... 6 Funding .............................................................................................. 6
FY2021 Appropriations .................................................. 7 Authorizations and Funding Limits ............................................ 7
Authorizations and Funding Limits ..................................................... 8 Evaluations ............................... 8
Evaluations ....................................................................................................... 9 Stakeholder Perspectives and Legislative Activity .......................... 8
Legislative Activity ........................................................... 10 National Heritage Area System: Consideration and Enactment .............................................. 9
John D. Dingel , Jr. Conservation, Management, and Recreation Act13 The National Heritage Area Act, P.L. 117-339 ................................. 9
Legislation to Establish Systemic NHA Procedures....................................................... 10
Additional NHA Legislation in the 117th Congress .............. 14 Figures Figure 1. Appropriations for the National Park Service’s Heritage Partnership Program, FY2014-FY2023 .......................................... 11
Support, Opposition, and Chal enges................................................................................ 11

8 Tables
Table 1. National Heritage Areas (NHAs) by Date of Authorization ........................................ 1
Table 2. National Heritage Areas Designated in P.L. 116-9 ... ................................................. 9

Table A-1. Overview of Title XVII Provisions of H.R. 803 ..... 1 Table 2. Overview of P.L. 117-339, the National Heritage Area Act ............................................. 14

Appendixes
Appendix. Overview of Title XVII Provisions of H.R. 803 Contacts Author Information .................................................. 14

Contacts
Author Information ....................................................................................................... 15
16

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National Heritage Areas: Background and Issues for Congress
Background
Since 1984, Congress has designated Since 1984, Congress has designated 5561 national heritage areas (NHAs) to recognize and assist national heritage areas (NHAs) to recognize and assist
with efforts to protect, commemorate, and promote natural, cultural, historic, and recreational efforts to protect, commemorate, and promote natural, cultural, historic, and recreational
resources that form distinctive landscapes.1 Congress regards these areas as distinctive because of resources that form distinctive landscapes.1 Congress regards these areas as distinctive because of
their resourcestheir resources;, their built environment their built environment;, and their culture, history, and residents. and their culture, history, and residents.2 A principal A principal
distinctionfeature of NHAs is of NHAs is antheir emphasis on the interaction of people and their environment. Heritage emphasis on the interaction of people and their environment. Heritage
area designations seek to highlight the story of peoplearea designations seek to highlight the story of people, over time over time, in areas where the landscape in areas where the landscape
helped shape helped shape traditiontheir traditions. In a majority of cases, NHAs have. In a majority of cases, NHAs have, or previously had, as their foundation as their foundation
a a fundamental economic activity such as agriculture, water transportation, or industrial fundamental economic activity such as agriculture, water transportation, or industrial
development.
The attributes of each NHA are set out in the area’s establishing law. These attributes vary, as
they reflect the distinctive cultural characteristics of the various NHAs across the country. The 55
existing heritage areas are atdevelopment. Still, the attributes of these NHAs vary, as they reflect the distinctive cultural characteristics of areas across the country. The National Heritage Area Act (NHA Act; P.L. 117-339), enacted on January 5, 2023, established the National Heritage Area System. This act was the first comprehensive statute outlining formal criteria for designating NHAs and providing uniform standards for their funding and management. Previously, particulars for each new NHA were provided in the enabling legislation, with no general guidelines in law for how newly designated NHAs were to be administered and managed. The existing NHAs—including those designated prior to the establishment of the National Heritage Area System—are in different stages of developing and implementing plans to protect and different stages of developing and implementing plans to protect and
promote their attributespromote their attributes, as defined in statute. Table 1 identifies the identifies the 55 NHAs established by NHAs established by
CongressCongress that make up the National Heritage Area System. .
Table 1. National Heritage Areas (NHAs) by Date of Authorization
Date of
Enabling
National Heritage Area
State
Authorization
Legislationa
Il inois Il inois and Michigan Canal National Heritage Corridor and Michigan Canal National Heritage Corridor
IL IL
Aug. 24, 1984 Aug. 24, 1984
P.L. 98-398 P.L. 98-398
John H. Chafee Blackstone John H. Chafee Blackstone River River Val eyValley National National
MA/RI MA/RI
Nov. 10, 1986 Nov. 10, 1986
P.L. 99-647 P.L. 99-647
Heritage Corridor Heritage Corridor
Delaware Delaware and Lehigh National Heritage Corridor and Lehigh National Heritage Corridor
PA PA
Nov. 18, 1988 Nov. 18, 1988
P.L. 100-692 P.L. 100-692
Southwestern Pennsylvania Heritage Southwestern Pennsylvania Heritage Preservation Preservation
PA PA
Nov. 19, 1988 Nov. 19, 1988
P.L. 100-698 P.L. 100-698
Commission Commission (Path of Progress(Path of Progress)b
Cane River NHA Cane River NHA
LA LA
Nov. 2, 1994 Nov. 2, 1994
P.L. 103-449 P.L. 103-449
The Last Green The Last Green Val ey Valley National Heritage Corrido National Heritage Corridorc
CT/MA CT/MA
Nov. 2, 1994 Nov. 2, 1994
P.L. 103-449 P.L. 103-449
America’s Agricultural Heritage Partnership (Silos and
IA
Nov. 12, 1996
P.L. 104-333
Smokestacks)
Augusta Canal NHA
GA
Nov. 12, 1996
P.L. 104-333
Essex NHA
MA
Nov. 12, 1996
P.L. 104-333
Maurice D. Hinchey Hudson River Val ey NHAd 1 The National Park Service (NPS) reports 62 national heritage areas; see NPS, “National Heritage Areas,” at https://www.nps.gov/subjects/heritageareas/index.htm. This is because NPS historically has provided funding to the Shenandoah Valley Battlefields National Historic District through the NPS Heritage Partnership Program budget account alongside the 61 components of the newly established National Heritage Area System. However, in establishing the new system under P.L. 117-339, Congress defined the components to include National Heritage Areas, National Heritage Corridors, National Heritage Canalways, Cultural Heritage Corridors, National Heritage Routes, and National Heritage Partnerships established before or on the date of enactment of the law. This definition appears to exclude the Shenandoah Valley Battlefields National Historic District; however, NPS has indicated it intends to continue providing financial and technical support to the district through the Heritage Partnership Program, unless otherwise directed (communication between NPS, Office of Legislative Affairs, and the Congressional Research Service, January 2023). 2 In addition to the federal heritage areas, other heritage areas have been designated by local governments or announced by local preservation groups. A number of states have also developed their own heritage area programs. Congressional Research Service 1 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 7 link to page 7 National Heritage Areas: Background and Issues for Congress Date of Enabling National Heritage Area State Authorization Legislationa Silos and Smokestacks NHAd IA Nov. 12, 1996 P.L. 104-333 Augusta Canal NHA GA Nov. 12, 1996 P.L. 104-333 Essex NHA MA Nov. 12, 1996 P.L. 104-333 Maurice D. Hinchey Hudson River Valley NHAe
NY NY
Nov. 12, 1996 Nov. 12, 1996
P.L. 104-333 P.L. 104-333
National Coal Heritage Area National Coal Heritage Area
WV WV
Nov. 12, 1996 Nov. 12, 1996
P.L. 104-333 P.L. 104-333
Ohio & Erie Canal National Heritage Corridor Ohio & Erie Canal National Heritage Corridor
OH OH
Nov. 12, 1996 Nov. 12, 1996
P.L. 104-333 P.L. 104-333
Rivers of Steel NHA Rivers of Steel NHA
PA PA
Nov. 12, 1996 Nov. 12, 1996
P.L. 104-333 P.L. 104-333
Shenandoah Shenandoah Val eyValley Battlefields National Historic Battlefields National Historic
VA VA
Nov. 12, 1996 Nov. 12, 1996
P.L. 104-333 P.L. 104-333
DistrictDistrictf
South Carolina National Heritage South Carolina National Heritage Corridor Corridor
SC SC
Nov. 12, 1996 Nov. 12, 1996
P.L. 104-333 P.L. 104-333
Tennessee Civil Tennessee Civil War Heritage AreaWar Heritage Area
TN TN
Nov. 12, 1996 Nov. 12, 1996
P.L. 104-333 P.L. 104-333
MotorCities MotorCities NHAe NHAg MI Nov. 6, 1998 P.L. 105-355 Lackawanna Valley NHA PA Oct. 6, 2000 P.L. 106-278 Schuylkil River Valley NHA PA Oct. 6, 2000 P.L. 106-278 Wheeling
MI
Nov. 6, 1998
P.L. 105-355

1 In addition to the federal heritage areas, other heritage areas have been designated by local governments or announced
by local preservation groups. A number of states also have developed their own heritage area programs.
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Date of
Enabling
National Heritage Area
State
Authorization
Legislationa
Lackawanna Val ey NHA
PA
Oct. 6, 2000
P.L. 106-278
Schuylkil River Val ey NHA
PA
Oct. 6, 2000
P.L. 106-278
Wheeling NHA NHA
WV WV
Oct. 11, 2000 Oct. 11, 2000
P.L. 106-291 P.L. 106-291
Yuma Crossing NHA Yuma Crossing NHA
AZ AZ
Oct. 19, 2000 Oct. 19, 2000
P.L. 106-319 P.L. 106-319
Erie Canalway National Heritage Corridor Erie Canalway National Heritage Corridor
NY NY
Dec. 21, 2000 Dec. 21, 2000
P.L. 106-554 P.L. 106-554
Blue Ridge NHA Blue Ridge NHA
NC NC
Nov. 10, 2003 Nov. 10, 2003
P.L. 108-108 P.L. 108-108
Mississippi Mississippi Gulf Coast NHA Gulf Coast NHA
MS MS
Dec. 8, 2004 Dec. 8, 2004
P.L. 108-447 P.L. 108-447
National Aviation Heritage Area National Aviation Heritage Area
OH OH/INf/INh
Dec. 8, 2004 Dec. 8, 2004
P.L. 108-447 P.L. 108-447
Oil Region NHA Oil Region NHA
PA PA
Dec. 8, 2004 Dec. 8, 2004
P.L. 108-447 P.L. 108-447
Arabia Mountain NHA Arabia Mountain NHA
GA GA
Oct. 12, 2006 Oct. 12, 2006
P.L. 109-338 P.L. 109-338
Atchafalaya NHA Atchafalaya NHA
LA LA
Oct. 12, 2006 Oct. 12, 2006
P.L. 109-338 P.L. 109-338
Champlain Champlain Val eyValley National Heritage National Heritage Partnership Partnership
NY/VT NY/VT
Oct. 12, 2006 Oct. 12, 2006
P.L. 109-338 P.L. 109-338
Crossroads Crossroads of the Americanof the American Revolution NHA Revolution NHA
NJ NJ
Oct. 12, 2006 Oct. 12, 2006
P.L. 109-338 P.L. 109-338
Freedom’s Freedom’s Frontier Frontier NHA NHA
KS/MO KS/MO
Oct. 12, 2006 Oct. 12, 2006
P.L. 109-338 P.L. 109-338
Great Basin Great Basin National Heritage RouteNHAi
NV/UT NV/UT
Oct. 12, 2006 Oct. 12, 2006
P.L. 109-338 P.L. 109-338
Gul ah/Geechee Gul ah/Geechee Heritage Corridor Heritage Corridor
FL/GA/NC/SC FL/GA/NC/SC
Oct. 12, 2006 Oct. 12, 2006
P.L. 109-338 P.L. 109-338
Mormon Pioneer NHA Mormon Pioneer NHA
UT UT
Oct. 12, 2006 Oct. 12, 2006
P.L. 109-338 P.L. 109-338
Northern Rio Grande NHA Northern Rio Grande NHA
NM NM
Oct. 12, 2006 Oct. 12, 2006
P.L. 109-338 P.L. 109-338
Upper Housatonic Upper Housatonic Val eyValley NHA NHA
CT/MA CT/MA
Oct. 12, 2006 Oct. 12, 2006
P.L. 109-338 P.L. 109-338
Abraham Lincoln NHA Abraham Lincoln NHA
IL IL
May 8, 2008 May 8, 2008
P.L. 110-229 P.L. 110-229
Journey Through Journey Through Hal owed Hallowed Ground NHA Ground NHA
MD/PA/VA/WV MD/PA/VA/WV
May 8, 2008 May 8, 2008
P.L. 110-229 P.L. 110-229
Niagara Niagara Fal s Falls NHA NHA
NY NY
May 8, 2008 May 8, 2008
P.L. 110-229 P.L. 110-229
Baltimore Baltimore NHA NHA
MD MD
MarchMar. 30, 2009 30, 2009
P.L. 111-11 P.L. 111-11
Cache La Poudre River Cache La Poudre River NHAgNHAj
CO CO
MarchMar. 30, 2009 30, 2009
P.L. 111-11 P.L. 111-11
Freedom’s Freedom’s Way NHA Way NHA
MA/NH MA/NH
MarchMar. 30, 2009 P.L. 111-11 Congressional Research Service 2 link to page 6 National Heritage Areas: Background and Issues for Congress Date of Enabling National Heritage Area State Authorization Legislationa 30, 2009
P.L. 111-11
Kenai Mountains-Turnagain Arm NHA Kenai Mountains-Turnagain Arm NHA
AK AK
MarchMar. 30, 2009 30, 2009
P.L. 111-11 P.L. 111-11
Mississippi Mississippi Delta NHA Delta NHA
MS MS
MarchMar. 30, 2009 30, 2009
P.L. 111-11 P.L. 111-11
Mississippi Mississippi Hil sHil s NHA NHA
MS MS
MarchMar. 30, 2009 30, 2009
P.L. 111-11 P.L. 111-11
Muscle Shoals NHA Muscle Shoals NHA
AL AL
MarchMar. 30, 2009 30, 2009
P.L. 111-11 P.L. 111-11
Northern Plains NHA Northern Plains NHA
ND ND
MarchMar. 30, 2009 30, 2009
P.L. 111-11 P.L. 111-11
Sangre de Cristo NHA Sangre de Cristo NHA
CO CO
MarchMar. 30, 2009 30, 2009
P.L. 111-11 P.L. 111-11
South Park NHA South Park NHA
CO CO
MarchMar. 30, 2009 30, 2009
P.L. 111-11 P.L. 111-11
Appalachian Forest Appalachian Forest NHA NHA
WV/MD WV/MD
MarchMar. 12, 2019 12, 2019
P.L. 116-9 P.L. 116-9
Maritime Maritime Washington NHA Washington NHA
WA WA
MarchMar. 12, 2019 12, 2019
P.L. 116-9 P.L. 116-9
Mountains to Sound Greenway NHA Mountains to Sound Greenway NHA
WA WA
MarchMar. 12, 2019 12, 2019
P.L. 116-9 P.L. 116-9
Sacramento-San Joaquin Delta NHA Sacramento-San Joaquin Delta NHA
CA CA
MarchMar. 12, 2019 12, 2019
P.L. 116-9 P.L. 116-9
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Date of
Enabling
National Heritage Area
State
Authorization
Legislationa
Santa Cruz Val ey NHA
AZ
March 12, 2019
P.L. 116-9
Susquehanna NHA
PA
March 12, 2019
P.L. 116-9
Sources: National Park Service (NPS) and Congressional Research Service (CRS).
Notes:
a. Here and throughout the report, the term enabling legislation Santa Cruz Valley NHA AZ Mar. 12, 2019 P.L. 116-9 Susquehanna NHA PA Mar. 12, 2019 P.L. 116-9 Alabama Black Belt NHA AL Jan. 5, 2023 P.L. 117-339 Bronzeville-Black Metropolis NHA IL Jan. 5, 2023 P.L. 117-339 Downeast Maine NHA ME Jan. 5, 2023 P.L. 117-339 Northern Neck NHA VA Jan. 5, 2023 P.L. 117-339 St. Croix NHA USVI Jan. 5, 2023 P.L. 117-339 Southern Campaign of the Revolution National NC/SC Jan. 5, 2023 P.L. 117-339 Heritage Corridor Southern Maryland NHA MD Jan. 5, 2023 P.L. 117-339 Sources: National Park Service (NPS) and Congressional Research Service (CRS). Notes: a. The term enabling legislation refers to the law that first designated a given refers to the law that first designated a given
heritage area. heritage area.
b. Authorization and b. Authorization and federal funding for the commissionfunding for the commission expired in 2008. expired in 2008.
c. The heritage corridorc. The heritage corridor was original y originally was established as the Quinebaug and Shetucket Rivers established as the Quinebaug and Shetucket Rivers Val eyValley National National
Heritage Corridor; Heritage Corridor; in 2014, it was redesignated as The Last Green in 2014, it was redesignated as The Last Green Val eyValley National Heritage Corridor National Heritage Corridor ( (P.L. P.L.
113-291). 113-291).
d. The heritage area was d. The heritage area was original y established as the Hudson River Val eyoriginally established as the America’s Agricultural Heritage Partnership; in 2023, it was redesignated as Silos and Smokestacks NHA (P.L. 117-339). e. The heritage area was originally established as the Hudson River Valley NHA; in 2019, it was redesignated NHA; in 2019, it was redesignated
as the Maurice D. Hinchey Hudson River as the Maurice D. Hinchey Hudson River Val eyValley NHA (P.L. 116-9). NHA (P.L. 116-9).
e. The heritage area was original y established as the Automobile f. NPS reports 62 NHAs, which includes the Shenandoah Valley Battlefields National Historic District. However, P.L. 117-339 defines components of the National Heritage Area System in a manner that appears to exclude the Shenandoah Valley Battlefields National Historic District. However, it is included here, as NPS typically provides financial and technical support to the district through the Heritage Partnership Program, and the district historically has been considered a heritage area for the purposes of the program. g. The heritage area was originally established as the Automobile National Heritage Area; in 2014, it was National Heritage Area; in 2014, it was
redesignated as the MotorCities redesignated as the MotorCities National Heritage AreaNational Heritage Area (P.L. 113-291). (P.L. 113-291).
f.
h. P.L. 108-447 established the area in the states of Ohio and Indiana. However,P.L. 108-447 established the area in the states of Ohio and Indiana. However, the boundaries in the law and the boundaries in the law and
the associated map (referenced in the law) contain only areas in Ohio. The NHA as constituted does not the associated map (referenced in the law) contain only areas in Ohio. The NHA as constituted does not
include areas in Indiana, according to the staff of the National Aviation Heritage include areas in Indiana, according to the staff of the National Aviation Heritage Al iance.
g. Alliance. Congressional Research Service 3 link to page 13 National Heritage Areas: Background and Issues for Congress i. The heritage area was originally established as the Great Basin National Heritage Route; in 2023, it was redesignated as the Great Basin NHA (P.L. 117-339). j. In establishing this NHA, Section 8002 of P.L. 111-11 repealed P.L. 104-323, which had authorized the In establishing this NHA, Section 8002 of P.L. 111-11 repealed P.L. 104-323, which had authorized the
Cache La Poudre River CorridorCache La Poudre River Corridor on October 19, 1996. on October 19, 1996.
Origin and Evolution
of National Heritage Areas Congress designated the first heritage area—the Congress designated the first heritage area—the Il inoisIllinois and Michigan Canal National Heritage and Michigan Canal National Heritage
Corridor—in 1984.Corridor—in 1984.3 This area was located in one of the nation’s most industrialized regions and This area was located in one of the nation’s most industrialized regions and, in designating the area as a heritage area, Congress
sought to combine a range of land uses, management programs, and historical themes. sought to combine a range of land uses, management programs, and historical themes. A goal was
to facilitate grassroots preservation of natural resources and economic development in
communities and regions containing industries and historic structures. The federal government
would assist the effort (e.g., through technical assistance) but would not lead it.In his dedication speech signing the legislation into law, President Reagan referred to the heritage area as “a new kind of national park.”4 Unlike national parks, however, the federal government would not directly manage heritage areas, though the agency would assist with their administration (e.g., through technical and financial assistance). Specifically, the legislation was designed to facilitate grassroots preservation of natural resources and economic development in communities and regions containing industries and historic structures.5 The ideas of The ideas of
linkinglinking, and maintaining a balance between and maintaining a balance between, nature and industry and nature and industry and of encouraging economic encouraging economic
regeneration resonated with many states and communities, regeneration resonated with many states and communities, especial yespecially in the eastern United States. in the eastern United States.
Interest in establishing heritage areas Interest in establishing heritage areas was increased commensurate with growing public interest in cultural commensurate with growing public interest in cultural
heritage tourism.heritage tourism.6
Since the creation of the first NHA in 1984, interest in Since the creation of the first NHA in 1984, interest in designating additional additional NHA designationsNHAs has grown has grown
considerably. For example, from 2004 to 2009 (108th-111th Congresses), the number of heritage considerably. For example, from 2004 to 2009 (108th-111th Congresses), the number of heritage
areas more than doubled. The number of existing NHAs, along with proposals to study and areas more than doubled. The number of existing NHAs, along with proposals to study and
designate new ones, fostered interest among some Members of Congress and presidential designate new ones, fostered interest among some Members of Congress and presidential
Administrations in establishing a standardized process and standardized criteria for designating Administrations in establishing a standardized process and standardized criteria for designating
NHAs. (See “
Legislation to Establish Systemic NHA Procedures,” below.) NHAs. Proponents Proponents identifyidentified potential potential
benefits of such an approach, including streamlining the administration of NHAs, creating more benefits of such an approach, including streamlining the administration of NHAs, creating more
accountability, and encouraging regional conservation and sustainability.accountability, and encouraging regional conservation and sustainability.27 Other stakeholders Other stakeholders
have opposed a standardized process on various groundsopposed a standardized process on various grounds. For example, they contend that the
absence of such a systemic law has provided legislative flexibility in the creation of new NHAs
and the modification of existing ones. Further, some opponents of NHAs believe that heritage

2 Office of Congressman Paul D. T onko, “Tonko Champions Bills to Strengthen U.S. Heritage Areas Including Erie
Canalway,” press release, April 30, 2019, at https://tonko.house.gov/news/documentsingle.aspx?DocumentID=2848.
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areas threaten private property rights, are burdensome, or present other problems and chal enges,
so Congress should oppose any efforts to designate new areas and/or create a “system” of NHAs.
(See “Support, Opposition, and Chal enges,” below.)
Ownership
NHAs reflect an evolution in roles and responsibilities in protecting lands. The traditional form of
land protection for the National Park Service (NPS) has been through government ownership,
management, and funding of lands set aside for protection and enjoyment. By contrast, NHAs
typical y are not federal y owned, are managed by local entities with many partners, are funded
from many sources, and are intended to promote local economic development as wel as to
protect natural and cultural heritage resources and values. The NPS provides technical and
financial aid to NHAs, but these areas are not part of the National Park System.3
Heritage areas consist mainly of private properties, although some include publicly owned lands.
In most cases, the laws establishing NHAs do not provide for federal acquisition of land; once
designated, heritage areas general y remain in private, state, or local government ownership or a
combination thereof. However, in a few cases, Congress has authorized federal acquisition of
land in heritage areas. For instance, Congress authorized the creation of the Cane River Creole
National Historical Park (LA) within the Cane River NHA and the creation of the Blackstone
River Val ey National Historical Park within the John H. Chafee Blackstone River Val ey
National Heritage Corridor.
Laws establishing national heritage areas often contain provisions intended to address concerns
about potential loss of, or restrictions on use of, private property resulting from NHA
designation.4 For example, P.L. 116-9, which established the six newest NHAs, included various
private property provisions. These provisions stated that designation of the new NHAs would not
abridge the rights of any property owner; require any property owner to permit public access to
the property; alter any land use regulation; or diminish the authority of the state to manage fish
and wildlife, including the regulation of fishing and hunting within the NHA. For additional
information on P.L. 116-9 and its provisions, see “John D. Dingel , Jr. Conservation,
Management, and Recreation Act.”
Designation
No comprehensive statute establishes criteria for designating NHAs or provides standards for
their funding and management. NHA designation is often a two-step process, involving an initial
study of the suitability and feasibility of designating an area and then enactment of legislation to

3 T hat system now has 423 diverse units: national parks, national monuments, national historic sites, national
battlefields, national preserves, and other designations. For information on establishing and managing units of the
National Park System, see CRS Report RS20158, National Park System : Establishing New Units, by Laura B. Comay;
CRS Report R41816, National Park System : What Do the Different Park Titles Signify? , by Laura B. Comay; and CRS
Report R42125, National Park System : Units Managed Through Partnerships, by Laura B. Comay.
4 In 2004, the Government Accountability Office (GAO, at that time known as the General Accounting Office)
examined the effect of NHA designation on the rights of proper owners in 2004. T he agency has not issued a report on
this topic since that date. In 2004 written testimony for the Senate Committee on Energy and Natural Resources, GAO
stated, “national heritage areas do not appear to have directly affected the rights of property owners.” T he GAO report
reflected the 24 national heritage areas (NHAs) in ex istence at that time. See GAO, National Park Service: A More
System atic Process for Establishing National Heritage Areas and Actions to Im prove Their Accountability Are Needed ,
GAO-04-593T , March 30, 2004, p. 3. Hereinafter referred to as GAO, 2004.
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designate the NHA. However, although legislation authorizing an NHA might follow a positive
study recommendation, an area study is not a requirement for enacting legislation to designate an
NHA.
When directed by Congress, the NPS funds and prepares studies as to the suitability and
feasibility of designating an area as an NHA.5 Such studies typical y address a variety of topics,
including whether an area has resources reflecting aspects of American heritage that are worthy of
recognition, conservation, interpretation, and continued use. The studies usual y discuss whether
an area would benefit from public-private management and if a community of residents,
businesses, nonprofit organizations, and state and local agencies would work to support a heritage
area. They also often identify a potential management entity and the extent of financial resources
for the area.
In other cases, a nonfederal entity wil undertake a study in place of NPS. These entities could
include local nonprofit organizations, professional historians, community members, or state or
local government. The NPS does not fund studies undertaken by outside entities, but the agency
provides guidance to these efforts. For instance, the NPS recommends these studies evaluate the
importance of the resources, opportunities to increase public access to and understanding of the
resources, capacity of an organization to coordinate activities in the area, and support in the
region for a heritage designation.6 The NPS often assists communities interested in attaining the
NHA designation by reviewing studies and helping them craft a regional vision for heritage
preservation and development.
The particulars for establishment and management of a heritage area typical y are provided in the
NHA’s enabling legislation. Whereas earlier heritage areas tended to have more variety in their
creation and operation, the establishment and management of NHAs have become more
standardized in recent years through the inclusion of some similar provisions in different areas’
enabling legislation.
Administration
The administration and management of NHAs usual y involve partnerships among the NPS,
states, and local interests. In establishing heritage areas, Congress typical y designates a
management entity—sometimes referred to as a local coordinating entity (LCE)—to coordinate
the partners’ work. Designated LCEs could include state or local government agencies, nonprofit
corporations, or independent commissions established in the enabling legislation. The LCE
usual y develops and implements a plan for managing the NHA in collaboration with partners and
other interested parties. Although the plans’ components vary in accordance with the authorizing
legislation and local needs, they often identify resources and themes; lay out policies and
implementation strategies for protection, use, and public education; describe needed restoration of
physical sites; discuss recreational opportunities; outline funding goals and possibilities; and
define partners’ roles and responsibilities. Once the Secretary of the Interior approves a plan, the
plan essential y becomes the blueprint for managing the heritage area. The designated LCE is to

5 For instance, P.L. 116-9, §6003, directed the National Park Service (NPS) to study the Finger Lakes Area in New
York for designation as a national heritage area.
6 NPS guidance for community members and organizations interested in conducting area studies is on the agency’s
website. See NPS, “Feasibility Studies,” at https://www.nps.gov/subjects/heritageareas/feasibility-studies.htm.
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implement the management plan through voluntary actions as funding and resources become
available.7
The NPS may provide various types of assistance to areas once designated by Congress—
administrative, financial, policy, technical—and public information. Following an area
designation, the NPS typical y enters into a cooperative agreement, or compact, with the
designated LCE to help plan and organize the area. The compact outlines the goals for the
heritage area and defines the roles and contributions of the NPS and other partners, typical y
setting out the parameters of the NPS’s technical assistance. It also serves as the legal vehicle for
channeling federal funds to nongovernmental management entities.
Funding
NHAs receive funding from an array of sources, including philanthropic organizations, private
donations, state and local governments, and federal appropriations. In its annual budget
justification, the Administration submits to Congress its desired funding level for the heritage area
program, with funding usual y divided between direct grantmaking support to NHAs and general
administrative costs for the program. Congress typical y provides federal funding to NHAs as part
of the annual Interior, Environment, and Related Agencies Appropriations laws under the NPS
National Recreation and Preservation account.
NPS typical y al ocates federal funding for NHAs to the designated LCEs. In general, the laws
establishing NHAs require a 1:1 match in funding (federal vs. nonfederal) by the managing
entities.8 Nonfederal matching funds can be in the form of cash or in-kind contributions. Federal
funds might be used to help rehabilitate an important site, develop tours, establish interpretive
exhibits and programs, increase public awareness, and, including general concerns that heritage areas are burdensome or costly to the federal government, and encouraged Congress to oppose any efforts to designate new areas or create a system of NHAs. (For more information see “Stakeholder Perspectives and Legislative Activity”.) On January 5, 2023, the National Heritage Areas System Act was enacted, establishing a formal NHA System and creating uniform guidelines to study, designate, and evaluate heritage areas.8 Study and Designation NHA designation is often a two-step process. First, an initial study of the suitability and feasibility of designating an area as an NHA may take place. Such studies may be conducted either by the Secretary of the Interior through the National Park Service (NPS) or by a nonfederal 3 P.L. 98-398. 4 NPS, “National Heritage Areas,” at https://www.nps.gov/subjects/heritageareas/index.htm. 5 S.Rept. 98-355. 6 J. Glenn Eugster, “Evolution of the Heritage Areas Movement,” The George Wright Forum, vol. 20, no. 2 (June 2003), pp. 50-59, at https://www.jstor.org/stable/43599030. 7 Office of Congressman Paul D. Tonko, “Tonko Champions Bills to Strengthen U.S. Heritage Areas Including Erie Canalway,” press release, April 30, 2019, at https://tonko.house.gov/news/documentsingle.aspx?DocumentID=2848. 8 P.L. 117-339. Congressional Research Service 4 link to page 8 National Heritage Areas: Background and Issues for Congress entity.9 NPS typically funds, conducts, and prepares feasibility studies for potential additions to the NHA System when directed to do so by Congress.10 When one or more nonfederal entities (e.g., local nonprofit organizations, professional historians, community members, or state or local governments) undertake a study, NPS typically does not provide the funding—nonfederal sources fund the study. The agency may, however, provide technical assistance to the nonfederal entities throughout the study process. This assistance can include guidance concerning suggested methodologies, techniques for public involvement, or potential options for crafting a regional vision for preserving and developing the area’s heritage. Regardless of who conducts the study, the feasibility study must meet certain requirements and provide specific information to inform a recommendation from the Secretary to Congress. The NHA Act requires studies to address, among other topics, whether an area has resources reflecting aspects of American heritage that are worthy of recognition, conservation, interpretation, and continued use; whether an area would benefit from public-private management; and whether a community of residents, businesses, nonprofit organizations, and state and local agencies would work to support a heritage area. Studies also must identify the possible boundaries of the proposed NHA, a potential management entity for the NHA, and the extent of financial resources available for the area. Once a study is complete, the Secretary must submit a report to Congress that describes the findings of the study, correspondence reflecting support or opposition from stakeholders, and a recommendation as to whether to establish the NHA. After a report is submitted to Congress, Members may consider whether to introduce legislation to establish the NHA. The NHA Act provides that NHAs may be designated only by acts of Congress. Although legislation authorizing an NHA might follow a positive study recommendation, a positive recommendation is not a requirement for enacting legislation to designate an NHA. Congress could choose, for example, to designate an NHA absent a feasibility study. An NHA’s enabling legislation typically provides for any particulars in the establishment and management of a heritage area. For instance, enacting legislation might identify the local coordinating entity (see “Administration”) or specify matching requirements for federal funding. Administration The administration and management of NHAs usually involve partnerships among the NPS, states, and local interests. In establishing heritage areas, Congress typically designates a management entity—sometimes referred to as a local coordinating entity (LCE)—to coordinate the partners’ work. Designated LCEs could include state or local government agencies, nonprofit corporations, or independent commissions established in the enabling legislation. The LCE usually develops and implements a plan for managing the NHA in collaboration with partners and other interested parties, which must be approved by the Secretary. Although the plans’ components vary in accordance with the authorizing legislation and local needs, they often identify natural, historic, or cultural resources and themes for interpretation; lay out policies and implementation strategies for protection, use, and public education; describe needed restoration of physical sites; discuss recreational opportunities; outline funding goals and possibilities; and define partners’ roles and responsibilities. Once the Secretary approves a plan, the plan essentially becomes the blueprint for managing the heritage area. The designated LCE is expected 9 Hereinafter, the Secretary of the Interior sometimes is referred to as “the Secretary.” 10 For instance, P.L. 116-9, §6003, directed the NPS to study the Finger Lakes Area in New York for designation as a national heritage area. Congressional Research Service 5 National Heritage Areas: Background and Issues for Congress to implement the management plan through voluntary actions as funding and resources become available.11 The NPS may provide various types of assistance (e.g., administrative, financial, policy, technical) to LCEs. Following an NHA designation, the NPS typically enters into a cooperative agreement, or compact, with the designated LCE to help plan and organize management of the area. The compact outlines the goals for the heritage area and defines the roles and contributions of the NPS and other partners, typically setting out the parameters of the NPS’s technical assistance. It also serves as the legal vehicle for channeling federal funds to nongovernmental management entities. Land Ownership NHAs reflect a departure from historical roles and responsibilities of the federal government in protecting natural and cultural resources and lands. The traditional form of protection for land administered by NPS has been through government ownership, management, and funding of lands set aside for protection and public enjoyment. By contrast, NHAs typically are not federally owned. Instead, they are managed by local entities with many partners and sources of funding to promote local economic development as well as to protect natural and cultural heritage resources and values. The NPS provides technical and financial aid to NHAs, but these areas are not part of the National Park System.12 NHAs consist mainly of private properties, although some include publicly owned lands. In most cases, NHA designation does not provide for federal acquisition of land; once designated, heritage areas generally remain in private, state, or local government ownership or a combination thereof.13 Laws establishing NHAs have often contained provisions intended to address concerns about potential loss of, or restrictions on use of, private property resulting from NHA designation.14 For example, P.L. 116-9 included various provisions stating that designation of six new NHAs would not abridge the rights of any property owner; require any property owner to permit public access to the property; alter any land use regulation; or diminish the authority of the state to manage fish and wildlife, including the regulation of fishing and hunting within the NHA. 11 Guidance on how to develop a management plan, as well as examples of existing management plans, is on the NPS website. See NPS, “Management Plans,” at https://www.nps.gov/subjects/heritageareas/management-plans.htm. 12 That system now has 423 diverse units: national parks, national monuments, national historic sites, national battlefields, national preserves, and other designations. For information on establishing and managing units of the National Park System, see CRS Report RS20158, National Park System: Establishing New Units, by Laura B. Comay; CRS Report R41816, National Park System: What Do the Different Park Titles Signify?, by Laura B. Comay; and CRS Report R42125, National Park System: Units Managed Through Partnerships, by Laura B. Comay. 13 However, in a few cases, Congress has authorized federal acquisition of land in heritage areas. For instance, Congress authorized the creation of the Cane River Creole National Historical Park within the Cane River NHA and the creation of the Blackstone River Valley National Historical Park within the John H. Chafee Blackstone River Valley National Heritage Corridor. 14 In 2004, the Government Accountability Office (GAO, at that time known as the General Accounting Office) examined the effect of NHA designation on the rights of property owners. The agency has not issued a report on this topic since that date. In 2004 written testimony for the Senate Committee on Energy and Natural Resources, GAO stated, “national heritage areas do not appear to have directly affected the rights of property owners.” The GAO report reflected the 24 NHAs in existence at that time. See GAO, National Park Service: A More Systematic Process for Establishing National Heritage Areas and Actions to Improve Their Accountability Are Needed, GAO-04-593T, March 30, 2004, p. 3. Hereinafter referred to as GAO, 2004. Congressional Research Service 6 link to page 11 National Heritage Areas: Background and Issues for Congress In 2023, P.L. 117-339 included similar language regarding private property rights, but did so across the entire newly established National Heritage Area System.15 Funding NHAs receive funding from an array of sources, including philanthropic organizations, private donations, state and local governments, and federal appropriations. In its annual budget justification, the Administration submits to Congress its desired funding level for the heritage area program, with funding usually divided between direct grantmaking support to NHAs and general administrative costs for the program. Congress typically provides federal funding to NHAs as part of the annual Interior, Environment, and Related Agencies Appropriations laws under the NPS National Recreation and Preservation account. NPS typically allocates federal funding for NHAs to the designated LCEs. In general, the laws establishing NHAs require a 1:1 match in funding (federal vs. nonfederal) by the LCEs.16 Nonfederal matching funds can be provided in the form of cash or in-kind contributions. Federal funds might be used to help rehabilitate an important site, develop tours, establish interpretive exhibits and programs, increase public awareness, or sponsor special events to highlight an sponsor special events to highlight an
area’s natural and cultural heritage. Funding also may support staffing, planning, or area’s natural and cultural heritage. Funding also may support staffing, planning, or
administrative needs of the LCE. administrative needs of the LCE.
In recent years, Congress has provided direction to the NPS on how to In recent years, Congress has provided direction to the NPS on how to al ocateallocate appropriated appropriated
monies among the various NHAs. For monies among the various NHAs. For exampleinstance, in the explanatory statement accompanying the , in the explanatory statement accompanying the
FY2017 appropriations law for Interior, Environment, and Related Agencies, Congress FY2017 appropriations law for Interior, Environment, and Related Agencies, Congress al ocatedallocated
funding to NHAs under a three-tier system. This system funding to NHAs under a three-tier system. This system al ocatedallocated $150,000 for each authorized $150,000 for each authorized
area that was area that was stil still in the process of developing its management plan, known as in the process of developing its management plan, known as Tier I areas, and , and
$300,000 for $300,000 for Tier II areas, which were those with recently approved management plans; it , which were those with recently approved management plans; it
maintained FY2016 funding levels for “longstanding” maintained FY2016 funding levels for “longstanding” Tier III areas..917 In subsequent years, In subsequent years,
Congress has directed NPS to maintain this tiered Congress has directed NPS to maintain this tiered al otmentallotment formula with adjustments based on formula with adjustments based on
changes in annual funding amounts and the establishment of new heritage areas.changes in annual funding amounts and the establishment of new heritage areas.10

7 Guidance on how to develop a management plan, as well as examples of existing management plans, is on the NPS
website. See NPS, “Management Plans,” at https://www.nps.gov/subjects/heritageareas/management-plans.htm.
8 T here18 For an overview of federal appropriations for heritage area programs, see Figure 1. 15 Specifically, the law specifies that designation of an NHA does not abridge any rights of a public or private property owner, require a property owner to permit public access to a property, alter any land use regulation, convey authority to any local coordinating entity, affects water rights, diminish state authority over wildlife, or create liability with respect to any person injured on private property. 16 There are some exceptions to 1:1 matching of funds; for example, the enabling legislation designating are some exceptions to 1:1 matching of funds; for example, the enabling legislation designating the Wheeling the Wheeling
NHA requiresNHA requires only a 25% nonfederal to federal match from the local coordinating entity (P.L. 106-291, Title I, §157 a 25% nonfederal to federal match from the local coordinating entity (P.L. 106-291, Title I, §157,
Oct. 11, 2000, 114 Stat. 963).
9.) 17 P.L. 115-31, Division G, Explanatory Statement, Congressional Record, May 3, 2017, p. H3878. P.L. 115-31, Division G, Explanatory Statement, Congressional Record, May 3, 2017, p. H3878. T heThe NPS considers NPS considers
“longstanding” areas to be those established prior to 2004, with the exception of the National Coal Heritage Area, the “longstanding” areas to be those established prior to 2004, with the exception of the National Coal Heritage Area, the
Cache La Poudre River NHA, and the Illinois and Michigan Canal National Heritage Corridor, none of which had a Cache La Poudre River NHA, and the Illinois and Michigan Canal National Heritage Corridor, none of which had a
management plan in place at the time. Once a management plan wasmanagement plan in place at the time. Once a management plan was established, NPSestablished, NPS treated these NHAs as treated these NHAs as T ier II
areas.
10 For both FY2018 and FY2019, Congress directed this formula to rem ain constant with FY2017 levels, “with the
increase above the enacted level [of FY2017] to be equally distributed to T ier I areas or T ier II areas” (H.Rept. 116-9
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Although Congress has regularly provided appropriations to NHAs through the annual
appropriations process, some Members have expressed interest in reducing or eliminating the
federal funding role for individual heritage areas over time. In S.Rept. 116-123, for example, the
Senate Committee on Appropriations directed the NPS to continue to encourage individual
heritage areas to develop plans for long-term sufficiency.11 For more information on these
perspectives, see “Support, Opposition, and Chal enges.”
FY2021 Appropriations
For FY2021, the Trump Administration sought to eliminate nearly al funding for NHAs.
Specifical y, the Administration proposed a reduction of roughly $21.5 mil ion from FY2020
funding levels for heritage areas. The FY2021 budget requested $0.4 mil ion for administrative
support and no funding for grants to existing heritage areas. In an overview of the major savings
and reforms outlined in the FY2021 budget, the Administration stated that this reduction in
funding was justified due to the heritage area program being “secondary to the primary mission of
the National Park Service (NPS).”12 Instead, the Administration encouraged existing heritage
areas to use the federal designation to facilitate sustainable funding opportunities from local and
private sources. Prior budget requests for each of FY2018-FY2020 also proposed funding only
NHA administrative costs, with no funding provided to individual heritage areas.13
P.L. 116-260, enacted in December 2020, included appropriations for Interior, Environment, and
Related Agencies in Division G. The law provides $23.9 mil ion in funding for the NPS Heritage
Partnership Program for FY2021—including $22.9 mil ion for grantmaking and direct support
and just over $1 mil ion for administrative support. In the accompanying explanatory text,
Congress directed that the distribution formula remain consistent with prior years and that the
additional funding would be “sufficient to provide stable funding sources for both the newly
authorized and existing National Heritage Areas.”14

for H.J.Res. 31, p. 721). Congress appropriated $20.3 million for assistance to heritage areas in FY2018 and FY2019,
$0.5 million higher than the FY2017 level. As a result, the total amount appropriated to each NHA was slightly higher
than the T ier I and T ier II baseline levels from FY2017. In FY2020, Congress appropriated $21.9 million to support
heritage areas. In the accompanying explanatory text, Congress directed that the distribution formula remain consistent
with prior years and that the additional funding would be “sufficient to provide stable funding sources for both the
newly authorized and existing NHAs” (U.S. Congress, House Committee on Appropriations, Consolidated
Appropriations Act, 2020, committee print, 116th Cong., 2nd sess., (Washington: GPO, 2020), p. 598). FY2021
appropriations are discussed further in the “ FY2021 Appropriations” section.
11 S.Rept. 116-123, p. 40.
12 Office of the President, Major Savings and Reforms, Budget of the United States Government, FY2021, February 10,
2020, p. 55:
National Heritage Areas are not part of the National Park System, and the lands are not federally
owned and managed. T he lands within heritage areas tend to remain in State, local, or private
ownership. T hus, these grants to State and local entities are not a Federal responsibility. National
Heritage Area managers should use the national designation to facilitate more sustainable funding
opportunities from local and private beneficiaries... T he proposed funding elimination would also
allow NPS to focus resources on core park and program operations, such as visitor services.
13 NPS, Budget Justifications and Performance Information Fiscal Year 2018, 2019, and 2020 on the NPS website at
https://www.nps.gov/aboutus/budget.htm.
14 Congressional Record, daily edition, vol. 166, part 218 (December 21, 2020), p. H8532.
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Authorizations and Funding Limits
The laws establishing heritage areas typical y contain provisions explicitly authorizing the
Secretary of the Interior to provide financial assistance for a specified period. Were the
authorization for federal funding to expire, the NHA itself would not necessarily cease to exist
(e.g., the area could continue to operate with funding from nonfederal sources). However, for a
heritage area to continue receiving federal funding beyond the period specified in the establishing
law, Congress typical y would need to extend or amend the authorization provision. Congress
regularly considers legislation extending authorization limits for federal funding to NHAs. For
example, according to the NPS, the funding authorizations for 30 of the existing 55 NHAs are set
to expire in 2021. As a result, Members have introduced a variety of bil s in the 116th and 117th
Congress to extend dates for the authorization of appropriations of these individual NHAs beyond
2021.15
In addition to setting sunset dates for federal funding authorizations, Congress has established
funding caps for some NHAs, either on an annual basis or over the lifetime of the authorized
funding period. Congress sometimes has chosen to increase these funding limits for specific
NHAs, particularly in instances where the limit has been met or is at risk of being met.
Evaluations
In recent years, the NPS has increasingly sought to conduct evaluations of heritage areas to make
recommendations on the future NPS role (if any) in the management of areas moving forward.
Such evaluations have been undertaken at the behest of the Secretary of the Interior, as wel as at
Tier II areas. 18 In explanatory statements accompanying appropriations laws since FY2017, Congress has indicated that funding be distributed in accordance with the directive established in FY2017. For example, in FY2023, Congress indicated that “the directive contained in the explanatory statement that accompanied Public Law 116–6 with regards to funding distribution is continued.” See the “Explanatory Statement Submitted by Mr. Leahy, Chair of the Senate Committee on Appropriations, Regarding H.R. 2617, Consolidated Appropriations Act, 2023,” Proceedings and Debates of the 117th Congress, Congressional Record, vol. 168, part 198 (December 22, 2022), p. S8649. Congressional Research Service 7 National Heritage Areas: Background and Issues for Congress Figure 1. Appropriations for the National Park Service’s Heritage Partnership Program, FY2014-FY2023 ($ in millions) Source: Data for FY2014-FY2021 are from NPS budget justifications for FY2016-FY2022. Data for FY2022 and FYa2023 are taken from annual House Appropriations Committee detailed tables for NPS. Notes: The left-hand vertical axis is measured in mil ions of dol ars and reflects appropriations figures from FY2014-FY2023. The right-hand vertical axis measures the number of national heritage areas over that same period. Adjustments for inflation (shown in 2023 dol ars) use the GDP Chained Price Index from White House Office of Management and Budget, Historical Tables, Table 10.1, Gross Domestic Product and Deflators Used in the Historical Tables—1940-2023, at https://www.whitehouse.gov/omb/budget/historical-tables/. The number of designated heritage areas reflected in the line graph include the Shenandoah Valley Battlefields National Historic District. Although this area does not appear to be included within the definition of the newly established National Heritage Area System, NPS typically provides funding to the Historic District through the Heritage Partnership Program annual appropriation. Authorizations and Funding Limits The laws establishing NHAs typically contain provisions explicitly authorizing the Secretary of the Interior to provide financial assistance to LCEs to support the establishment, development, and continuity of NHAs for a specified period. Were the authorization to provide assistance expire, the NHA and the LCE would not necessarily cease to exist (e.g., the LCE could continue to operate and manage the NHA with funding from nonfederal sources). However, an extension of the provision authorizing the Secretary to provide financial assistance would be needed for an LCE to continue receiving federal funding beyond the period specified in the enabling law. Congress often considers legislation extending authorization limits for the Secretary to provide federal funding to NHAs and their LCEs. For example, from September 30, 2021, to October 12, 2021, various provisions of law authorizing the Secretary to provide financial assistance (to 30 of the 55 existing NHAs) were set to expire. Members introduced a variety of bills in the 116th and Congressional Research Service 8 National Heritage Areas: Background and Issues for Congress 117th Congress to extend the authorization dates beyond 2021.19 As part of the NHA Act, the authorization for the majority of NHAs was extended through 2037.20 Congress also has established funding caps for some NHAs, either on an annual basis or over the lifetime of the authorized funding period.21 Most NHAs have an annual funding limit of $1 million; in practice, annual funding levels for individual NHAs have historically tended to be lower than that amount. By contrast, total lifetime funding caps vary across individual NHAs. This is in part due to Congress periodically increasing funding limits for specific NHAs in instances where funding has reached or is approaching the limit.22 In 2023, the NHA Act increased the total lifetime authorization for appropriations for 11 NHAs.23 Evaluations In recent years, the NPS has increasingly undertaken evaluations of NHAs to inform recommendations on the future NPS role (if any) in the management of such areas moving forward. Such evaluations have been undertaken at the behest of the Secretary of the Interior and at the direction of Congress. For example, P.L. 110-229 required the NPS to evaluate nine heritage the direction of Congress. For example, P.L. 110-229 required the NPS to evaluate nine heritage
areas designated in 1996.areas designated in 1996.1624 The law required an evaluation of the “accomplishments” of The law required an evaluation of the “accomplishments” of the areas;
an assessment ofeach area; the management entity the management entity’s success in achieving the enabling law’s purposes and the management plan’s goals and objectives; in achieving the purposes of the law designating the area
and the goals and objectives of the management plan for the area; an analysis of the impact of the impact of
investments in the area; and investments in the area; and a review of the management structure, partnership arrangements, and the management structure, partnership arrangements, and
funding for the area so as to identify components required for sustainability. The law also funding for the area so as to identify components required for sustainability. The law also
required the NPS to report its results and recommendations to Congress. required the NPS to report its results and recommendations to Congress.
Between 2013 and 2015, NPS completed and submitted to Congress its evaluations for the nine Between 2013 and 2015, NPS completed and submitted to Congress its evaluations for the nine
areasNHAs listed in P.L. 110-229.25 After completing these statutorily mandated evaluations, NPS 19 For example, in the 116th Congress, H.R. 7239 would have extended the listed in P.L. 110-229: America’s Agricultural Heritage Partnership, also known as Silos and
Smokestacks; Augusta Canal NHA; Essex NHA; Maurice D. Hinchey Hudson River Val ey
NHA; National Coal Heritage Area, also known as West Virginia National Coal Heritage Area;
Ohio & Erie Canal National Heritage Corridor; Rivers of Steel NHA; South Carolina National
Heritage Corridor; and Tennessee Civil War Heritage Area.17 Based on the statute’s evaluation
requirements, NPS developed a policy to evaluate al heritage areas prior to termination of federal
funding. Since 2015, NPS has completed 10 additional evaluations of heritage areas.18 Congress
also has included provisions requiring evaluations for newly established heritage areas in most

15 For example, in the 116th Congress, H.R. 7239 would have extended authorization of appropriations for the Rivers of authorization of appropriations for the Rivers of
Steel NHA, the Lackawanna Valley NHA, the DelawareSteel NHA, the Lackawanna Valley NHA, the Delaware and Lehigh National Heritage Corridor, the and Lehigh National Heritage Corridor, the Schuylkill River
Valley Schuylkill River Valley NHA, and the Oil Region NHA through 2036. Multiple bills were introduced in the 117th Congress that would have extended the funding authorization for the 30 areas in question. Prior to the enactment of P.L. 117-339, Congress passed and the President signed a continuing resolution that authorized the Secretary to continue to provide financial assistance to heritage areas, notwithstanding any sunset authorization date or funding limitation (P.L. 117-43). 20 Certain exceptions apply. P.L. 117-339 does not extend the funding authorization for the 6 NHAs established as part of P.L. 116-9. The funding authority for these NHAs is set to expire in 2034. In addition, the funding authority for the 7 NHAs established as part of P.L. 117-339 terminates in January 2038. In addition, certain longstanding NHAs that do not have a statutorily set funding authorization (e.g., Cane River NHA and Mississippi Gulf Coast NHA) were not impacted by the legislation. 21 Not every NHA has an annual funding limit. For example, the Cane River NHA does not have an annual funding cap. 22 Congress has not established total funding limits for every NHA. For example, the John H. Chafee Blackstone River Valley National Heritage Corridor, the Delaware and Lehigh National Heritage Corridor, and the Cane River NHA do not have statutorily established total funding limits. 23 These areas are the America’s Agricultural Heritage Partnership (now Silos and Smokestacks NHA), Blue Ridge NHA, Essex NHA, Lackawanna Valley NHA, Last Green Valley National Heritage Corridor, Maurice D. Hinchey Hudson River Valley NHA, MotorCities NHA, Ohio & Erie National Heritage Canalway, Rivers of Steel NHA, South Carolina National Heritage Corridor, and Wheeling NHA. 24 P.L. 110-229, §462. 25 See NPS, “Evaluations,” at https://www.nps.gov/subjects/heritageareas/evaluations.htm. These areas are the America’s Agricultural Heritage Partnership (now designated as the Silos & Smokestacks NHA); Augusta Canal NHA; Essex NHA; Maurice D. Hinchey Hudson River Valley NHA; National Coal Heritage Area, also known as West Virginia National Coal Heritage Area; Ohio & Erie Canal National Heritage Corridor; Rivers of Steel NHA; South Congressional Research Service 9 National Heritage Areas: Background and Issues for Congress developed a policy to evaluate all NHAs before federal funding terminated. Since 2015, NPS has completed 11 additional evaluations of NHAs.26 In 2023, the NHA Act authorized the Secretary to conduct evaluations for all NHAs at “reasonable and appropriate intervals” and to submit a report to Congress following completion of each evaluation that provides a recommendation as to the continued role of NPS.27 The law also standardized the required components of such evaluations, which are similar to those that were in place under NPS policy.28 The NHA Act establishes certain additional requirements for reports submitted to Congress that include a recommendation regarding continued federal funding. If the report recommends that funding for an NHA should be continued, it must contain information on how that funding could be reduced over time. If the report recommends that funding should be eliminated, the report must contain a description of potential impacts to the NHA in question. Stakeholder Perspectives and Legislative Activity Since the creation of the first NHA, stakeholders have had divergent views on the benefits and appropriateness of NHAs and the federal role in creating, managing, and funding such designated areas. Some stakeholders believe that the benefits of NHAs are considerable and thus Congress should expand its assistance for creating and sustaining heritage areas. Supporters view NHAs as important for protecting history, traditions, and cultural landscapes, especially where communities are losing their traditional economic base (e.g., industry or farming), facing a loss of population, or experiencing rapid growth from people unfamiliar with the region.29 Advocates see NHAs as unifying forces that increase people’s pride in their traditions, foster a spirit of cooperation and unity, and promote a stewardship ethic among the public.30 Advocates of NHAs assert that heritage areas foster cultural tourism, community revitalization, and regional economic development.31 Local governments and management entities often advertise heritage areas as entertaining and educational places for tourists and may offer activities such as stories, music, food areas, walking tours, boat rides, and celebrations. Through increased Carolina National Heritage Corridor; and Tennessee Civil War Heritage Area. 26 These heritage areas are the Blue Ridge NHA, Erie Canalway National Heritage Corridor, National Aviation Heritage Area, Niagara Falls NHA, Oil Region NHA, Schuylkill River Valley NHA, MotorCities NHA, Lackawanna Valley NHA, Last Green Valley National Heritage Corridor, Wheeling NHA, and Yuma Crossing NHA. 27 Although the evaluation authority provided in P.L. 117-339 is discretionary, NPS may have requirements under other laws to conduct evaluations for certain NHAs. For example, P.L. 116-9 requires NPS to conduct an evaluation for each newly established heritage area “not later than 3 years before the date on which authority for Federal funding terminates.” 28 Specifically, the law requires NPS assess the progress of the local coordinating entity in accomplishing the purposes of the NHA and achieving the goals and objectives of the management plan for the area. It also requires an analysis of the impact of investments in the area, and a review of the management structure, partnership arrangements, and funding for the area so as to identify components required for sustainability. 29 Testimony of Sara Capen, Chair of the Alliance of National Heritage Areas, in U.S. Congress, Subcommittee on National Parks, Forests, and Public LandsNHA, and the Oil Region NHA through 2036.
16 P.L. 110-229, §462.
17 See NPS, “Evaluations,” at https://www.nps.gov/subjects/heritageareas/evaluations.html.
18 T hese heritage areas are Blue Ridge NHA, Erie Canalway National Heritage Corridor, National Aviation Heritage
Area, Oil Region NHA, Schuylkill River Valley NHA, MotorCities NHA, Lackawanna Valley NHA, Last Green
Valley National Heritage Corridor, Wheeling NHA, and Yuma Crossing NHA.
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legislation considered in recent years. In general, these provisions direct NPS to evaluate heritage
areas within a specific period, typical y before the expiration of the authorization for federal
funds.19
Legislative Activity
Congress considers bil s pertaining to existing and proposed NHAs on a perennial basis. In March
2019, the John D. Dingel , Jr. Conservation, Management, and Recreation Act was signed into
law as P.L. 116-9. Among various other provisions, the omnibus public lands bil created six new
NHAs. This section summarizes the NHA-related sections in that act. It also provides an
overview of selected other bil s introduced in the 116th and 117th Congress that exclusively or
mainly focus on NHAs and provisions related to NHAs in selected broader measures, such as
appropriations bil s.
John D. Dingell, Jr. Conservation, Management, and Recreation Act
On March 12, 2019, President Trump signed into law the John D. Dingel , Jr. Conservation,
Management, and Recreation Act (P.L. 116-9), the first law to establish new national heritage
areas since the Omnibus Public Land Management Act of 2009 (P.L. 111-11). Title VI of P.L.
116-9 contained sections for new designations, authorizations of feasibility studies for
prospective areas, adjustments to existing heritage area boundaries, and amendments to existing
heritage area authorizations.
Section 6001 of the law designated six new national heritage areas, bringing the total number of
heritage areas nationwide from 49 to 55. Table 2 shows each new heritage area along with the
local coordinating entity identified in the statute. Section 6001 of the law also authorized the
Secretary of the Interior to provide financial assistance to each of the new NHAs.20 It authorized
appropriations of $10 mil ion for each of the NHAs, of which not more than $1 mil ion is to be
made available for any fiscal year.21 It established a sunset date of 15 years after the date of
enactment for the authority of the Secretary to provide assistance.22
Table 2. National Heritage Areas Designated in P.L. 116-9
National Heritage Area
State(s)
Local Coordinating Entity
Appalachian Forest NHA
MD, WV
Appalachian Forest Heritage Area, Inc.
Maritime Washington NHA
WA
Washington Trust for Historic Preservation
Mountains to Sound Greenway NHA
WA
Mountains to Sound Greenway Trust
Sacramento-San Joaquin Delta NHA
CA
Delta Protection Commission
Santa Cruz Val ey NHA
AZ
Santa Cruz Val ey Heritage Al iance, Inc.
Susquehanna NHA
PA
Susquehanna Heritage Corporation
Source: Compiled by CRS from P.L. 116-9 on August 7, 2020.

19 For example, P.L. 116-9 required NPS to conduct an evaluation for each newly established heritage area “not later
than 3 years before the date on which authority for Federal funding terminates.”
20 P.L. 116-9, T itle VI, §6001(b)(1).
21 P.L. 116-9, T itle VI, §6001(g).
22 P.L. 116-9, T itle VI, §6001(g)(4).
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Section 6002 of the law adjusted the boundaries of the existing Lincoln National Heritage Area to
include Livingston County, the city of Jonesboro in Union County, and the city of Freeport in
Stephenson County.23 Section 6003 directed the Secretary of the Interior to conduct a study of the
Finger Lakes area for potential designation as a national heritage area, based on the region’s
natural, historic, and cultural resources. The study is to include the counties of Cayuga, Chemung,
Cortland, Livingston, Monroe, Onondaga, Ontario, Schuyler, Seneca, Steuben, Tioga, Tompkins,
Wayne and Yates.24 Section 6004 made various types of changes to existing NHAs.
Legislation to Establish Systemic NHA Procedures
Congress has considered a number of bil s in recent years that would establish a national heritage
areas system. In the 116th Congress, two bil s—H.R. 1049 and S. 3217—would have established
such a system and set out the relationship between the NHAs and the National Park System. For
example, both bil s stated explicitly that NHAs were not to be considered units of the National
Park System or subject to the authorities applicable to that system. They also would have required
the Secretary of the Interior to conduct feasibility studies, when directed by Congress, or to
review such studies prepared by others. The bil s differed in a number of ways, as authorization
for federal assistance would have expired under H.R. 1049 in 2034 and S. 3217 would have
permanently authorized federal assistance. In December 2020, the House passed H.R. 1049, as
amended; the Senate did not take up the bil for a vote in the 116th Congress.
In February 2021, the House passed H.R. 803, the Protecting America’s Wilderness and Public
Lands Act. Title XVII of the bil includes provisions that would establish a national heritage area
system similar to those passed by the 116th Congress as part of H.R. 1049. Specifical y, H.R. 803
would standardize a system governing the designation, management, and funding of NHAs.
Among other provisions, the bil outlines a procedure for developing NHA management plans and
specifies components of such plans; directs the Secretary to conduct evaluations for al NHAs;
and authorizes up to $750,000 in appropriations per year for each NHA until 2037. For a more
complete analysis of the provisions within H.R. 803 see the Appendix.
The development of systemic heritage area legislation has been advocated in the past by an
independent commission,25 the Obama Administration,26 and the George W. Bush Administration,
among others.27 The Trump Administration also expressed support for developing systemic NHA
program legislation that would establish a statutory framework for the NPS role in administering
the NHAs. During hearings on H.R. 1049 in the 116th Congress, the Trump Administration also
testified in favor of deferring action on the bil , “to work with the sponsor and the committee on

23 P.L. 116-9, §6002. The Lincoln NHA in Illinois was established in the Consolidated Natural Resources Act of 2008
(P.L. 110-229). T he newly expanded area now includes the sites of the historic Lincoln -Douglas debates and the area
where President Lincoln began his legal career within the Eighth Judicial District (“ U.S. Senate Approves Expansion of
Lincoln Heritage Area,” T he State Journal-Register, February 12, 2019).
24 P.L. 116-9, §6003.
25 National Parks Second Century Commission, Advancing the National Park Idea, 2009, p. 23.
26 T estimony of Stephanie T oothman of the National Park Service, in U.S. Congress, Subcommittee on Public Lands
and Environmental Regulation of the House Committee on Natural Resources, Legislative Hearing, 113th Cong., 2nd
sess., July 29, 2014, H.Hrg. 113-84 (Washington: GPO, 2015), p. 47.
27 According to testimony from NPS, in July 2006, the George W. Bush Administration presented to Congress a draft
of systemic NHA legislation based on the findings and recommendations of the National Park System Advisory Board.
See testimony of Daniel Wenk of the National Park Service, in U.S. Congress, Subcommittee on National Parks of the
Senate Committee on Energy and Natural Resources, Miscellaneous National Parks Bills, hearings, 110 th Cong., 1st
sess., March 20, 2007, S.Hrg. 110-73 (Washington, DC: GPO, 2007).
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revisions that would more fully address the issues with the program.”28 In particular, the Trump
Administration did not support the extension of funding authority for national heritage areas
outlined in H.R. 1049, as amended, and several other individual heritage area bil s introduced in
the 116th Congress. Both in testimony and in annual NPS budget requests, the Trump
Administration expressed a desire to focus resources on reducing the National Park Service’s
deferred maintenance backlog and to transition funding for the heritage area program to the state,
local, or private entities that manage heritage areas.29
Opposition to an NHA system, as with opposition to individual NHAs, has come primarily from
advocates of private property rights.30 These opponents have expressed concerns that NHA
system legislation would lead to restrictive regulations and loss of private land ownership even
with legislative provisions to safeguard property rights.31 For example, they have stated that
heritage area LCEs—though themselves lacking power to make regulatory changes—could
influence local legislators to change zoning laws and other regulations.
Additional NHA Legislation in the 117th Congress
In addition to H.R. 803, various other bil s pertaining to existing NHAs or the designation of new
heritage areas have been introduced in the 117th Congress. The majority of these bil s seek to
extend authorization limits for the 30 NHAs whose authorization is set to expire in 2021. For
example, H.R. 956 would extend the authorization of federal funding for the National Aviation
Heritage Area through 2036. Other bil s would establish new national heritage areas, such as H.R.
670, which would establish the Bronzevil e-Black Metropolis National Heritage Area in Chicago,
IL.
Support, Opposition, and Challenges
Some believe the benefits of NHAs are considerable and thus Congress should expand its
assistance for creating and sustaining heritage areas. Supporters view NHAs as important for
protecting history, traditions, and cultural landscapes, especially where communities are losing
their traditional economic base (e.g., industry or farming), facing a loss of population, or
experiencing rapid growth from people unfamiliar with the region.32 Advocates see NHAs as

28 T estimony of P. Daniel Smith of the National Park Service, in U.S. Congress, Subcommittee on National Parks,
Forests, and Public Lands of the House Committee on Natural Resources, hearings, 116 th Cong., 1st sess., April 30,
2019, accessed at https://www.doi.gov/ocl/pending-legislation. Hereinafter referred to as P. Daniel Smith, 2019.
29 P. Daniel Smith, 2019. See also U.S. Congress, House Committee on Natural Resources, Subcommittee on Oversight
and Investigations, Exam ining the Departm ent of the Interior’s Spending Priorities and the President’s Fiscal Year
2018 Budget Proposal, 115th Cong., 1st sess., June 22, 2017, H.Hrg. 115-11 (Washington: GPO, 2017), pp. 26-27; and,
NPS, Budget Justifications and Perform ance Inform ation Fiscal Year 2021, p. NR&P -2, at https://www.doi.gov/sites/
doi.gov/files/uploads/fy2021-budget-justification-nps.pdf.
30 For additional discussion on private property issues, see the sections of this report entitled “ Ownership” and
“Support, Opposition, and Challenges.”
31 See, for example, American Policy Center, “National Heritage Areas: T he Land Grabs Continue,” by T om DeWeese,
October 11, 2012, at http://americanpolicy.org/2012/10/11/national-heritage-areas-the-land-grabs-continue/; and
T estimony of Robert J. Smith, Competitive Enterprise Institute and Center for Private Conservation, in U.S. Congress,
Subcommittee on National Parks of the Senate Committee on Ener gy and Natural Resources, National Heritage Areas,
hearings, 108th Cong., 2nd sess., June 24, 2004, S.Hrg. 108-692 (Washington, DC: GPO, 1004), p. 23. T hese
commentators were considering earlier versions of NHA system legislation in the 112 th and 108th Congresses,
respectively.
32 T estimony of Sara Capen, Chair of the Alliance of National Heritage Areas, in U.S. Congress, Subcommittee on
National Parks, Forests, and Public Lands of the House Committee on Natural Resources, hearings, 116 th Cong., 1st
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unifying forces that increase people’s pride in their traditions, foster a spirit of cooperation and
unity, and promote a stewardship ethic among the public.33
Advocates of NHAs assert that heritage areas foster cultural tourism, community revitalization,
and regional economic development.34 Local governments and management entities often
advertise heritage areas as entertaining and educational places for tourists and may offer activities
such as stories, music, food areas, walking tours, boat rides, and celebrations. Through increased
tourism, communities benefit local y when tourists visit and purchase services and products.35 In
some cases, increased heritage tourism, together with an emphasis on adaptive reuse of historic
resources, has attracted broader business growth and development.36
Some supporters see NHAs as general y more desirable than other types of land conservation.
They often prefer the designation of NHAs to other federal y established designations, because
the lands typical y remain in nonfederal ownership and are administered local y.37 Other NHA
backers view establishing and managing federal areas, such as units of the National Park System,
as too costly and observe that smal federal investments in heritage areas have been successful in
attracting funds from other sources.38 Some proponents also see NHAs as flexible enough to
encompass a diverse array of initiatives and areas, because the heritage concept lacks systemic
laws or regulations; other supporters of NHAs favor a standardized program and process.39
Property rights advocates often oppose establishment of heritage areas. They contend that some
national heritage areas lack significant local support.40 These opponents promote routine
notification of private property owners when their lands fal within proposed heritage areas, on
the grounds that the NPS could exert a degree of federal control over nonfederal lands by
influencing zoning and land-use planning.41 Some raise concerns that the federal government
would not routinely adhere to any private property protections in legislation. They are concerned

sess., April 30, 2019, accessed at https://naturalresources.house.gov/imo/media/doc/Capen,%20Sara%20-
%20Written%20Testimony.pdf.
33 National Parks Conservation Association (NPCA), “National Heritage Areas Preserve America’s Landscapes and
History,” at https://www.npca.org/advocacy/59-national-heritage-areas-preserve-america-s-landscapes-and-history.
Hereinafter referred to as NPCA, “National Heritage Areas.”
34 Alliance of National Heritage Areas (ANHA), “Economic Impact,” accessed August 4, 2020, at
https://www.nationalheritageareas.us/issues/#econ. Hereinafter referred to as ANHA, “ Economic Impact.”
35 For examples of community benefits from NHAs, see NPS, “National Heritage Areas – Economic Impact Studies,”
web page accessed August 4, 2020, at https://www.nps.gov/subjects/heritageareas/economic_impact_studies.htm.
36 ANHA, “Economic Impact.”
37 of the House Committee on Natural Resources, hearings, 117th Cong., 1st sess., October 6, 2021. Hereinafter “Capen (2021).” 30 National Parks Conservation Association (NPCA), “National Heritage Areas Preserve America’s Landscapes and History,” at https://www.npca.org/advocacy/59-national-heritage-areas-preserve-america-s-landscapes-and-history. Hereinafter referred to as NPCA, “National Heritage Areas.” 31 Alliance of National Heritage Areas (ANHA), “Economic Impact,” at https://www.nationalheritageareas.us/issues/#econ. Hereinafter referred to as ANHA, “Economic Impact.” Congressional Research Service 10 National Heritage Areas: Background and Issues for Congress tourism, communities benefit locally when tourists visit and purchase services and products.32 In some cases, increased heritage tourism, together with an emphasis on adaptive reuse of historic resources, has attracted broader business growth and development.33 Some supporters see NHAs as generally more desirable than other types of land conservation. They often prefer the designation of NHAs to other federally established designations because the lands typically remain in nonfederal ownership and are administered locally.34 Proponents often point to NHAs as an alternative to other federally established designations, in that lands typically remain in nonfederal ownership and are administered locally. They assert that participation in NHAs is voluntary and that NHA legislation often explicitly prohibits infringement on private property and federal land acquisition.35 Other NHA backers view establishing and managing federal areas, such as units of the National Park System, as too costly and observe that small federal investments in heritage areas have been successful in attracting funds from other sources.36 NHAs are often pointed to as being cost-effective models for public-private partnerships, given that most NHAs must match federal dollars with nonfederal funding. Property rights advocates often oppose establishment of heritage areas. They contend that some NHAs lack significant local support.37 These opponents promote routine notifications to private property owners when their lands fall within proposed heritage areas, on the grounds that the NPS could exert a degree of federal control over nonfederal lands by influencing zoning and land-use planning.38 Some raise concerns that the federal government would not routinely adhere to any private property protections in legislation. They contend that localities have to obtain the approval of the Secretary of the Interior for heritage area management plans and assert that some plans are overly prescriptive in regulating details of private property use.39 Some observers recommend caution in creating more NHAs because, in practice, NHAs may face various challenges to success.40 For instance, LCEs managing heritage areas may have difficulty 32 For examples of community benefits from NHAs, see NPS, “National Heritage Areas – Economic Impact Studies,” at https://www.nps.gov/subjects/heritageareas/economic_impact_studies.htm. 33 ANHA, “Economic Impact.” 34 Alan W. Barton, “From Parks to Partnerships: National Heritage Areas and the Path to Collaborative Participation in the National Park Service’s First 100 Years,” Natural Resources Journal 56 (Winter 2016), at https://digitalrepository.unm.edu/nrj/vol56/iss1/5. 35 Capen (2021). “NHAs have absolutely no impact on private property, mineral, or water rights, do not allow for federal land acquisition; and have no impact to local, state, or federal regulatory authority or jurisdiction.” In addition, a 2004 Government Accountability Office (GAO, at that time known as the General Accounting Office) report found that “national heritage areas do not appear to have directly affected the rights of property owners.” (GAO, National Park Service: A More Systematic Process for Establishing National Heritage Areas and Actions to Improve Their Accountability Are Needed, GAO-04-593T, March 30, 2004, p. 3. The GAO report reflected the 24 national heritage areas (NHAs) in existence at that time.) 36 NPCA, “National Heritage Areas.” See also, NPS, “National Heritage Areas By the Numbers 2020,” at https://www.nps.gov/subjects/heritageareas/upload/By-the-Numbers-2020_508-Compliant.pdf. NPS reports that in FY2020, heritage areas matched the $20.9 million in federal funding with $88.5 million in cash and in-kind support. 37 Tom DeWeese, “Why are National Heritage Areas a Threat?” American Policy Center, June 30, 2021, at https://americanpolicy.org/2021/06/30/why-are-national-heritage-areas-a-threat/. 38 Cheryl Chumley and Ronald D. Utt, “National Heritage Areas: Costly Economic Development Schemes That Threaten Property Rights,” Heritage Foundation Backgrounder No. 2080, October 23, 2007. 39 Testimony of Robert J. Smith, Director of the Center for Private Conservation, (108th Congress), June 24, 2004, before the Subcommittee on National Parks of the House Committee on Natural Resources, at https://www.govinfo.gov/content/pkg/CHRG-108shrg96736/pdf/CHRG-108shrg96736.pdf. 40 Information on challenges to NHA success is found in Jane Daly, “Heritage Areas: Connecting People to their Place and History,” Forum Journal (Journal of the National Trust for Historic Preservation), vol. 17, no. 4 (summer 2003), Congressional Research Service 11 National Heritage Areas: Background and Issues for Congress providing the infrastructure that increased tourism requires, such as additional parking, lodging, and restaurants. Some areas may need additional protective measures to ensure that increased tourism and development do not degrade the resources and landscapes.41 Still other NHAs may require assistance and improvements in their leadership and organizational structure to ensure they effectively communicate their messages and accomplishments. Some NHAs may have trouble attracting funds because the concept of a heritage area is not universally accepted as a sustainable approach to resource preservation or economic development.42 In addition, achieving and maintaining appropriate levels of public commitment to implementation may be challenging.43 Other concerns relate to ongoing federal funding for NHAs and the potential impact this support might have on NPS’s other administrative and financial obligations. Some officials during the Trump and Obama Administrations asserted that federal funds would be more appropriately spent on NPS park units and other existing protected areas rather than on the creation of new heritage areas.44 Some Members of Congress and past Administrations have also raised concerns regarding continued reauthorization of federal funding for certain heritage areas. They discourage perpetual federal support for the program and see the statutorily set funding limitations often set in enabling legislation as intended to promote self-sufficiency.45 Although Congress has regularly provided appropriations to NHAs through the annual appropriations process, some Members have expressed interest in reducing or eliminating the federal funding role for individual heritage areas over time.46 Others cite a need for a mechanism to hold the management entities accountable for the federal funds they receive and the decisions they make.47 pp. 5-12. 41 For example, in certain instances, NHA designation has been opposed due to concerns around how potential increases in visitation and tourism might impact local residents. Proposals to establish an NHA at Kaena Point in Hawaii have been met with concerns around how increased traffic to the area might impact areas that some claim are already overused. See Ku‘u Kauanoe, “'It’s the People That Mess It Up’: Why Kaena Point Could Be Hawaii’s First National Heritage Area,” USA Today, September 29, 2022. 42 Brenda Barrett, “Why Is Funding Large Landscape Work So Darn Hard?,” Living Landscape Observer, July 1, 2015, at https://livinglandscapeobserver.net/why-is-funding-large-landscape-work-so-darn-hard/. 43 For additional information on challenges to NHA success, see Brenda Barrett, “NHA@30, New National Parks for the 1990s: Thinning the Blood or a Much Needed Transfusion?,” Living Landscape Observer, January 30, 2014, at https://livinglandscapeobserver.net/nha30-new-national-parks-in-the-1990s-thinning-of-the-blood-or-a-much-needed-transfusion/. See also Alan W. Barton, “From Parks to Partnerships: National Heritage Areas and the Path to Collaborative Participation in Alan W. Barton, “From Parks to Partnerships: National Heritage Areas and the Path to Collaborative Participation in
the National Park Service’s First 100 Years,” the National Park Service’s First 100 Years,” Natural Resources Journal, vol. 56 (Winter 56 (Winter 2016), pp. 23-542016), at , at
https://digitalrepository.unm.edu/nrj/vol56/iss1/5.
38 NPCA, “National Heritage Areas.”
39 For examples of proponents in support of the current regulatory structure for NHAs, see Susan Martin-Williams and
Steven Selin, “National Heritage Areas: Examining Organizational Development and the Role of the National Park
Service as a Federal Partner,” proceedings of the 2006 Northeastern Recreation Research Symposium, Bolton Landing,
NY, April 9-11, 2006, pp. 367-376. For examples of advocates in support of systemic legislation, see ANHA, “ Program
Legislation,” accessed August 4, 2020, at https://www.nationalheritageareas.us/issues/#program. Hereinafter referred to
as ANHA, “Program Legislation.”
40 Peyton Knight, Director of Environmental and Regulatory Affairs, National Center for Public Policy Research,
“National Heritage Areas—An Appearance of Innocence,” speech presented at T enth Annual National Conference on
Property Rights, Property Rights Foundation of America, Albany, New York, October 14, 2006, accessed at
https://prfamerica.org/speeches/10th/NatlHeritageAreas-AppearInnocent.html.
41 Cheryl Chumley and Ronald D. Utt, “National Heritage Areas: Costly Economic Development Schemes T hat
T hreaten Property Rights,” Heritage Foundation Backgrounder No. 2080, October 23, 2007.
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that localities have to obtain the approval of the Secretary of the Interior for heritage area
management plans and assert that some plans are overly prescriptive in regulating details of
private property use.42
Thehttps://digitalrepository.unm.edu/nrj/vol56/iss1/5. 44 For Trump Administration statements, see Testimony of P. Daniel Smith of the National Park Service, in U.S. Congress, Subcommittee on National Parks, Forests, and Public Lands of the House Committee on Natural Resources, hearings, 116th Cong., 1st sess., April 30, 2019, at https://www.doi.gov/ocl/pending-legislation. Hereinafter referred to as “P. Daniel Smith (2019).” (“[t]he Administration has proposed no funding for national heritage areas in FY 2020 in order to focus resources on reducing the National Park Service’s $11.9 billion deferred maintenance backlog and other critical national park needs. The National Park Service encourages national heritage area managers to continue to use the designation, which continues in perpetuity, to facilitate sustainable funding from local and private beneficiaries.”). For Obama Administration statements, see NPS, Budget Justifications and Performance Information Fiscal Year 2013, p. Overview-26. (“This proposed reduction [in heritage area funding] would allow the Park Service to focus its available resources on sustaining park operations and other critical community partnership programs.”). 45 Testimony of P. Daniel Smith of the National Park Service, in U.S. Congress, Subcommittee on National Parks of the Senate Committee on Energy and Natural Resources, hearings, 115th Cong., 2nd sess., Aug. 15, 2018. 46 For example, in S.Rept. 116-123, the Senate Committee on Appropriations directed the NPS to continue to encourage individual heritage areas to develop plans for long-term sufficiency (p. 40). 47 GAO, 2004, p. 11. Congressional Research Service 12 National Heritage Areas: Background and Issues for Congress National Heritage Area System: Consideration and Enactment For many years before the NHA Act was established, the lack of a general statute providing a framework for heritage area establishment, management, lack of a general statute providing a framework for heritage area establishment, management,
and funding and funding has prompted criticism that prompted criticism that the process isthese processes were inconsistent and fragmented. inconsistent and fragmented.4348 Some Some seesaw a a
need to establish and define the criteria for creating NHAs, specify what NHAs are and do, and need to establish and define the criteria for creating NHAs, specify what NHAs are and do, and
clarify the federal role in supporting these areas. clarify the federal role in supporting these areas. There areOthers raised concerns concerns that the enactment of
additional heritage bil s could substantial y increase the NPS’s administrative and financial
obligations. Some Trump Administration officials asserted that federal funds would be more
appropriately spent on NPS park units and other existing protected areas rather than on the
creation of new heritage areas.44 Stil others cite a need for a mechanism to hold the management
entities accountable for the federal funds they receive and the decisions they make.45
Some observers recommend caution in creating NHAs because, in practice, NHAs may face
various chal enges to success.46 For instance, heritage areas may have difficulty providing the
infrastructure that increased tourism requires, such as additional parking, lodging, and restaurants.
Some areas may need additional protective measures to ensure that increased tourism and
development do not degrade the resources and landscapes. Stil other NHAs may require
improvements in leadership and organization of the management entities, including explaining
their message and accomplishments. Some NHAs may have trouble attracting funds because the
concept is not universal y accepted as a sustainable approach to resource preservation or
economic development.47 Some conservationists think the protective measures are not strong
enough, and some economic development professionals think the heritage idea does not fit the
traditional framework for development. In addition, achieving and maintaining appropriate levels
of public commitment to implementation may be chal enging.48

42 T estimony of Robert J. Smith, Director of the Center for Private Conservation, (10 8th Congress), June 24, 2004,
before the Subcommittee on National Parks of the House Committee on Natural Resources, at
https://www.govinfo.gov/content/pkg/CHRG-108shrg96736/pdf/CHRG-108shrg96736.pdf.
43 ANHA, “Program Legislation.”
44 P. Daniel Smith, 2019.
45 GAO, 2004, p. 11.
46 Information on challenges to NHA success is found in Jane Daly, “Heritage Areas: Connecting People to their Place
and History,” Forum Journal (Journal of the National Trust for Historic Preservation) , vol. 17, no. 4 (summer 2003),
pp. 5-12.
47 Brenda Barrett, “Why Is Funding Large Landscape Work So Darn Hard?” Living Landscape Observer, July 1, 2015,
at https//livinglandscapeobserver.net/why-is-funding-large-landscape-work-so-darn-hard/.
48 For additional information on challenges to NHA success, see Brenda Barrett, “NHA@30, New National Parks for
the 1990s: T hinning the Blood or a Much Needed T ransfusion?,” Living Landscape Observer, January 30, 2014, at
http://livinglandscape.observer.net/nha30-new-national-parks-in-the-1990s-thinning-of-the-blood-or-a-much-needed-
transfusion/. See also Alan W. Barton, “ From Parks to Partnerships: National Heritage Areas and the Path to
Collaborative Participation in the National Park Service’s First 100 Years,” Natural Resources Journal, vol. 56 (Winter
2016), pp. 23–54, at https://digitalrepository.unm.edu/nrj/vol56/iss1/5.
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Appendix. Overview of Title XVII Provisions of
H.R. 803
Table A-1. Overview of Title XVII Provisions of H.R. 803
Section 1701. Short Title
“National Heritage Area Act of 2021”
Section 1702. Definitions
Defines the fol owing terms:

Feasibility Study

Indian Tribe

Local Coordinating Entity

Management Plan

National Heritage Area

Secretary

Study Area

Tribal Government
Section 1703. National Heritage Area System
Establishes the National Heritage Area System to be composed of existing NHAs and future NHAs designated by
Congress, unless a future law designating an area specifical y exempts if from the system.
Authorizes the Secretary of the Interior to provide technical and financial assistance to NHAs. Sets out other
responsibilities of the Secretary of the Interior with regard to NHAs, regarding the ongoing cycle of reauthorizing federal funding limitations for each of the individual heritage areas.49 The development of systemic heritage area legislation was advocated for in the past by an independent commission,50 the Obama Administration,51 and the George W. Bush Administration, among others.52 The Trump and Biden Administrations also expressed support for developing systemic NHA program legislation that would establish a statutory framework for the NPS role in administering the NHAs.53 Still others generally opposed the creation of a heritage area system. Some of this opposition came from stakeholders who were generally opposed to the heritage area concept as a whole, whereas others raised concerns around whether the government should seek a continued role in heritage area management.54 Before the NHA Act was enacted, multiple bills were introduced and considered that would have established such a system and set out the relationship between the NHAs and the National Park System.55 Although the provisions of these bills varied, in general, these bills would have standardized the process governing the designation, management, evaluation, and funding of NHAs. In addition, they also stated explicitly that NHAs were not to be considered units of the National Park System or subject to the authorities applicable to that system. Debate around these bills and the establishment of a national system centered largely around the continued role of the federal government in administering and funding heritage areas, and the degree to which certain bills provided for such ongoing or limited support. Some lawmakers and others have objected to extensions of federal funding authorizations included in such bills and have sought to reduce such authorizations and transition funding for the heritage area program to 48 ANHA, “Program Legislation.” 49 Capen (2021). (“For too long now, the lack of a long-term legislative solution has led to a challenging two-year cycle of reauthorizations that expends the time and energy of this Committee, Members of Congress, National Park Service, National Heritage Area boards and staff.”) 50 National Parks Second Century Commission, Advancing the National Park Idea, 2009, p. 23. 51 Testimony of Stephanie Toothman of the National Park Service, in U.S. Congress, Subcommittee on Public Lands and Environmental Regulation of the House Committee on Natural Resources, Legislative Hearing, 113th Cong., 2nd sess., July 29, 2014, H.Hrg. 113-84 (Washington: GPO, 2015), p. 47. 52 According to testimony from NPS, in July 2006, the George W. Bush Administration presented to Congress a draft of systemic NHA legislation based on the findings and recommendations of the National Park System Advisory Board. See testimony of Daniel Wenk of the National Park Service, in U.S. Congress, Subcommittee on National Parks of the Senate Committee on Energy and Natural Resources, Miscellaneous National Parks Bills, hearings, 110th Cong., 1st sess., March 20, 2007, S.Hrg. 110-73 (Washington, DC: GPO, 2007). 53 P. Daniel Smith (2019). Although the Trump Administration testified in favor of establishing a national heritage area system, officials asked to defer action on a bill “to work with the sponsor and the committee on revisions that would more fully address the issues with the program.” Specifically, the Administration expressed a desire to focus resources on reducing the NPS’s deferred maintenance backlog. For the Biden Administration’s position on similar legislation, see testimony of Joy Beasley, Associate Director for Cultural Resources, in U.S. Congress, Subcommittee on National Parks, Forests and Public Lands, House Committee on Natural Resources, Legislation Pertaining to National Heritage Areas, 117th Cong., 1st sess., June 15, 2021. 54 For example, see H.Rept. 116-601 and Congressional Record, vol. 166, part 204 (December 3, 2020), p. H6095. 55 For example, see H.R. 1002 (115th), H.R. 1049 and S. 3217 (116th), and H.R. 1316 and S. 1942 (117th). Congressional Research Service 13 link to page 17 link to page 4 National Heritage Areas: Background and Issues for Congress the state, local, or private entities that manage heritage areas.56 Others advocated for the removal of lifetime funding caps altogether, thereby facilitating ongoing federal funding and avoiding any need to increase funding limits on an individual basis.57 In the 116th Congress, two bills—H.R. 1049 and S. 3217—provided two different approaches to funding authorization limits for the proposed NHA System. Under H.R. 1049, authorization for federal funding for most NHAs would have expired after 15 years, whereas under S. 3217 federal funding would have been permanently authorized.58 The National Heritage Area Act, P.L. 117-339 On January 5, 2023, the National Heritage Area Act was signed into law (P.L. 117-339), enacting a number of provisions included in earlier legislative proposals. The law established a formal NHA System and created uniform guidelines for the Secretary to study, designate, and evaluate heritage areas. It also designated seven new NHAs, authorized the study of three proposed NHAs, and extended the funding authorization for most NHAs until at least 2037. An overview of the law is included below in Table 2. Table 2. Overview of P.L. 117-339, the National Heritage Area Act National Heritage Area System Establishes the National Heritage Area System to be composed of existing NHAs and future NHAs designated by Congress. NHAs are defined in this provision (see Table 1). Establishes the relationship of the NHA System to the NPS, including participation in NHA initiatives from NPS units near or encompassed within NHA boundaries. Clarifies that NHAs are not to be considered units of the National Park System. Authorizes the Secretary of the Interior to provide technical and financial assistance to NHAs in the system. Sets out other responsibilities of the Secretary of the Interior with regard to NHAs, such as preparing feasibility studies at the such as preparing feasibility studies at the
direction of Congress,direction of Congress, reviewing reviewing and approving or disapproving management plans, entering into cooperative and approving or disapproving management plans, entering into cooperative
agreements,agreements, and evaluating and reporting on the accomplishmentsand evaluating and reporting on the accomplishments of NHAs.
Establishes the relationship of the NHA System to the NPS and clarifies that NHAs are not to be considered units
of the national park system.
Section 1704. National Heritage Area System Management
MANAGEMENT PLAN—
Requires each NHA to develop a management and business plan. The bil sets out requirements of the plan
including an inventory of resources and a strategy by which the local coordinating entity wil achieve financial
sustainability.
Requirements do not apply to management plans currently in effect.
Requires the local coordinating entity to submit a management plan to the Secretary for approval within three
years after designation of the NHA.
EVALUATIONS—
Requires the Secretary to conduct an evaluation of each NHA not later than one year before the authorization for
Federal funding expires.
Directs the Secretary to submit evaluations to Congress with recommendations on the NPS role regarding the
area, including whether federal funding should be continued, eliminated, or reduced.
Al ows for Secretary to meet evaluation requirement by updating an existing evaluation not more than five years
before another evaluation would otherwise be required.
Provides Secretary with authority to conduct additional evaluations as deemed appropriate.
Section 1705. Study Areas
Authorizes the Secretary of the Interior to conduct studies of the suitability and feasibility of establishing an NHA
or to review studies prepared by others. The bil sets out criteria by which areas would be evaluated, such as
inclusion of worthy resources; availability of a local managing entity; and demonstration of support by local
governments, residents, businesses, and nonprofit organizations.
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Requires the Secretary to review studies prepared by others, and certify whether they meet the requirements set
out in the bil , within one year of receipt.
Requires the Secretary to submit to Congress a report describing the findings of each study and the conclusions
and recommendations of the Secretary.
Report must be submitted within three years of funds being provided for an NPS conducted study or within 180
days of the Secretary’s certification of a study prepared by others.
Section 1706. Local Coordinating Entities
Sets out roles, responsibilities, and authorities of local coordinating entities.
Prohibits local coordinating entities from using federal funds to acquire any interest in real property.
Extends authorities of the Erie Canalway National Heritage Corridor Commission and the Gul ah/Geechee
Cultural Heritage Corridor Commission through September 30, 2035.
Section 1707. Property Owners and Regulatory Protections
Identifies the rights of public and private property owners, as wel as treaty rights of any Indian Tribe within
designated NHAs.
Section 1708. Authorization of Appropriations
Authorizes up to $750,000 per NHA per year for each of fiscal years 2022 through 2037.
Provides that, in general, the federal share of the total cost of any activity wil be no more than 50%.
Provides that for NHAs with an existing federal match of less than 50%, the non -federal requirement wil remain
unchanged for two fiscal years after enactment, with a 10% increase annual y thereafter until the nonfederal share
is consistent with the 50% requirement for other NHAs.
Section 1709. Statutory Clarification
Specifies that any existing provisions of law that provide for authorization sunset dates, funding limitations, or
evaluation requirements, are superceded and shal have no effect.
Specifies that any existing provisions of law that provide for the establishment management, administration, or
operation of existing heritage areas are not affected by the bil unless otherwise specified.
Source: CRS with information from H.R. 803, as referred in the Senate. No further action has been taken as of
March 15, 2021.
Notes: The table includes excerpted language from the majority of sections, but does not provide an exhaustive
discussion of al provisions included in the bil .


Author Information

Mark K. DeSantis

Analyst in Natural Resources Policy


Acknowledgments
Carol Hardy Vincent and Laura Comay, CRS Specialists in Natural Resources Policy, contributed to earlier
versions of this report.
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Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should n ot of NHAs. Studies Authorizes the Secretary to conduct studies of the suitability and feasibility of establishing an NHA or to review studies prepared by others. Sets out criteria by which areas are to be evaluated, such as inclusion of worthy resources; availability of a local managing entity; and demonstration of support by local governments, residents, businesses, and nonprofit organizations. Requires the Secretary to review studies prepared by others, and certify whether they meet the requirements set out in the law, within one year of receipt. Requires the Secretary to submit to Congress a report describing the findings of each study and the conclusions and recommendations of the Secretary. Report must be submitted within three years of funds being provided for an NPS-conducted study or within 180 days of the Secretary’s certification of a study prepared by others. Designation States that an area shall be designated as a NHA only by an act of Congress. 56 See H.Rept. 116-601. See also U.S. Congress, House Committee on Natural Resources, Subcommittee on Oversight and Investigations, Examining the Department of the Interior’s Spending Priorities and the President’s Fiscal Year 2018 Budget Proposal, 115th Cong., 1st sess., June 22, 2017, H.Hrg. 115-11 (Washington: GPO, 2017), pp. 26-27; and, NPS, Budget Justifications and Performance Information Fiscal Year 2021, p. NR&P-2, at https://www.doi.gov/sites/doi.gov/files/uploads/fy2021-budget-justification-nps.pdf. 57 For example, S. 3217 in the 116th Congress would have authorized financial assistance in perpetuity for NHAs. 58 In addition, H.R. 1049 would have authorized up to $750,000 in appropriations per year for each NHA whereas S. 3217 would have authorized up to $1,000,000 per year per NHA. Congressional Research Service 14 link to page 19 link to page 19 National Heritage Areas: Background and Issues for Congress Evaluations Provides Secretary with authority to conduct evaluations of NHAs at reasonable and appropriate intervals, as determined by the Secretary. Requires NHA evaluations to assess the progress and accomplishments of a local coordinating entity, analyze the impact of investments in a NHA, and review the management structure for a NHA, among other components. Directs the Secretary to submit evaluations to Congress with recommendations on the NPS role regarding the area, including whether federal funding should be continued, eliminated, or reduced. Private Property Rights Specifies that nothing in the act abridges any rights of a public or private property owner, requires a property owner to permit public access to a property, alters any land use regulation, conveys authority to any local coordinating entity, affects water rights, diminishes state authority over wildlife, or creates liability with respect to any person injured on private property. Authorization of New Studies Directs the Secretary to conduct a study to assess the suitability and feasibility of designating areas in:  Hawaii as the “Kaena Point National Heritage Area”;  Virginia and North Carolina as the ‘ Great Dismal Swamp National Heritage Area”; and  Guam as the “Guam National Heritage Area.” National Heritage Area Designations Designates seven new heritage areas:  Alabama Black Belt NHA  Bronzeville-Black Metropolis NHA  Downeast Maine NHA  Northern Neck NHA  St. Croix NHA  Southern Campaign of the Revolution National Heritage Corridor  Southern Maryland NHA Requires local coordinating entities of the newly designated NHAs to submit management plans to the Secretary for approval within three years. Authorizes $10 mil ion in appropriations for each new NHA with not more than $1 mil ion to be made available in any fiscal year. Terminates authority for the Secretary to provide funding for the seven new NHAs and the six NHAs established under P.L. 116-9 to 15 years after the date of enactment (January 5, 2038). Extension of NHA Authorizations Extends the legislative authorization (including funding authorization) for 45 NHAs through FY2037. Authorizes appropriations of not more than $1 mil ion annually for FY2023 through FY2037 for the 45 heritage areas extended, subject to 50–50 matching requirement with non-federal funds.a Increase of Appropriations Authorizations Increases the total authorization of appropriations by $2 mil ion for each of 11 NHAs. Redesignations Redesignates the America’s Agricultural Heritage Partnership as the ‘ Silos & Smokestacks National Heritage Area” and the Great Basin National Heritage Route as the ‘ Great Basin National Heritage Area.’ Extension of Management Plan Deadline Extends the timeframe for the local coordinating entities of six NHAs designated under P.L. 116-9 to submit their management plans to the Secretary.b Source: CRS with information from P.L. 117-339. Congressional Research Service 15 National Heritage Areas: Background and Issues for Congress Notes: a. P.L. 117-339 amends P.L. 116-9, which established a $1 mil ion annual funding limit for six NHAs established by that law. As a result, the 6 NHAs initially established by P.L. 116-9, the 7 new NHAs established under P.L. 117-339, and the 45 NHAs listed in this section all now have $1 mil ion annual funding limits. The provision of the law referred to in the table explicitly sets a $1 mil ion annual funding limit for 45 other NHAs included in the system. b. Completion and approval of management plans for the six NHAs designated pursuant to P.L. 116-9 were delayed, in part, to the coronavirus pandemic. Author Information Mark K. DeSantis Analyst in Natural Resources Policy Disclaimer This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
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