PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1783

Public Law 109–338

109th Congress

An Act

To reduce temporarily the royalty required to be paid for sodium produced, to

establish certain National Heritage Areas, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘National

Heritage Areas Act of 2006’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—SODA ASH ROYALTY REDUCTION

Sec. 101. Short title.

Sec. 102. Reduction in royalty rate on soda ash.

Sec. 103. Study.

TITLE II—ESTABLISHMENT OF NATIONAL HERITAGE AREAS

Subtitle A—Northern Rio Grande National Heritage Area

Sec. 201. Short title.

Sec. 202. Congressional findings.

Sec. 203. Definitions.

Sec. 204. Northern Rio Grande National Heritage Area.

Sec. 205. Authority and duties of the Management Entity.

Sec. 206. Duties of the Secretary.

Sec. 207. Private property protections; savings provisions.

Sec. 208. Sunset.

Sec. 209. Authorization of appropriations.

Subtitle B—Atchafalaya National Heritage Area

Sec. 211. Short title.

Sec. 212. Definitions.

Sec. 213. Atchafalaya National Heritage Area.

Sec. 214. Authorities and duties of the local coordinating entity.

Sec. 215. Management Plan.

Sec. 216. Requirements for inclusion of private property.

Sec. 217. Private property protection.

Sec. 218. Effect of subtitle.

Sec. 219. Reports.

Sec. 220. Authorization of appropriations.

Sec. 221. Termination of authority.

Subtitle C—Arabia Mountain National Heritage Area

Sec. 231. Short title.

Sec. 232. Findings and purposes.

Sec. 233. Definitions.

Sec. 234. Arabia Mountain National Heritage Area.

Sec. 235. Authorities and duties of the local coordinating entity.

Sec. 236. Management Plan.

16 USC 461 note.

National

Heritage Areas

Act of 2006.

Oct. 12, 2006

[S. 203]

120 STAT. 1784 PUBLIC LAW 109–338—OCT. 12, 2006

Sec. 237. Technical and financial assistance.

Sec. 238. Effect on certain authority.

Sec. 239. Authorization of appropriations.

Sec. 240. Termination of authority.

Sec. 241. Requirements for inclusion of private property.

Sec. 242. Private property protection.

Subtitle D—Mormon Pioneer National Heritage Area

Sec. 251. Short title.

Sec. 252. Findings and purpose.

Sec. 253. Definitions.

Sec. 254. Mormon Pioneer National Heritage Area.

Sec. 255. Designation of Alliance as local coordinating entity.

Sec. 256. Management of the Heritage Area.

Sec. 257. Duties and authorities of Federal agencies.

Sec. 258A. Requirements for inclusion of private property.

Sec. 258B. Private property protection.

Sec. 259. Authorization of appropriations.

Sec. 260. Termination of authority.

Subtitle E—Freedom’s Frontier National Heritage Area

Sec. 261. Short title.

Sec. 262. Purpose.

Sec. 263. Definitions.

Sec. 264. Freedom’s Frontier National Heritage Area.

Sec. 265. Technical and financial assistance; other Federal agencies.

Sec. 266. Private property protection.

Sec. 267. Savings provisions.

Sec. 268. Authorization of appropriations.

Sec. 269. Termination of authority.

Subtitle F—Upper Housatonic Valley National Heritage Area

Sec. 271. Short title.

Sec. 272. Findings and purposes.

Sec. 273. Definitions.

Sec. 274. Upper Housatonic Valley National Heritage Area.

Sec. 275. Authorities, prohibitions, and duties of the Management Entity.

Sec. 276. Management Plan.

Sec. 277. Duties and authorities of the Secretary.

Sec. 278. Duties of other Federal agencies.

Sec. 279. Requirements for inclusion of private property.

Sec. 280. Private property protection.

Sec. 280A. Authorization of appropriations.

Sec. 280B. Sunset.

Subtitle G—Champlain Valley National Heritage Partnership

Sec. 281. Short title.

Sec. 282. Findings and purposes.

Sec. 283. Definitions.

Sec. 284. Heritage Partnership.

Sec. 285. Requirements for inclusion of private property.

Sec. 286. Private property protection.

Sec. 287. Effect.

Sec. 288. Authorization of appropriations.

Sec. 289. Termination of authority.

Subtitle H—Great Basin National Heritage Route

Sec. 291. Short title.

Sec. 291A. Findings and purposes.

Sec. 291B. Definitions.

Sec. 291C. Great Basin National Heritage Route.

Sec. 291D. Memorandum of understanding.

Sec. 291E. Management Plan.

Sec. 291F. Authority and duties of local coordinating entity.

Sec. 291G. Duties and authorities of Federal agencies.

Sec. 291H. Land use regulation; applicability of Federal law.

Sec. 291I. Authorization of appropriations.

Sec. 291J. Termination of authority.

Sec. 291K. Requirements for inclusion of private property.

Sec. 291L. Private property protection.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1785

Subtitle I—Gullah/Geechee Heritage Corridor

Sec. 295. Short title.

Sec. 295A. Purposes.

Sec. 295B. Definitions.

Sec. 295C. Gullah/Geechee Cultural Heritage Corridor.

Sec. 295D. Gullah/Geechee Cultural Heritage Corridor Commission.

Sec. 295E. Operation of the local coordinating entity.

Sec. 295F. Management Plan.

Sec. 295G. Technical and financial assistance.

Sec. 295H. Duties of other Federal agencies.

Sec. 295I. Coastal Heritage Centers.

Sec. 295J. Private property protection.

Sec. 295K. Authorization of appropriations.

Sec. 295L. Termination of authority.

Subtitle J—Crossroads of the American Revolution National Heritage Area

Sec. 297. Short title.

Sec. 297A. Findings and purposes.

Sec. 297B. Definitions.

Sec. 297C. Crossroads of the American Revolution National Heritage Area.

Sec. 297D. Management Plan.

Sec. 297E. Authorities, duties, and prohibitions applicable to the local coordinating

entity.

Sec. 297F. Technical and financial assistance; other Federal agencies.

Sec. 297G. Authorization of appropriations.

Sec. 297H. Termination of authority.

Sec. 297I. Requirements for inclusion of private property.

Sec. 297J. Private property protection.

TITLE III—NATIONAL HERITAGE AREA STUDIES

Subtitle A—Western Reserve Heritage Area Study

Sec. 301. Short title.

Sec. 302. National Park Service study regarding the Western Reserve, Ohio.

Subtitle B—St. Croix National Heritage Area Study

Sec. 311. Short title.

Sec. 312. Study.

Subtitle C—Southern Campaign of the Revolution

Sec. 321. Short title.

Sec. 322. Southern Campaign of the Revolution Heritage Area study.

Sec. 323. Private property.

TITLE IV—ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE

CORRIDOR ACT AMENDMENTS

Sec. 401. Short title.

Sec. 402. Transition and provisions for new local coordinating entity.

Sec. 403. Private property protection.

Sec. 404. Technical amendments.

TITLE V—MOKELUMNE RIVER FEASIBILITY STUDY

Sec. 501. Authorization of Mokelumne River Regional Water Storage and Conjunctive Use Project Study.

Sec. 502. Use of reports and other information.

Sec. 503. Cost shares.

Sec. 504. Water rights.

Sec. 505. Authorization of appropriations.

TITLE VI—DELAWARE NATIONAL COASTAL SPECIAL RESOURCES STUDY

Sec. 601. Short title.

Sec. 602. Study.

Sec. 603. Themes.

Sec. 604. Report.

TITLE VII—JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL

HERITAGE CORRIDOR REAUTHORIZATION

Sec. 701. Short title.

Sec. 702. John H. Chafee Blackstone River Valley National Heritage Corridor.

120 STAT. 1786 PUBLIC LAW 109–338—OCT. 12, 2006

Sec. 703. New Jersey Coastal Heritage Trail Route.

TITLE VIII—CALIFORNIA RECLAMATION GROUNDWATER REMEDIATION

INITIATIVE

Sec. 801. Short title.

Sec. 802. Definitions.

Sec. 803. California basins remediation.

Sec. 804. Sunset of authority.

TITLE IX—NATIONAL COAL HERITAGE AREA

Sec. 901. National Coal Heritage Area amendments.

TITLE I—SODA ASH ROYALTY

REDUCTION

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Soda Ash Royalty Reduction

Act of 2006’’.

SEC. 102. REDUCTION IN ROYALTY RATE ON SODA ASH.

Notwithstanding section 102(a)(9) of the Federal Land Policy

Management Act of 1976 (43 U.S.C. 1701(a)(9)), section 24 of the

Mineral Leasing Act (30 U.S.C. 262), and the terms of any lease

under that Act, the royalty rate on the quantity or gross value

of the output of sodium compounds and related products at the

point of shipment to market from Federal land in the 5-year period

beginning on the date of enactment of this Act shall be 2 percent.

SEC. 103. STUDY.

After the end of the 4-year period beginning on the date of

enactment of this Act, and before the end of the 5-year period

beginning on that date, the Secretary of the Interior shall report

to Congress on the effects of the royalty reduction under this

title, including—

(1) the amount of sodium compounds and related products

at the point of shipment to market from Federal land during

that 4-year period;

(2) the number of jobs that have been created or maintained

during the royalty reduction period;

(3) the total amount of royalty paid to the United States

on the quantity or gross value of the output of sodium compounds and related products at the point of shipment to market

produced during that 4-year period, and the portion of such

royalty paid to States; and

(4) a recommendation of whether the reduced royalty rate

should apply after the end of the 5-year period beginning on

the date of enactment of this Act.

Reports.

30 USC 262 note.

30 USC 262 note.

30 USC 262 note.

Soda Ash Royalty

Reduction Act of

2006.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1787

TITLE II—ESTABLISHMENT OF

NATIONAL HERITAGE AREAS

Subtitle A—Northern Rio Grande National

Heritage Area

SEC. 201. SHORT TITLE.

This subtitle may be cited as the ‘‘Northern Rio Grande

National Heritage Area Act’’.

SEC. 202. CONGRESSIONAL FINDINGS.

The Congress finds that—

(1) northern New Mexico encompasses a mosaic of cultures

and history, including 8 Pueblos and the descendants of Spanish

ancestors who settled in the area in 1598;

(2) the combination of cultures, languages, folk arts, customs, and architecture make northern New Mexico unique;

(3) the area includes spectacular natural, scenic, and recreational resources;

(4) there is broad support from local governments and

interested individuals to establish a National Heritage Area

to coordinate and assist in the preservation and interpretation

of these resources;

(5) in 1991, the National Park Service study Alternative

Concepts for Commemorating Spanish Colonization identified

several alternatives consistent with the establishment of a

National Heritage Area, including conducting a comprehensive

archaeological and historical research program, coordinating

a comprehensive interpretation program, and interpreting a

cultural heritage scene; and

(6) establishment of a National Heritage Area in northern

New Mexico would assist local communities and residents in

preserving these unique cultural, historical and natural

resources.

SEC. 203. DEFINITIONS.

As used in this subtitle—

(1) the term ‘‘heritage area’’ means the Northern Rio

Grande Heritage Area; and

(2) the term ‘‘Secretary’’ means the Secretary of the

Interior.

SEC. 204. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.

(a) ESTABLISHMENT.—There is hereby established the Northern

Rio Grande National Heritage Area in the State of New Mexico.

(b) BOUNDARIES.—The heritage area shall include the counties

of Santa Fe, Rio Arriba, and Taos.

(c) MANAGEMENT ENTITY.—

(1) The Northern Rio Grande National Heritage Area, Inc.,

a non-profit corporation chartered in the State of New Mexico,

shall serve as the management entity for the heritage area.

(2) The Board of Directors for the management entity shall

include representatives of the State of New Mexico, the counties

of Santa Fe, Rio Arriba and Taos, tribes and pueblos within

the heritage area, the cities of Santa Fe, Espanola and Taos,

Northern Rio

Grande National

Heritage Area

Act.

New Mexico.

16 USC 461 note.

120 STAT. 1788 PUBLIC LAW 109–338—OCT. 12, 2006

and members of the general public. The total number of Board

members and the number of Directors representing State, local

and tribal governments and interested communities shall be

established to ensure that all parties have appropriate representation on the Board.

SEC. 205. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.

(a) MANAGEMENT PLAN.—

(1) Not later than 3 years after the date of enactment

of this Act, the management entity shall develop and forward

to the Secretary a management plan for the heritage area.

(2) The management entity shall develop and implement

the management plan in cooperation with affected communities,

tribal and local governments and shall provide for public

involvement in the development and implementation of the

management plan.

(3) The management plan shall, at a minimum—

(A) provide recommendations for the conservation,

funding, management, and development of the resources

of the heritage area;

(B) identify sources of funding;

(C) include an inventory of the cultural, historical,

archaeological, natural, and recreational resources of the

heritage area;

(D) provide recommendations for educational and

interpretive programs to inform the public about the

resources of the heritage area; and

(E) include an analysis of ways in which local, State,

Federal, and tribal programs may best be coordinated to

promote the purposes of this subtitle.

(4) If the management entity fails to submit a management

plan to the Secretary as provided in paragraph (1), the heritage

area shall no longer be eligible to receive Federal funding

under this subtitle until such time as a plan is submitted

to the Secretary.

(5) The Secretary shall approve or disapprove the management plan within 90 days after the date of submission. If

the Secretary disapproves the management plan, the Secretary

shall advise the management entity in writing of the reasons

therefore and shall make recommendations for revisions to

the plan.

(6) The management entity shall periodically review the

management plan and submit to the Secretary any recommendations for proposed revisions to the management plan.

Any major revisions to the management plan must be approved

by the Secretary.

(b) AUTHORITY.—The management entity may make grants and

provide technical assistance to tribal and local governments, and

other public and private entities to carry out the management

plan.

(c) DUTIES.—The management entity shall—

(1) give priority in implementing actions set forth in the

management plan;

(2) encourage by appropriate means economic viability in

the heritage area consistent with the goals of the management

plan; and

Recommendations.

Deadline.

Deadline.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1789

(3) assist local and tribal governments and non-profit

organizations in—

(A) establishing and maintaining interpretive exhibits

in the heritage area;

(B) developing recreational resources in the heritage

area;

(C) increasing public awareness of, and appreciation

for, the cultural, historical, archaeological and natural

resources and sits in the heritage area;

(D) the restoration of historic structures related to

the heritage area; and

(E) carrying out other actions that the management

entity determines appropriate to fulfill the purposes of

this subtitle, consistent with the management plan.

(d) PROHIBITION ON ACQUIRING REAL PROPERTY.—The management entity may not use Federal funds received under this subtitle

to acquire real property or an interest in real property.

(e) PUBLIC MEETINGS.—The management entity shall hold

public meetings at least annually regarding the implementation

of the management plan.

(f) ANNUAL REPORTS AND AUDITS.—

(1) For any year in which the management entity receives

Federal funds under this subtitle, the management entity shall

submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each entity to which

any grant was made by the management entity.

(2) The management entity shall make available to the

Secretary for audit all records relating to the expenditure of

Federal funds and any matching funds. The management entity

shall also require, for all agreements authorizing expenditure

of Federal funds by other organizations, that the receiving

organization make available to the Secretary for audit all

records concerning the expenditure of those funds.

SEC. 206. DUTIES OF THE SECRETARY.

(a) TECHNICAL AND FINANCIAL ASSISTANCE.—The Secretary

may, upon request of the management entity, provide technical

and financial assistance to develop and implement the management

plan.

(b) PRIORITY.—In providing assistance under subsection (a),

the Secretary shall give priority to actions that facilitate—

(1) the conservation of the significant natural, cultural,

historical, archaeological, scenic, and recreational resources of

the heritage area; and

(2) the provision of educational, interpretive, and recreational opportunities consistent with the resources and associated values of the heritage area.

SEC. 207. PRIVATE PROPERTY PROTECTIONS; SAVINGS PROVISIONS.

(a) PRIVATE PROPERTY PROTECTION.—

(1) NOTIFICATION AND CONSENT OF PROPERTY OWNERS

REQUIRED.—No privately owned property shall be preserved,

conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been

notified in writing by the management entity and has given

written consent for such preservation, conservation or promotion to the management entity.

120 STAT. 1790 PUBLIC LAW 109–338—OCT. 12, 2006

(2) LANDOWNER WITHDRAWAL.—Any owner of private property included within the boundary of the heritage area, shall

have their property immediately removed from within the

boundary by submitting a written request to the management

entity.

(3) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle

shall be construed to require any private property owner to

permit public access (including Federal, State, or local government access) to such private property. Nothing in this subtitle

shall be construed to modify any provision of Federal, State,

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

lands.

(4) LIABILITY.—Designation of the heritage area shall not

be considered to create any liability, or to have any effect

on any liability under any other law, of any private property

owner with respect to any persons injured on such private

property.

(5) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—

Nothing in this subtitle shall be construed to modify any

authority of Federal, State, or local governments to regulate

land use.

(6) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE AREA.—Nothing in this subtitle shall be construed to

require the owner of any private property located within the

boundaries of the heritage area to participate in or be associated

with the heritage area.

(b) EFFECT OF ESTABLISHMENT.—The boundaries designated

for the heritage area represent the area within which Federal

funds appropriated for the purpose of this subtitle shall be

expended. The establishment of the heritage area and its boundaries

shall not be construed to provide any nonexisting regulatory

authority on land use within the heritage area or its viewshed

by the Secretary, the National Park Service, or the management

entity.

(c) TRIBAL LANDS.—Nothing in this subtitle shall restrict or

limit a tribe from protecting cultural or religious sites on tribal

lands.

(d) TRUST RESPONSIBILITIES.—Nothing in this subtitle shall

diminish the Federal Government’s trust responsibilities or government-to-government obligations to any federally recognized Indian

tribe.

SEC. 208. SUNSET.

The authority of the Secretary to provide assistance under

this subtitle terminates on the date that is 15 years after the

date of enactment of this Act.

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to

carry out this subtitle $10,000,000, of which not more than

$1,000,000 may be authorized to be appropriated for any fiscal

year.

(b) COST-SHARING REQUIREMENT.—The Federal share of the

total cost of any activity assisted under this subtitle shall be not

more than 50 percent.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1791

Subtitle B—Atchafalaya National Heritage

Area

SEC. 211. SHORT TITLE.

This subtitle may be cited as the ‘‘Atchafalaya National Heritage Area Act’’.

SEC. 212. DEFINITIONS.

In this subtitle:

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the

Atchafalaya National Heritage Area established by section

213(a).

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local coordinating entity for the Heritage Area designated by section 213(c).

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’

means the management plan for the Heritage Area developed

under section 215.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(5) STATE.—The term ‘‘State’’ means the State of Louisiana.

SEC. 213. ATCHAFALAYA NATIONAL HERITAGE AREA.

(a) ESTABLISHMENT.—There is established in the State the

Atchafalaya National Heritage Area.

(b) BOUNDARIES.—The Heritage Area shall consist of the whole

of the following parishes in the State: St. Mary, Iberia, St. Martin,

St. Landry, Avoyelles, Pointe Coupee, Iberville, Assumption,

Terrebonne, Lafayette, West Baton Rouge, Concordia, East Baton

Rouge, and Ascension Parish.

(c) LOCAL COORDINATING ENTITY.—

(1) IN GENERAL.—The Atchafalaya Trace Commission shall

be the local coordinating entity for the Heritage Area.

(2) COMPOSITION.—The local coordinating entity shall be

composed of 14 members appointed by the governing authority

of each parish within the Heritage Area.

SEC. 214. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING

ENTITY.

(a) AUTHORITIES.—For the purposes of developing and implementing the management plan and otherwise carrying out this

subtitle, the local coordinating entity may—

(1) make grants to, and enter into cooperative agreements

with, the State, units of local government, and private organizations;

(2) hire and compensate staff; and

(3) enter into contracts for goods and services.

(b) DUTIES.—The local coordinating entity shall—

(1) submit to the Secretary for approval a management

plan;

(2) implement the management plan, including providing

assistance to units of government and others in—

(A) carrying out programs that recognize important

resource values within the Heritage Area;

(B) encouraging sustainable economic development

within the Heritage Area;

Atchafalaya

National

Heritage Area

Act.

Louisiana.

16 USC 461 note.

120 STAT. 1792 PUBLIC LAW 109–338—OCT. 12, 2006

(C) establishing and maintaining interpretive sites

within the Heritage Area; and

(D) increasing public awareness of, and appreciation

for the natural, historic, and cultural resources of, the

Heritage Area;

(3) adopt bylaws governing the conduct of the local coordinating entity; and

(4) for any year for which Federal funds are received under

this subtitle, submit to the Secretary a report that describes,

for the year—

(A) the accomplishments of the local coordinating

entity; and

(B) the expenses and income of the local coordinating

entity.

(c) ACQUISITION OF REAL PROPERTY.—The local coordinating

entity shall not use Federal funds received under this subtitle

to acquire real property or an interest in real property.

(d) PUBLIC MEETINGS.—The local coordinating entity shall conduct public meetings at least quarterly.

SEC. 215. MANAGEMENT PLAN.

(a) IN GENERAL.—The local coordinating entity shall develop

a management plan for the Heritage Area that incorporates an

integrated and cooperative approach to protect, interpret, and

enhance the natural, scenic, cultural, historic, and recreational

resources of the Heritage Area.

(b) CONSIDERATION OF OTHER PLANS AND ACTIONS.—In developing the management plan, the local coordinating entity shall—

(1) take into consideration State and local plans; and

(2) invite the participation of residents, public agencies,

and private organizations in the Heritage Area.

(c) CONTENTS.—The management plan shall include—

(1) an inventory of the resources in the Heritage Area,

including—

(A) a list of property in the Heritage Area that—

(i) relates to the purposes of the Heritage Area;

and

(ii) should be preserved, restored, managed, or

maintained because of the significance of the property;

and

(B) an assessment of cultural landscapes within the

Heritage Area;

(2) provisions for the protection, interpretation, and enjoyment of the resources of the Heritage Area consistent with

this subtitle;

(3) an interpretation plan for the Heritage Area; and

(4) a program for implementation of the management plan

that includes—

(A) actions to be carried out by units of government,

private organizations, and public-private partnerships to

protect the resources of the Heritage Area; and

(B) the identification of existing and potential sources

of funding for implementing the plan.

(d) SUBMISSION TO SECRETARY FOR APPROVAL.—

(1) IN GENERAL.—Not later than 3 years after the date

on which funds are made available to carry out this subtitle,

Deadline.

Records.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1793

the local coordinating entity shall submit the management

plan to the Secretary for approval.

(2) EFFECT OF FAILURE TO SUBMIT.—If a management plan

is not submitted to the Secretary by the date specified in

paragraph (1), the Secretary shall not provide any additional

funding under this subtitle until a management plan for the

Heritage Area is submitted to the Secretary.

(e) APPROVAL.— (1) IN GENERAL.—Not later than 90 days after receiving

the management plan submitted under subsection (d)(1), the

Secretary, in consultation with the State, shall approve or

disapprove the management plan.

(2) ACTION FOLLOWING DISAPPROVAL.— (A) IN GENERAL.—If the Secretary disapproves a

management plan under paragraph (1), the Secretary

shall—

(i) advise the local coordinating entity in writing

of the reasons for the disapproval;

(ii) make recommendations for revisions to the

management plan; and

(iii) allow the local coordinating entity to submit

to the Secretary revisions to the management plan.

(B) DEADLINE FOR APPROVAL OF REVISION.—Not later

than 90 days after the date on which a revision is submitted

under subparagraph (A)(iii), the Secretary shall approve

or disapprove the revision.

(f) REVISION.—

(1) IN GENERAL.—After approval by the Secretary of a

management plan, the local coordinating entity shall

periodically—

(A) review the management plan; and

(B) submit to the Secretary, for review and approval

by the Secretary, the recommendations of the local coordinating entity for any revisions to the management plan

that the local coordinating entity considers to be appropriate.

(2) EXPENDITURE OF FUNDS.—No funds made available

under this subtitle shall be used to implement any revision

proposed by the local coordinating entity under paragraph (1)(B)

until the Secretary approves the revision.

SEC. 216. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

(a) NOTIFICATION AND CONSENT OF PROPERTY OWNERS

REQUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage

Area until the owner of that private property has been notified

in writing by the local coordinating entity and has given written

consent to the local coordinating entity for such preservation, conservation, or promotion.

(b) LANDOWNER WITHDRAWAL.—Any owner of private property

included within the boundary of the Heritage Area shall have

that private property immediately removed from the boundary by

submitting a written request to the local coordinating entity.

SEC. 217. PRIVATE PROPERTY PROTECTION.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle

shall be construed to—

Recommendations.

Deadline.

120 STAT. 1794 PUBLIC LAW 109–338—OCT. 12, 2006

(1) require any private property owner to allow public

access (including Federal, State, or local government access)

to such private property; or

(2) modify any provision of Federal, State, or local law

with regard to public access to or use of private property.

(b) LIABILITY.—Designation of the Heritage Area shall not be

considered to create any liability, or to have any effect on any

liability under any other law, of any private property owner with

respect to any persons injured on that private property.

(c) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE

AREA.—Nothing in this subtitle shall be construed to require the

owner of any private property located within the boundaries of

the Heritage Area to participate in or be associated with the Heritage Area.

SEC. 218. EFFECT OF SUBTITLE.

Nothing in this subtitle or in establishment of the Heritage

Area—

(1) grants any Federal agency regulatory authority over

any interest in the Heritage Area, unless cooperatively agreed

on by all involved parties;

(2) modifies, enlarges, or diminishes any authority of the

Federal Government or a State or local government to regulate

any use of land as provided for by law (including regulations)

in existence on the date of enactment of this Act;

(3) grants any power of zoning or land use to the local

coordinating entity;

(4) imposes any environmental, occupational, safety, or

other rule, standard, or permitting process that is different

from those in effect on the date of enactment of this Act

that would be applicable had the Heritage Area not been established;

(5)(A) imposes any change in Federal environmental quality

standards; or

(B) authorizes designation of any portion of the Heritage

Area that is subject to part C of title I of the Clean Air

Act (42 U.S.C. 7470 et seq.) as class 1 for the purposes of

that part solely by reason of the establishment of the Heritage

Area;

(6) authorizes any Federal or State agency to impose more

restrictive water use designations, or water quality standards

on uses of or discharges to, waters of the United States or

waters of the State within or adjacent to the Heritage Area

solely by reason of the establishment of the Heritage Area;

(7) abridges, restricts, or alters any applicable rule,

standard, or review procedure for permitting of facilities within

or adjacent to the Heritage Area; or

(8) affects the continuing use and operation, where located

on the date of enactment of this Act, of any public utility

or common carrier.

SEC. 219. REPORTS.

For any year in which Federal funds have been made available

under this subtitle, the local coordinating entity shall submit to

the Secretary a report that describes—

(1) the accomplishments of the local coordinating entity;

and

(2) the expenses and income of the local coordinating entity.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1795

SEC. 220. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated to carry out this subtitle $10,000,000, to remain available until

expended, of which not more than $1,000,000 may be authorized

to be appropriated for any fiscal year.

(b) COST-SHARING REQUIREMENT.—The Federal share of the

total cost of any activity assisted under this subtitle shall be not

more than 50 percent unless the Secretary determines that no

reasonable means are available through which the local coordinating entity can meet its cost sharing requirement for that activity.

SEC. 221. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance to the

local coordinating entity under this subtitle terminates on the date

that is 15 years after the date of enactment of this Act.

Subtitle C—Arabia Mountain National

Heritage Area

SEC. 231. SHORT TITLE.

This subtitle may be cited as the ‘‘Arabia Mountain National

Heritage Area Act’’.

SEC. 232. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds the following:

(1) The Arabia Mountain area contains a variety of natural,

cultural, historical, scenic, and recreational resources that

together represent distinctive aspects of the heritage of the

United States that are worthy of recognition, conservation,

interpretation, and continuing use.

(2) The best methods for managing the resources of the

Arabia Mountain area would be through partnerships between

public and private entities that combine diverse resources and

active communities.

(3) Davidson-Arabia Mountain Nature Preserve, a 535-acre

park in DeKalb County, Georgia—

(A) protects granite outcrop ecosystems, wetland, and

pine and oak forests; and

(B) includes federally-protected plant species.

(4) Panola Mountain, a national natural landmark, located

in the 860-acre Panola Mountain State Conservation Park,

is a rare example of a pristine granite outcrop.

(5) The archaeological site at Miners Creek Preserve along

the South River contains documented evidence of early human

activity.

(6) The city of Lithonia, Georgia, and related sites of Arabia

Mountain and Stone Mountain possess sites that display the

history of granite mining as an industry and culture in Georgia,

and the impact of that industry on the United States.

(7) The community of Klondike is eligible for designation

as a National Historic District.

(8) The city of Lithonia has 2 structures listed on the

National Register of Historic Places.

(b) PURPOSES.—The purposes of this subtitle are as follows:

(1) To recognize, preserve, promote, interpret, and make

available for the benefit of the public the natural, cultural,

Arabia Mountain

National

Heritage Area

Act.

Georgia.

16 USC 461 note.

120 STAT. 1796 PUBLIC LAW 109–338—OCT. 12, 2006

historical, scenic, and recreational resources in the area that

includes Arabia Mountain, Panola Mountain, Miners Creek,

and other significant sites and communities.

(2) To assist the State of Georgia and the counties of

DeKalb, Rockdale, and Henry in the State in developing and

implementing an integrated cultural, historical, and land

resource management program to protect, enhance, and interpret the significant resources within the heritage area.

SEC. 233. DEFINITIONS.

In this subtitle:

(1) HERITAGE AREA.—The term ‘‘heritage area’’ means the

Arabia Mountain National Heritage Area established by section

234(a).

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Arabia Mountain Heritage Area Alliance or a successor of the Arabia Mountain Heritage Area

Alliance.

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’

means the management plan for the heritage area developed

under section 236.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(5) STATE.—The term ‘‘State’’ means the State of Georgia.

SEC. 234. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

(a) ESTABLISHMENT.—There is established the Arabia Mountain

National Heritage Area in the State.

(b) BOUNDARIES.—The heritage area shall consist of certain

parcels of land in the counties of DeKalb, Rockdale, and Henry

in the State, as generally depicted on the map entitled ‘‘Arabia

Mountain National Heritage Area’’, numbered AMNHA–80,000, and

dated October 2003.

(c) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National

Park Service.

(d) LOCAL COORDINATING ENTITY.—The Arabia Mountain Heritage Area Alliance shall be the local coordinating entity for the

heritage area.

SEC. 235. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING

ENTITY.

(a) AUTHORITIES.—For purposes of developing and implementing the management plan, the local coordinating entity may—

(1) make grants to, and enter into cooperative agreements

with, the State, political subdivisions of the State, and private

organizations;

(2) hire and compensate staff; and

(3) enter into contracts for goods and services.

(b) DUTIES.—

(1) MANAGEMENT PLAN.— (A) IN GENERAL.—The local coordinating entity shall

develop and submit to the Secretary the management plan.

(B) CONSIDERATIONS.—In developing and implementing

the management plan, the local coordinating entity shall

consider the interests of diverse governmental, business,

and nonprofit groups within the heritage area.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1797

(2) PRIORITIES.—The local coordinating entity shall give

priority to implementing actions described in the management

plan, including the following:

(A) Assisting units of government and nonprofit

organizations in preserving resources within the heritage

area.

(B) Encouraging local governments to adopt land use

policies consistent with the management of the heritage

area and the goals of the management plan.

(3) PUBLIC MEETINGS.—The local coordinating entity shall

conduct public meetings at least quarterly on the implementation of the management plan.

(4) ANNUAL REPORT.—For any year in which Federal funds

have been made available under this title, the local coordinating

entity shall submit to the Secretary an annual report that

describes the following:

(A) The accomplishments of the local coordinating

entity.

(B) The expenses and income of the local coordinating

entity.

(5) AUDIT.—The local coordinating entity shall—

(A) make available to the Secretary for audit all records

relating to the expenditure of Federal funds and any

matching funds; and

(B) require, with respect to all agreements authorizing

expenditure of Federal funds by other organizations, that

the receiving organizations make available to the Secretary

for audit all records concerning the expenditure of those

funds.

(c) USE OF FEDERAL FUNDS.—

(1) IN GENERAL.—The local coordinating entity shall not

use Federal funds made available under this title to acquire

real property or an interest in real property.

(2) OTHER SOURCES.—Nothing in this title precludes the

local coordinating entity from using Federal funds made available under other Federal laws for any purpose for which the

funds are authorized to be used.

SEC. 236. MANAGEMENT PLAN.

(a) IN GENERAL.—The local coordinating entity shall develop

a management plan for the heritage area that incorporates an

integrated and cooperative approach to protect, interpret, and

enhance the natural, cultural, historical, scenic, and recreational

resources of the heritage area.

(b) BASIS.—The management plan shall be based on the preferred concept in the document entitled ‘‘Arabia Mountain National

Heritage Area Feasibility Study’’, dated February 28, 2001.

(c) CONSIDERATION OF OTHER PLANS AND ACTIONS.—The

management plan shall—

(1) take into consideration State and local plans; and

(2) involve residents, public agencies, and private organizations in the heritage area.

(d) REQUIREMENTS.—The management plan shall include the

following:

(1) An inventory of the resources in the heritage area,

including—

(A) a list of property in the heritage area that—

Records.

120 STAT. 1798 PUBLIC LAW 109–338—OCT. 12, 2006

(i) relates to the purposes of the heritage area;

and

(ii) should be preserved, restored, managed, or

maintained because of the significance of the property;

and

(B) an assessment of cultural landscapes within the

heritage area.

(2) Provisions for the protection, interpretation, and enjoyment of the resources of the heritage area consistent with

the purposes of this subtitle.

(3) An interpretation plan for the heritage area.

(4) A program for implementation of the management plan

that includes—

(A) actions to be carried out by units of government,

private organizations, and public-private partnerships to

protect the resources of the heritage area; and

(B) the identification of existing and potential sources

of funding for implementing the plan.

(5) A description and evaluation of the local coordinating

entity, including the membership and organizational structure

of the local coordinating entity.

(e) SUBMISSION TO SECRETARY FOR APPROVAL.—

(1) IN GENERAL.—Not later than 3 years after the date

on which funds are made available to carry out this subtitle,

the local coordinating entity shall submit the management

plan to the Secretary for approval.

(2) EFFECT OF FAILURE TO SUBMIT.—If a management plan

is not submitted to the Secretary by the date specified in

paragraph (1), the Secretary shall not provide any additional

funding under this subtitle until such date as a management

plan for the heritage area is submitted to the Secretary.

(f) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLAN.—

(1) IN GENERAL.—Not later than 90 days after receiving

the management plan submitted under subsection (e), the Secretary, in consultation with the State, shall approve or disapprove the management plan.

(2) ACTION FOLLOWING DISAPPROVAL.—

(A) REVISION.—If the Secretary disapproves a management plan submitted under paragraph (1), the Secretary

shall—

(i) advise the local coordinating entity in writing

of the reasons for the disapproval;

(ii) make recommendations for revisions to the

management plan; and

(iii) allow the local coordinating entity to submit

to the Secretary revisions to the management plan.

(B) DEADLINE FOR APPROVAL OF REVISION.—Not later

than 90 days after the date on which a revision is submitted

under subparagraph (A)(iii), the Secretary shall approve

or disapprove the revision.

(g) REVISION OF MANAGEMENT PLAN.—

(1) IN GENERAL.—After approval by the Secretary of a

management plan, the local coordinating entity shall

periodically—

(A) review the management plan; and

Deadline.

Deadline.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1799

(B) submit to the Secretary, for review and approval

by the Secretary, the recommendations of the local coordinating entity for any revisions to the management plan

that the local coordinating entity considers to be appropriate.

(2) EXPENDITURE OF FUNDS.—No funds made available

under this subtitle shall be used to implement any revision

proposed by the local coordinating entity under paragraph (1)(B)

until the Secretary approves the revision.

SEC. 237. TECHNICAL AND FINANCIAL ASSISTANCE.

(a) IN GENERAL.—At the request of the local coordinating entity,

the Secretary may provide technical and financial assistance to

the heritage area to develop and implement the management plan.

(b) PRIORITY.—In providing assistance under subsection (a),

the Secretary shall give priority to actions that facilitate—

(1) the conservation of the significant natural, cultural,

historical, scenic, and recreational resources that support the

purposes of the heritage area; and

(2) the provision of educational, interpretive, and recreational opportunities that are consistent with the resources

and associated values of the heritage area.

SEC. 238. EFFECT ON CERTAIN AUTHORITY.

(a) OCCUPATIONAL, SAFETY, CONSERVATION, AND ENVIRONMENTAL REGULATION.—Nothing in this subtitle—

(1) imposes an occupational, safety, conservation, or

environmental regulation on the heritage area that is more

stringent than the regulations that would be applicable to

the land described in section 234(b) but for the establishment

of the heritage area by section 234(a); or

(2) authorizes a Federal agency to promulgate an occupational, safety, conservation, or environmental regulation for

the heritage area that is more stringent than the regulations

applicable to the land described in section 234(b) as of the

date of enactment of this Act, solely as a result of the establishment of the heritage area by section 234(a).

(b) LAND USE REGULATION.—Nothing in this subtitle—

(1) modifies, enlarges, or diminishes any authority of the

Federal Government or a State or local government to regulate

any use of land as provided for by law (including regulations)

in existence on the date of enactment of this Act; or

(2) grants powers of zoning or land use to the local coordinating entity.

SEC. 239. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated to

carry out this subtitle $10,000,000, to remain available until

expended, of which not more than $1,000,000 may be authorized

to be appropriated for any fiscal year.

(b) FEDERAL SHARE.—The Federal share of the cost of any

project or activity carried out using funds made available under

this subtitle shall not exceed 50 percent.

SEC. 240. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under

this subsubtitle terminates on the date that is 15 years after the

date of enactment of this Act.

Recommendations.

120 STAT. 1800 PUBLIC LAW 109–338—OCT. 12, 2006

SEC. 241. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

(a) NOTIFICATION AND CONSENT OF PROPERTY OWNERS

REQUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage

Area until the owner of that private property has been notified

in writing by the management entity and has given written consent

for such preservation, conservation, or promotion to the management entity.

(b) LANDOWNER WITHDRAW.—Any owner of private property

included within the boundary of the Heritage Area shall have

their property immediately removed from the boundary by submitting a written request to the management entity.

SEC. 242. PRIVATE PROPERTY PROTECTION.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle

shall be construed to—

(1) require any private property owner to allow public

access (including Federal, State, or local government access)

to such private property; or

(2) modify any provision of Federal, State, or local law

with regard to public access to or use of private property.

(b) LIABILITY.—Designation of the Heritage Area shall not be

considered to create any liability, or to have any effect on any

liability under any other law, of any private property owner with

respect to any persons injured on such private property.

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—

Nothing in this subtitle shall be construed to modify the authority

of Federal, State, or local governments to regulate land use.

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE

AREA.—Nothing in this subtitle shall be construed to require the

owner of any private property located within the boundaries of

the Heritage Area to participate in or be associated with the Heritage Area.

(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for

the Heritage Area represent the area within which Federal funds

appropriated for the purpose of this subtitle may be expended.

The establishment of the Heritage Area and its boundaries shall

not be construed to provide any nonexisting regulatory authority

on land use within the Heritage Area or its viewshed by the Secretary, the National Park Service, or the management entity.

Subtitle D—Mormon Pioneer National

Heritage Area

SEC. 251. SHORT TITLE.

This subtitle may be cited as the ‘‘Mormon Pioneer National

Heritage Area Act’’.

SEC. 252. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds that—

(1) the historical, cultural, and natural heritage legacies

of Mormon colonization and settlement are nationally significant;

(2) in the area starting along the Highway 89 corridor

at the Arizona border, passing through Kane, Garfield, Piute,

Sevier, Wayne, and Sanpete Counties in the State of Utah,

Mormon Pioneer

National

Heritage Area

Act.

Utah.

16 USC 461 note.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1801

and terminating in Fairview, Utah, there are a variety of

heritage resources that demonstrate—

(A) the colonization of the western United States; and

(B) the expansion of the United States as a major

world power;

(3) the great relocation to the western United States was

facilitated by—

(A) the 1,400-mile trek from Illinois to the Great Salt

Lake by the Mormon pioneers; and

(B) the subsequent colonization effort in Nevada, Utah,

the southeast corner of Idaho, the southwest corner of

Wyoming, large areas of southeastern Oregon, much of

southern California, and areas along the eastern border

of California;

(4) the 250-mile Highway 89 corridor from Kanab to Fairview, Utah, contains some of the best features of the Mormon

colonization experience in the United States;

(5) the landscape, architecture, traditions, beliefs, folk life,

products, and events along Highway 89 convey the heritage

of the pioneer settlement;

(6) the Boulder Loop, Capitol Reef National Park, Zion

National Park, Bryce Canyon National Park, and the Highway

89 area convey the compelling story of how early settlers—

(A) interacted with Native Americans; and

(B) established towns and cities in a harsh, yet spectacular, natural environment;

(7) the colonization and settlement of the Mormon settlers

opened up vast amounts of natural resources, including coal,

uranium, silver, gold, and copper;

(8) the Mormon colonization played a significant role in

the history and progress of the development and settlement

of the western United States; and

(9) the artisans, crafters, innkeepers, outfitters, farmers,

ranchers, loggers, miners, historic landscape, customs, national

parks, and architecture in the Heritage Area make the Heritage

Area unique.

(b) PURPOSE.—The purpose of this subtitle is to establish the

Heritage Area to—

(1) foster a close working relationship with all levels of

government, the private sector, residents, business interests,

and local communities in the State;

(2) empower communities in the State to conserve, preserve, and enhance the heritage of the communities while

strengthening future economic opportunities;

(3) conserve, interpret, and develop the historical, cultural,

natural, and recreational resources within the Heritage Area;

and

(4) expand, foster, and develop heritage businesses and

products relating to the cultural heritage of the Heritage Area.

SEC. 253. DEFINITIONS.

In this subtitle:

(1) ALLIANCE.—The term ‘‘Alliance’’ means the Utah Heritage Highway 89 Alliance.

(2) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the

Mormon Pioneer National Heritage Area established by section

254(a).

120 STAT. 1802 PUBLIC LAW 109–338—OCT. 12, 2006

(3) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local coordinating entity for the Heritage Area designated by section 255(a).

(4) MANAGEMENT PLAN.—The term ‘‘management plan’’

means the plan developed by the local coordinating entity under

section 256(a).

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(6) STATE.—The term ‘‘State’’ means the State of Utah.

SEC. 254. MORMON PIONEER NATIONAL HERITAGE AREA.

(a) ESTABLISHMENT.—There is established the Mormon Pioneer

National Heritage Area.

(b) BOUNDARIES.— (1) IN GENERAL.—The boundaries of the Heritage Area

shall include areas in the State—

(A) that are related to the corridors—

(i) from the Arizona border northward through

Kanab, Utah, and to the intersection of Highway 89

and Highway 12, including Highway 12 and Highway

24 as those highways loop off Highway 89 and rejoin

Highway 89 at Sigurd;

(ii) from Highway 89 at the intersection of Highway 12 through Panguitch, Junction, Marysvale, and

Sevier County to Sigurd;

(iii) continuing northward along Highway 89

through Axtell and Sterling, Sanpete County, to Fairview, Sanpete County, at the junction with Utah Highway 31; and

(iv) continuing northward along Highway 89

through Fairview and Thistle Junction, to the junction

with Highway 6; and

(B) including the following communities: Kanab, Mt.

Carmel, Orderville, Glendale, Alton, Cannonville, Tropic,

Henrieville, Escalante, Boulder, Teasdale, Fruita,

Hanksville, Torrey, Bicknell, Loa, Hatch, Panquitch,

Circleville, Antimony, Junction, Marysvale, Koosharem,

Sevier, Joseph, Monroe, Elsinore, Richfield, Glenwood,

Sigurd, Aurora, Salina, Mayfield, Sterling, Gunnison, Fayette, Manti, Ephraim, Spring City, Mt. Pleasant, Moroni,

Fountain Green, and Fairview.

(2) MAP.—The Secretary shall prepare a map of the Heritage Area, which shall be on file and available for public inspection in the office of the Director of the National Park Service.

(3) NOTICE TO LOCAL GOVERNMENTS.—The local coordinating entity shall provide to the government of each city,

town, and county that has jurisdiction over property proposed

to be included in the Heritage Area written notice of the proposed inclusion.

(c) ADMINISTRATION.—The Heritage Area shall be administered

in accordance with this subtitle.

SEC. 255. DESIGNATION OF ALLIANCE AS LOCAL COORDINATING

ENTITY.

(a) IN GENERAL.—The Board of Directors of the Alliance shall

be the local coordinating entity for the Heritage Area.

(b) FEDERAL FUNDING.—

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1803

(1) AUTHORIZATION TO RECEIVE FUNDS.—The local coordinating entity may receive amounts made available to carry

out this subtitle.

(2) DISQUALIFICATION.—If a management plan is not submitted to the Secretary as required under section 256 within

the time period specified in that section, the local coordinating

entity may not receive Federal funding under this subtitle

until a management plan is submitted to the Secretary.

(c) USE OF FEDERAL FUNDS.—The local coordinating entity may,

for the purposes of developing and implementing the management

plan, use Federal funds made available under this subtitle—

(1) to make grants to the State, political subdivisions of

the State, nonprofit organizations, and other persons;

(2) to enter into cooperative agreements with or provide

technical assistance to the State, political subdivisions of the

State, nonprofit organizations, and other organizations;

(3) to hire and compensate staff;

(4) to obtain funds from any source under any program

or law requiring the recipient of funds to make a contribution

in order to receive the funds; and

(5) to contract for goods and services.

(d) PROHIBITION OF ACQUISITION OF REAL PROPERTY.—The local

coordinating entity shall not use Federal funds received under

this subtitle to acquire real property or any interest in real property.

SEC. 256. MANAGEMENT OF THE HERITAGE AREA.

(a) HERITAGE AREA MANAGEMENT PLAN.—

(1) DEVELOPMENT AND SUBMISSION FOR REVIEW.—Not later

than 3 years after the date on which funds are made available

to carry out the subtitle, the local coordinating entity, with

public participation, shall develop and submit for review to

the Secretary a management plan for the Heritage Area.

(2) CONTENTS.—The management plan shall—

(A) present comprehensive recommendations for the

conservation, funding, management, and development of

the Heritage Area;

(B) take into consideration Federal, State, county, and

local plans;

(C) involve residents, public agencies, and private

organizations in the Heritage Area;

(D) include a description of actions that units of government and private organizations are recommended to take

to protect the resources of the Heritage Area;

(E) specify existing and potential sources of Federal

and non-Federal funding for the conservation, management, and development of the Heritage Area; and

(F) include—

(i) an inventory of resources in the Heritage Area

that—

(I) includes a list of property in the Heritage

Area that should be conserved, restored, managed,

developed, or maintained because of the historical,

cultural, or natural significance of the property

as the property relates to the themes of the Heritage Area; and

Records.

Recommendations.

Deadline.

120 STAT. 1804 PUBLIC LAW 109–338—OCT. 12, 2006

(II) does not include any property that is privately owned unless the owner of the property

consents in writing to the inclusion;

(ii) a recommendation of policies for resource

management that consider the application of appropriate land and water management techniques,

including policies for the development of intergovernmental cooperative agreements to manage the historical, cultural, and natural resources and recreational

opportunities of the Heritage Area in a manner that

is consistent with the support of appropriate and

compatible economic viability;

(iii) a program for implementation of the management plan, including plans for restoration and

construction;

(iv) a description of any commitments that have

been made by persons interested in management of

the Heritage Area;

(v) an analysis of means by which Federal, State,

and local programs may best be coordinated to promote

the purposes of this subtitle; and

(vi) an interpretive plan for the Heritage Area.

(3) APPROVAL OR DISAPPROVAL OF THE MANAGEMENT PLAN.—

(A) IN GENERAL.—Not later than 180 days after submission of the management plan by the local coordinating

entity, the Secretary shall approve or disapprove the

management plan.

(B) DISAPPROVAL AND REVISIONS.—

(i) IN GENERAL.—If the Secretary disapproves the

management plan, the Secretary shall—

(I) advise the local coordinating entity, in

writing, of the reasons for the disapproval; and

(II) make recommendations for revision of the

management plan.

(ii) APPROVAL OR DISAPPROVAL.—The Secretary

shall approve or disapprove proposed revisions to the

management plan not later than 60 days after receipt

of the revisions from the local coordinating entity.

(b) PRIORITIES.—The local coordinating entity shall give priority

to the implementation of actions, goals, and policies set forth in

the management plan, including—

(1) assisting units of government, regional planning

organizations, and nonprofit organizations in—

(A) conserving the historical, cultural, and natural

resources of the Heritage Area;

(B) establishing and maintaining interpretive exhibits

in the Heritage Area;

(C) developing recreational opportunities in the Heritage Area;

(D) increasing public awareness of and appreciation

for the historical, cultural, and natural resources of the

Heritage Area;

(E) restoring historic buildings that are—

(i) located within the boundaries of the Heritage

Area; and

(ii) related to the theme of the Heritage Area;

and

Deadline.

Recommendations.

Deadline.

Recommendations.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1805

(F) ensuring that clear, consistent, and environmentally appropriate signs identifying access points and

sites of interest are put in place throughout the Heritage

Area; and

(2) consistent with the goals of the management plan,

encouraging economic viability in the affected communities by

appropriate means, including encouraging and soliciting the

development of heritage products.

(c) CONSIDERATION OF INTERESTS OF LOCAL GROUPS.—In developing and implementing the management plan, the local coordinating entity shall consider the interests of diverse units of government, businesses, private property owners, and nonprofit organizations in the Heritage Area.

(d) PUBLIC MEETINGS.—The local coordinating entity shall conduct public meetings at least annually regarding the implementation of the management plan.

(e) ANNUAL REPORTS.—For any fiscal year in which the local

coordinating entity receives Federal funds under this subtitle, the

local coordinating entity shall submit to the Secretary an annual

report that describes—

(1) the accomplishments of the local coordinating entity;

(2) the expenses and income of the local coordinating entity;

and

(3) the entities to which the local coordinating entity made

any grants during the year for which the report is made.

(f) COOPERATION WITH AUDITS.—For any fiscal year in which

the local coordinating entity receives Federal funds under this

subtitle, the local coordinating entity shall—

(1) make available for audit by Congress, the Secretary,

and appropriate units of government all records and other

information relating to the expenditure of the Federal funds

and any matching funds; and

(2) require, with respect to all agreements authorizing

expenditure of the Federal funds by other organizations, that

the receiving organizations make available for audit all records

and other information relating to the expenditure of the Federal

funds.

(g) DELEGATION.—

(1) IN GENERAL.—The local coordinating entity may delegate the responsibilities and actions under this subtitle for

each area identified in section 254(b)(1).

(2) REVIEW.—All delegated responsibilities and actions are

subject to review and approval by the local coordinating entity.

SEC. 257. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

(a) TECHNICAL ASSISTANCE AND GRANTS.—

(1) IN GENERAL.—The Secretary may provide technical

assistance and, subject to the availability of appropriations,

grants to—

(A) units of government, nonprofit organizations, and

other persons, at the request of the local coordinating

entity; and

(B) the local coordinating entity, for use in developing

and implementing the management plan.

(2) PROHIBITION OF CERTAIN REQUIREMENTS.—The Secretary may not, as a condition of the award of technical assistance or grants under this subtitle, require any recipient of

120 STAT. 1806 PUBLIC LAW 109–338—OCT. 12, 2006

the technical assistance or a grant to enact or modify any

land use restriction.

(3) DETERMINATIONS REGARDING ASSISTANCE.—The Secretary shall determine whether a unit of government, nonprofit

organization, or other person shall be awarded technical assistance or grants and the amount of technical assistance—

(A) based on the extent to which the assistance—

(i) fulfills the objectives of the management plan;

and

(ii) achieves the purposes of this subtitle; and

(B) after giving special consideration to projects that

provide a greater leverage of Federal funds.

(b) PROVISION OF INFORMATION.—In cooperation with other Federal agencies, the Secretary shall provide the public with information concerning the location and character of the Heritage Area.

(c) OTHER ASSISTANCE.—The Secretary may enter into cooperative agreements with public and private organizations for the purposes of implementing this subtitle.

(d) DUTIES OF OTHER FEDERAL AGENCIES.—A Federal entity

conducting any activity directly affecting the Heritage Area shall—

(1) consider the potential effect of the activity on the

management plan; and

(2) consult with the local coordinating entity with respect

to the activity to minimize the adverse effects of the activity

on the Heritage Area.

SEC. 258A. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

(a) NOTIFICATION AND CONSENT OF PROPERTY OWNERS

REQUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage

Area until the owner of that private property has been notified

in writing by the management entity and has given written consent

for such preservation, conservation, or promotion to the management entity.

(b) LANDOWNER WITHDRAW.—Any owner of private property

included within the boundary of the Heritage Area shall have

their property immediately removed from the boundary by submitting a written request to the management entity.

SEC. 258B. PRIVATE PROPERTY PROTECTION.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this title shall

be construed to—

(1) require any private property owner to allow public

access (including Federal, State, or local government access)

to such private property; or

(2) modify any provision of Federal, State, or local law

with regard to public access to or use of private property.

(b) LIABILITY.—Designation of the Heritage Area shall not be

considered to create any liability, or to have any effect on any

liability under any other law, of any private property owner with

respect to any persons injured on such private property.

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.— Nothing in this title shall be construed to modify the authority

of Federal, State, or local governments to regulate land use.

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE

AREA.—Nothing in this title shall be construed to require the owner

of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area.

Public

information.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1807

(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for

the Heritage Area represent the area within which Federal funds

appropriated for the purpose of this title may be expended. The

establishment of the Heritage Area and its boundaries shall not

be construed to provide any nonexisting regulatory authority on

land use within the Heritage Area or its viewshed by the Secretary,

the National Park Service, or the management entity.

SEC. 259. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated to carry out this subtitle $10,000,000, to remain available until

expended, of which not more than $1,000,000 may be authorized

to be appropriated for any fiscal year.

(b) FEDERAL SHARE.—The Federal share of the cost of any

activity carried out using funds made available under this subtitle

shall not exceed 50 percent.

SEC. 260. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under

this subtitle terminates on the date that is 15 years after the

date of enactment of this Act.

Subtitle E—Freedom’s Frontier National

Heritage Area

SEC. 261. SHORT TITLE.

This subtitle may be cited as the ‘‘Freedom’s Frontier National

Heritage Area Act’’.

SEC. 262. PURPOSE.

The purpose of this subtitle is to use preservation, conservation,

education, interpretation, and recreation in eastern Kansas and

Western Missouri in heritage development and sustainability of

the American story recognized by the American people.

SEC. 263. DEFINITIONS.

In this subtitle:

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the

Freedom’s Frontier National Heritage Area in eastern Kansas

and western Missouri.

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means Territorial Kansas Heritage Alliance, recognized by the Secretary, in consultation with the Governors

of the States, that agrees to perform the duties of a local

coordinating entity under this subtitle, so long as that Alliance

is composed of not less than 25 percent residents of Missouri.

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’

means the management plan for the Heritage Area developed

under section 264(e).

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(5) STATE.—The term ‘‘State’’ means each of the States

of Kansas and Missouri.

(6) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local

government’’ means the government of a State, a political subdivision of a State, or an Indian tribe.

Freedom’s

Frontier National

Heritage Area

Act.

Kansas.

Missouri.

16 USC 461 note.

120 STAT. 1808 PUBLIC LAW 109–338—OCT. 12, 2006

SEC. 264. FREEDOM’S FRONTIER NATIONAL HERITAGE AREA.

(a) ESTABLISHMENT.—There is established in the States the

Freedom’s Frontier National Heritage Area.

(b) BOUNDARIES.—The Heritage Area may include the following:

(1) An area located in eastern Kansas and western Missouri, consisting of—

(A) Allen, Anderson, Atchison, Bourbon, Chautauqua,

Cherokee, Clay, Coffey, Crawford, Douglas, Franklin,

Geary, Jackson, Johnson, Labette, Leavenworth, Linn,

Miami, Neosho, Pottawatomie, Riley, Shawnee, Wabaunsee,

Wilson, Woodson, Jefferson, Montgomery, Osage, and

Wyandotte Counties in Kansas; and

(B) Buchanan, Platte, Clay, Ray, Lafayette, Jackson,

Cass, Johnson, Bates, Vernon, Barton, and St. Clair Counties in Missouri.

(2) Contributing sites, buildings, and districts within the

area that are recommended by the management plan.

(c) MAP.—The final boundary of the Heritage Area within the

counties identified in subsection (b)(1) shall be specified in the

management plan. A map of the Heritage Area shall be included

in the management plan. The map shall be on file in the appropriate

offices of the National Park Service, Department of the Interior.

(d) LOCAL COORDINATING ENTITY.—

(1) IN GENERAL.—The local coordinating entity for the

Heritage Area shall be Territorial Kansas Heritage Alliance,

a nonprofit organization established in the State of Kansas,

recognized by the Secretary, in consultation with the Governors

of the States, so long as that Alliance is composed of not

less than 25 percent residents of Missouri and agrees to perform

the duties of the local coordinating entity under this subtitle.

(2) AUTHORITIES.—For purposes of developing and implementing the management plan, the local coordinating entity

may—

(A) make grants to, and enter into cooperative agreements with, the States, political subdivisions of the States,

and private organizations;

(B) hire and compensate staff; and

(C) enter into contracts for goods and services.

(e) MANAGEMENT PLAN.—

(1) IN GENERAL.—Not later than 3 years after the date

on which funds are made available to carry out this subtitle,

the local coordinating entity shall develop and submit to the

Secretary a management plan reviewed by participating units

of local government within the boundaries of the proposed

Heritage Area.

(2) CONTENTS.—The management plan shall—

(A) present a comprehensive program for the conservation, interpretation, funding, management, and development of the Heritage Area, in a manner consistent with

the existing local, State, and Federal land use laws and

compatible economic viability of the Heritage Area;

(B) establish criteria or standards to measure what

is selected for conservation, interpretation, funding,

management, and development;

(C) involve residents, public agencies, and private

organizations working in the Heritage Area;

Standards.

Deadline.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1809

(D) specify and coordinate, as of the date of the

management plan, existing and potential sources of technical and financial assistance under this and other Federal

laws to protect, manage, and develop the Heritage Area;

and

(E) include—

(i) actions to be undertaken by units of government

and private organizations to protect, conserve, and

interpret the resources of the Heritage Area;

(ii) an inventory of the resources contained in the

Heritage Area, including a list of any property in the

Heritage Area that is related to the themes of the

Heritage Area and that meets the establishing criteria

(such as, but not exclusive to, visitor readiness) to

merit preservation, restoration, management, development, or maintenance because of its natural, cultural,

historical, or recreational significance;

(iii) policies for resource management including

the development of intergovernmental cooperative

agreements, private sector agreements, or any combination thereof, to protect the historical, cultural, recreational, and natural resources of the Heritage Area

in a manner consistent with supporting appropriate

and compatible economic viability;

(iv) a program for implementation of the management plan by the designated local coordinating entity,

in cooperation with its partners and units of local

government;

(v) evidence that relevant State, county, and local

plans applicable to the Heritage Area have been taken

into consideration;

(vi) an analysis of ways in which local, State, and

Federal programs may best be coordinated to promote

the purposes of this subtitle; and

(vii) a business plan that—

(I) describes in detail the role, operation,

financing, and functions of the local coordinating

entity for each activity included in the recommendations contained in the management plan;

and

(II) provides, to the satisfaction of the Secretary, adequate assurances that the local coordinating entity is likely to have the financial

resources necessary to implement the management

plan for the Heritage Area, including resources

to meet matching requirement for grants awarded

under this subtitle.

(3) CONSIDERATIONS.—In developing and implementing the

management plan, the local coordinating entity shall consider

the interests of diverse governmental, business, and nonprofit

groups within the Heritage Area.

(4) DISQUALIFICATION FROM FUNDING.—If a proposed

management plan is not submitted to the Secretary within

3 years after the date on which funds are made available

to carry out this subtitle, the local coordinating entity shall

be ineligible to receive additional funding under this subtitle

Deadline.

Records.

120 STAT. 1810 PUBLIC LAW 109–338—OCT. 12, 2006

until the date on which the Secretary receives the proposed

management plan.

(5) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLAN.—

The Secretary shall approve or disapprove the proposed

management plan submitted under this subtitle not later than

90 days after receiving such proposed management plan.

(6) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves a proposed management plan, the Secretary shall

advise the local coordinating entity in writing of the reasons

for the disapproval and shall make recommendations for revisions to the proposed management plan. The Secretary shall

approve or disapprove a proposed revision within 90 days after

the date it is submitted.

(7) APPROVAL OF AMENDMENTS.—The Secretary shall review

and approve substantial amendments to the management plan.

Funds appropriated under this subtitle may not be expended

to implement any changes made by such amendment until

the Secretary approves the amendment.

(8) IMPLEMENTATION.—

(A) PRIORITIES.—The local coordinating entity shall

give priority to implementing actions described in the

management plan, including—

(i) assisting units of government and nonprofit

organizations in preserving resources within the Heritage Area; and

(ii) encouraging local governments to adopt land

use policies consistent with the management of the

Heritage Area and the goals of the management plan.

(B) PUBLIC MEETINGS.—The local coordinating entity

shall conduct public meetings at least quarterly on the

implementation of the management plan. Not less than

25 percent of the public meetings shall be conducted in

Missouri.

(f) PUBLIC NOTICE.—The local coordinating entity shall place

a notice of each of its public meetings in a newspaper of general

circulation in the Heritage Area and shall make the minutes of

the meeting available to the public.

(g) ANNUAL REPORT.—For any year in which Federal funds

have been made available under this subtitle, the local coordinating

entity shall submit to the Secretary an annual report that

describes—

(1) the accomplishments of the local coordinating entity;

and

(2) the expenses and income of the local coordinating entity.

(h) AUDIT.—The local coordinating entity shall—

(1) make available to the Secretary for audit all records

relating to the expenditure of Federal funds and any matching

funds; and

(2) require, with respect to all agreements authorizing

expenditure of Federal funds by other organizations, that the

receiving organizations make available to the Secretary for

audit all records concerning the expenditure of the Federal

funds and any matching funds.

(i) USE OF FEDERAL FUNDS.—

(1) IN GENERAL.—No Federal funds made available under

this subtitle may be used to acquire real property or an interest

in real property.

Recommendations.

Deadline.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1811

(2) OTHER SOURCES.—Nothing in this subtitle precludes

the local coordinating entity from using Federal funds made

available under other Federal laws for any purpose for which

the funds are authorized to be used.

SEC. 265. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL

AGENCIES.

(a) TECHNICAL AND FINANCIAL ASSISTANCE.— (1) IN GENERAL.—On the request of the local coordinating

entity, the Secretary may provide technical and financial assistance for the development and implementation of the management plan.

(2) PRIORITY FOR ASSISTANCE.—In providing assistance

under paragraph (1), the Secretary shall give priority to actions

that assist in—

(A) conserving the significant cultural, historic, and

natural resources of the Heritage Area; and

(B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the

Heritage Area.

(3) SPENDING FOR NON-FEDERAL PROPERTY.—The local

coordinating entity may expend Federal funds made available

under this subtitle on non-Federal property that—

(A) meets the criteria in the approved management

plan; or

(B) is listed or eligible for listing on the National

Register of Historic Places.

(4) OTHER ASSISTANCE.—The Secretary may enter into

cooperative agreements with public and private organizations

to carry out this subsection.

(b) OTHER FEDERAL AGENCIES.—Any Federal entity conducting

or supporting an activity that directly affects the Heritage Area

shall—

(1) consider the potential effect of the activity on the purposes of the Heritage Area and the management plan;

(2) consult with the local coordinating entity regarding

the activity; and

(3) to the maximum extent practicable, conduct or support

the activity to avoid adverse effects on the Heritage Area.

(c) OTHER ASSISTANCE NOT AFFECTED.—This subtitle does not

affect the authority of any Federal official to provide technical

or financial assistance under any other law.

(d) NOTIFICATION OF OTHER FEDERAL ACTIVITIES.—The head

of each Federal agency shall provide to the Secretary and the

local coordinating entity, to the extent practicable, advance notice

of all activities that may have an impact on the Heritage Area.

SEC. 266. PRIVATE PROPERTY PROTECTION.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle

shall be construed to require any private property owner to permit

public access (including Federal, State, or local government access)

to such private property. Nothing in this subtitle shall be construed

to modify any provision of Federal, State, or local law with regard

to public access to or use of private lands.

(b) LIABILITY.—Designation of the Heritage Area shall not be

considered to create any liability, or to have any effect on any

liability under any other law, of any private property owner with

respect to any persons injured on such private property.

120 STAT. 1812 PUBLIC LAW 109–338—OCT. 12, 2006

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—

Nothing in this subtitle shall be construed to modify any authority

of Federal, State, or local governments to regulate land use.

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE

AREAS.—Nothing in this subtitle shall be construed to require the

owner of any private property located within the boundaries of

the Heritage Area to participate in or be associated with the Heritage Area.

(e) LAND USE REGULATION.—

(1) IN GENERAL.—The local coordinating entity shall provide

assistance and encouragement to State and local governments,

private organizations, and persons to protect and promote the

resources and values of the Heritage Area.

(2) EFFECT.—Nothing in this subtitle—

(A) affects the authority of the State or local governments to regulate under law any use of land; or

(B) grants any power of zoning or land use to the

local coordinating entity.

(f) PRIVATE PROPERTY.—

(1) IN GENERAL.—The local coordinating entity shall be

an advocate for land management practices consistent with

the purposes of the Heritage Area.

(2) EFFECT.—Nothing in this subtitle—

(A) abridges the rights of any person with regard to

private property;

(B) affects the authority of the State or local government regarding private property; or

(C) imposes any additional burden on any property

owner.

(g) REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.—

(1) NOTIFICATION AND CONSENT OF PROPERTY OWNERS

REQUIRED.—No privately owned property shall be preserved,

conserved, or promoted by the management plan for the Heritage Area until the owner of that private property has been

notified in writing by the management entity and has given

written consent for such preservation, conservation, or promotion to the management entity.

(2) LANDOWNER WITHDRAWAL.—Any owner of private property included within the boundary of the Heritage Area shall

have their property immediately removed from the boundary

by submitting a written request to the management entity.

SEC. 267. SAVINGS PROVISIONS.

(a) RULES, REGULATIONS, STANDARDS, AND PERMIT PROCESSES.—Nothing in this subtitle shall be construed to impose any

environmental, occupational, safety, or other rule, regulation,

standard, or permit process in the Heritage Area that is different

from those that would be applicable if the Heritage Area had

not been established.

(b) WATER AND WATER RIGHTS.—Nothing in this subtitle shall

be construed to authorize or imply the reservation or appropriation

of water or water rights.

(c) NO DIMINISHMENT OF STATE AUTHORITY.—Nothing in this

subtitle shall be construed to diminish the authority of the State

to manage fish and wildlife, including the regulation of fishing

and hunting within the Heritage Area.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1813

SEC. 268. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated to carry out this subtitle $10,000,000, to remain available until

expended, of which not more than $1,000,000 may be authorized

to be appropriated for any fiscal year.

(b) COST-SHARING REQUIREMENT.—The Federal share of the

total cost of any activity assisted under this subtitle shall be not

more than 50 percent.

SEC. 269. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under

this subtitle terminates on the date that is 15 years after the

date of enactment of this Act.

Subtitle F—Upper Housatonic Valley

National Heritage Area

SEC. 271. SHORT TITLE.

This subtitle may be cited as the ‘‘Upper Housatonic Valley

National Heritage Area Act’’.

SEC. 272. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds the following:

(1) The upper Housatonic Valley, encompassing 29 towns

in the hilly terrain of western Massachusetts and northwestern

Connecticut, is a singular geographical and cultural region

that has made significant national contributions through its

literary, artistic, musical, and architectural achievements, its

iron, paper, and electrical equipment industries, and its scenic

beautification and environmental conservation efforts.

(2) The upper Housatonic Valley has 139 properties and

historic districts listed on the National Register of Historic

Places, including—

(A) five National Historic Landmarks—

(i) Edith Wharton’s home, The Mount, Lenox,

Massachusetts;

(ii) Herman Melville’s home, Arrowhead, Pittsfield,

Massachusetts;

(iii) W.E.B. DuBois’ Boyhood Homesite, Great Barrington, Massachusetts;

(iv) Mission House, Stockbridge, Massachusetts;

and

(v) Crane and Company Old Stone Mill Rag Room,

Dalton, Massachusetts; and

(B) four National Natural Landmarks—

(i) Bartholomew’s Cobble, Sheffield, Massachusetts, and Salisbury, Connecticut;

(ii) Beckley Bog, Norfolk, Connecticut;

(iii) Bingham Bog, Salisbury, Connecticut; and

(iv) Cathedral Pines, Cornwall, Connecticut.

(3) Writers, artists, musicians, and vacationers have visited

the region for more than 150 years to enjoy its scenic wonders,

making it one of the country’s leading cultural resorts.

(4) The upper Housatonic Valley has made significant

national cultural contributions through such writers as Herman

Melville, Nathaniel Hawthorne, Edith Wharton, and W.E.B.

Upper

Housatonic

Valley National

Heritage Area

Act.

Connecticut.

Massachusetts.

16 USC 461 note.

120 STAT. 1814 PUBLIC LAW 109–338—OCT. 12, 2006

DuBois, artists Daniel Chester French and Norman Rockwell,

and the performing arts centers of Tanglewood, Music Mountain, Norfolk (Connecticut) Chamber Music Festival, Jacob’s

Pillow, and Shakespeare & Company.

(5) The upper Housatonic Valley is noted for its pioneering

achievements in the iron, paper, and electrical generation

industries and has cultural resources to interpret those industries.

(6) The region became a national leader in scenic beautification and environmental conservation efforts following the

era of industrialization and deforestation and maintains a fabric

of significant conservation areas including the meandering

Housatonic River.

(7) Important historical events related to the American

Revolution, Shays’ Rebellion, and early civil rights took place

in the upper Housatonic Valley.

(8) The region had an American Indian presence going

back 10,000 years and Mohicans had a formative role in contact

with Europeans during the seventeenth and eighteenth centuries.

(9) The Upper Housatonic Valley National Heritage Area

has been proposed in order to heighten appreciation of the

region, preserve its natural and historical resources, and

improve the quality of life and economy of the area.

(b) PURPOSES.—The purposes of this subtitle are as follows:

(1) To establish the Upper Housatonic Valley National

Heritage Area in the State of Connecticut and the Commonwealth of Massachusetts.

(2) To implement the national heritage area alternative

as described in the document entitled ‘‘Upper Housatonic Valley

National Heritage Area Feasibility Study, 2003’’.

(3) To provide a management framework to foster a close

working relationship with all levels of government, the private

sector, and the local communities in the upper Housatonic

Valley region to conserve the region’s heritage while continuing

to pursue compatible economic opportunities.

(4) To assist communities, organizations, and citizens in

the State of Connecticut and the Commonwealth of Massachusetts in identifying, preserving, interpreting, and developing

the historical, cultural, scenic, and natural resources of the

region for the educational and inspirational benefit of current

and future generations.

SEC. 273. DEFINITIONS.

In this subtitle:

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the

Upper Housatonic Valley National Heritage Area, established

in section 274.

(2) MANAGEMENT ENTITY.—The term ‘‘Management Entity’’

means the management entity for the Heritage Area designated

by section 274(d).

(3) MANAGEMENT PLAN.—The term ‘‘Management Plan’’

means the management plan for the Heritage Area specified

in section 276.

(4) MAP.—The term ‘‘map’’ means the map entitled

‘‘Boundary Map Upper Housatonic Valley National Heritage

Area’’, numbered P17/80,000, and dated February 2003.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1815

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(6) STATE.—The term ‘‘State’’ means the State of Connecticut and the Commonwealth of Massachusetts.

SEC. 274. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.

(a) ESTABLISHMENT.—There is established the Upper

Housatonic Valley National Heritage Area.

(b) BOUNDARIES.—The Heritage Area shall be comprised of—

(1) part of the Housatonic River’s watershed, which extends

60 miles from Lanesboro, Massachusetts to Kent, Connecticut;

(2) the towns of Canaan, Colebrook, Cornwall, Kent, Norfolk, North Canaan, Salisbury, Sharon, and Warren in Connecticut; and

(3) the towns of Alford, Becket, Dalton, Egremont, Great

Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey, Mount Washington, New Marlboro, Pittsfield, Richmond,

Sheffield, Stockbridge, Tyringham, Washington, and West

Stockbridge in Massachusetts.

(c) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National

Park Service, Department of the Interior.

(d) MANAGEMENT ENTITY.—The Upper Housatonic Valley

National Heritage Area, Inc. shall be the management entity for

the Heritage Area.

SEC. 275. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE MANAGEMENT ENTITY.

(a) DUTIES OF THE MANAGEMENT ENTITY.—To further the purposes of the Heritage Area, the management entity shall—

(1) prepare and submit a management plan for the Heritage

Area to the Secretary in accordance with section 276;

(2) assist units of local government, regional planning

organizations, and nonprofit organizations in implementing the

approved management plan by—

(A) carrying out programs and projects that recognize,

protect and enhance important resource values within the

Heritage Area;

(B) establishing and maintaining interpretive exhibits

and programs within the Heritage Area;

(C) developing recreational and educational opportunities in the Heritage Area;

(D) increasing public awareness of and appreciation

for natural, historical, scenic, and cultural resources of

the Heritage Area;

(E) protecting and restoring historic sites and buildings

in the Heritage Area that are consistent with heritage

area themes;

(F) ensuring that signs identifying points of public

access and sites of interest are posted throughout the Heritage Area; and

(G) promoting a wide range of partnerships among

governments, organizations and individuals to further the

purposes of the Heritage Area;

(3) consider the interests of diverse units of government,

businesses, organizations and individuals in the Heritage Area

in the preparation and implementation of the management

plan;

120 STAT. 1816 PUBLIC LAW 109–338—OCT. 12, 2006

(4) conduct meetings open to the public at least semiannually regarding the development and implementation of

the management plan;

(5) submit an annual report to the Secretary for any fiscal

year in which the management entity receives Federal funds

under this subtitle, setting forth its accomplishments, expenses,

and income, including grants to any other entities during the

year for which the report is made;

(6) make available for audit for any fiscal year in which

it receives Federal funds under this subtitle, all information

pertaining to the expenditure of such funds and any matching

funds, and require in all agreements authorizing expenditures

of Federal funds by other organizations, that the receiving

organizations make available for such audit all records and

other information pertaining to the expenditure of such funds;

and

(7) encourage by appropriate means economic development

that is consistent with the purposes of the Heritage Area.

(b) AUTHORITIES.—The management entity may, for the purposes of preparing and implementing the management plan for

the Heritage Area, use Federal funds made available through this

subtitle to—

(1) make grants to the State of Connecticut and the

Commonwealth of Massachusetts, their political subdivisions,

nonprofit organizations and other persons;

(2) enter into cooperative agreements with or provide technical assistance to the State of Connecticut and the Commonwealth of Massachusetts, their subdivisions, nonprofit organizations, and other interested parties;

(3) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources

protection, and heritage programming;

(4) obtain money or services from any source including

any that are provided under any other Federal law or program;

(5) contract for goods or services; and

(6) undertake to be a catalyst for any other activity that

furthers the purposes of the Heritage Area and is consistent

with the approved management plan.

(c) PROHIBITIONS ON THE ACQUISITION OF REAL PROPERTY.—

The management entity may not use Federal funds received under

this subtitle to acquire real property, but may use any other source

of funding, including other Federal funding outside this authority,

intended for the acquisition of real property.

SEC. 276. MANAGEMENT PLAN.

(a) IN GENERAL.—The management plan for the Heritage Area

shall—

(1) include comprehensive policies, strategies and recommendations for conservation, funding, management and

development of the Heritage Area;

(2) take into consideration existing State, county, and local

plans in the development of the management plan and its

implementation;

(3) include a description of actions that governments, private organizations, and individuals have agreed to take to

protect the natural, historical and cultural resources of the

Heritage Area;

Records.

Reports.

Public meetings.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1817

(4) specify the existing and potential sources of funding

to protect, manage, and develop the Heritage Area in the first

5 years of implementation;

(5) include an inventory of the natural, historical, cultural,

educational, scenic, and recreational resources of the Heritage

Area related to the themes of the Heritage Area that should

be preserved, restored, managed, developed, or maintained;

(6) describe a program of implementation for the management plan including plans for resource protection, restoration,

construction, and specific commitments for implementation that

have been made by the management entity or any government,

organization, or individual for the first 5 years of implementation; and

(7) include an interpretive plan for the Heritage Area.

(b) DEADLINE AND TERMINATION OF FUNDING.— (1) DEADLINE.—The management entity shall submit the

management plan to the Secretary for approval within 3 years

after funds are made available for this subtitle.

(2) TERMINATION OF FUNDING.—If the management plan

is not submitted to the Secretary in accordance with this subsection, the management entity shall not qualify for Federal

funding under this subtitle until such time as the management

plan is submitted to the Secretary.

SEC. 277. DUTIES AND AUTHORITIES OF THE SECRETARY.

(a) TECHNICAL AND FINANCIAL ASSISTANCE.—The Secretary

may, upon the request of the management entity, provide technical

assistance on a reimbursable or non-reimbursable basis and financial assistance to the Heritage Area to develop and implement

the approved management plan. The Secretary is authorized to

enter into cooperative agreements with the management entity

and other public or private entities for this purpose. In assisting

the Heritage Area, the Secretary shall give priority to actions that

in general assist in—

(1) conserving the significant natural, historical, cultural,

and scenic resources of the Heritage Area; and

(2) providing educational, interpretive, and recreational

opportunities consistent with the purposes of the Heritage Area.

(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLAN.—

(1) IN GENERAL.—The Secretary shall approve or disapprove

the management plan not later than 90 days after receiving

the management plan.

(2) CRITERIA FOR APPROVAL.—In determining the approval

of the management plan, the Secretary shall consider whether—

(A) the management entity is representative of the

diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational

organizations;

(B) the management entity has afforded adequate

opportunity, including public hearings, for public and

governmental involvement in the preparation of the

management plan;

(C) the resource protection and interpretation strategies contained in the management plan, if implemented,

would adequately protect the natural, historical, and cultural resources of the Heritage Area; and

Deadline.

Contracts.

Records.

120 STAT. 1818 PUBLIC LAW 109–338—OCT. 12, 2006

(D) the management plan is supported by the appropriate State and local officials whose cooperation is needed

to ensure the effective implementation of the State and

local aspects of the management plan.

(3) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves the management plan, the Secretary shall advise the

management entity in writing of the reasons therefore and

shall make recommendations for revisions to the management

plan. The Secretary shall approve or disapprove a proposed

revision within 60 days after the date it is submitted.

(4) APPROVAL OF AMENDMENTS.—Substantial amendments

to the management plan shall be reviewed by the Secretary

and approved in the same manner as provided for the original

management plan. The management entity shall not use Federal funds authorized by this subtitle to implement any amendments until the Secretary has approved the amendments.

SEC. 278. DUTIES OF OTHER FEDERAL AGENCIES.

Any Federal agency conducting or supporting activities directly

affecting the Heritage Area shall—

(1) consult with the Secretary and the management entity

with respect to such activities;

(2) cooperate with the Secretary and the management

entity in carrying out their duties under this subtitle and,

to the maximum extent practicable, coordinate such activities

with the carrying out of such duties; and

(3) to the maximum extent practicable, conduct or support

such activities in a manner which the management entity determines will not have an adverse effect on the Heritage Area.

SEC. 279. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

(a) NOTIFICATION AND CONSENT OF PROPERTY OWNERS

REQUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage

Area until the owner of that private property has been notified

in writing by the management entity and has given written consent

for such preservation, conservation, or promotion to the management entity.

(b) LANDOWNER WITHDRAW.—Any owner of private property

included within the boundary of the Heritage Area shall have

their property immediately removed from the boundary by submitting a written request to the management entity.

SEC. 280. PRIVATE PROPERTY PROTECTION.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle

shall be construed to—

(1) require any private property owner to allow public

access (including Federal, State, or local government access)

to such private property; or

(2) modify any provision of Federal, State, or local law

with regard to public access to or use of private property.

(b) LIABILITY.—Designation of the Heritage Area shall not be

considered to create any liability, or to have any effect on any

liability under any other law, of any private property owner with

respect to any persons injured on such private property.

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.— Nothing in this subtitle shall be construed to modify the authority

of Federal, State, or local governments to regulate land use.

Deadline.

Recommendations.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1819

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE

AREA.—Nothing in this subtitle shall be construed to require the

owner of any private property located within the boundaries of

the Heritage Area to participate in or be associated with the Heritage Area.

(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for

the Heritage Area represent the area within which Federal funds

appropriated for the purpose of this subtitle may be expended.

The establishment of the Heritage Area and its boundaries shall

not be construed to provide any nonexisting regulatory authority

on land use within the Heritage Area or its viewshed by the Secretary, the National Park Service, or the management entity.

SEC. 280A. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated for the purposes of this subtitle not more than $1,000,000 for any

fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Area under this subtitle.

(b) MATCHING FUNDS.—Federal funding provided under this

subtitle may not exceed 50 percent of the total cost of any assistance

or grant provided or authorized under this subtitle.

SEC. 280B. SUNSET.

The authority of the Secretary to provide assistance under

this subtitle shall terminate on the day occurring 15 years after

the date of the enactment of this subtitle.

Subtitle G—Champlain Valley National

Heritage Partnership

SEC. 281. SHORT TITLE.

This subtitle may be cited as the ‘‘Champlain Valley National

Heritage Partnership Act of 2006’’.

SEC. 282. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) the Champlain Valley and its extensive cultural and

natural resources have played a significant role in the history

of the United States and the individual States of Vermont

and New York;

(2) archaeological evidence indicates that the Champlain

Valley has been inhabited by humans since the last retreat

of the glaciers, with the Native Americans living in the area

at the time of European discovery being primarily of Iroquois

and Algonquin descent;

(3) the linked waterways of the Champlain Valley,

including the Richelieu River in Canada, played a unique and

significant role in the establishment and development of the

United States and Canada through several distinct eras,

including—

(A) the era of European exploration, during which

Samuel de Champlain and other explorers used the waterways as a means of access through the wilderness;

(B) the era of military campaigns, including highly

significant military campaigns of the French and Indian

War, the American Revolution, and the War of 1812; and

Champlain

Valley National

Heritage

Partnership Act

of 2006.

Vermont.

New York.

16 USC 461 note.

120 STAT. 1820 PUBLIC LAW 109–338—OCT. 12, 2006

(C) the era of maritime commerce, during which canal

boats, schooners, and steamships formed the backbone of

commercial transportation for the region;

(4) those unique and significant eras are best described

by the theme ‘‘The Making of Nations and Corridors of Commerce’’;

(5) the artifacts and structures associated with those eras

are unusually well-preserved;

(6) the Champlain Valley is recognized as having one of

the richest collections of historical resources in North America;

(7) the history and cultural heritage of the Champlain

Valley are shared with Canada and the Province of Quebec;

(8) there are benefits in celebrating and promoting this

mutual heritage;

(9) tourism is among the most important industries in

the Champlain Valley, and heritage tourism in particular plays

a significant role in the economy of the Champlain Valley;

(10) it is important to enhance heritage tourism in the

Champlain Valley while ensuring that increased visitation will

not impair the historical and cultural resources of the region;

(11) according to the 1999 report of the National Park

Service entitled ‘‘Champlain Valley Heritage Corridor Project’’,

‘‘the Champlain Valley contains resources and represents a

theme ‘The Making of Nations and Corridors of Commerce’,

that is of outstanding importance in United States history’’;

and

(12) it is in the interest of the United States to preserve

and interpret the historical and cultural resources of the Champlain Valley for the education and benefit of present and future

generations.

(b) PURPOSES.—The purposes of this subtitle are—

(1) to establish the Champlain Valley National Heritage

Partnership in the States of Vermont and New York to recognize the importance of the historical, cultural, and recreational

resources of the Champlain Valley region to the United States;

(2) to assist the States of Vermont and New York, including

units of local government and nongovernmental organizations

in the States, in preserving, protecting, and interpreting those

resources for the benefit of the people of the United States;

(3) to use those resources and the theme ‘‘the making

of nations and corridors of commerce’’ to—

(A) revitalize the economy of communities in the Champlain Valley; and

(B) generate and sustain increased levels of tourism

in the Champlain Valley;

(4) to encourage—

(A) partnerships among State and local governments

and nongovernmental organizations in the United States;

and

(B) collaboration with Canada and the Province of

Quebec to—

(i) interpret and promote the history of the waterways of the Champlain Valley region;

(ii) form stronger bonds between the United States

and Canada; and

(iii) promote the international aspects of the Champlain Valley region; and

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1821

(5) to provide financial and technical assistance for the

purposes described in paragraphs (1) through (4).

SEC. 283. DEFINITIONS.

In this subtitle:

(1) HERITAGE PARTNERSHIP.—The term ‘‘Heritage Partnership’’ means the Champlain Valley National Heritage Partnership established by section 104(a).

(2) MANAGEMENT ENTITY.—The term ‘‘management entity’’

means the Lake Champlain Basin Program.

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’

means the management plan developed under section

284(b)(1)(B)(i).

(4) REGION.— (A) IN GENERAL.—The term ‘‘region’’ means any area

or community in 1 of the States in which a physical,

cultural, or historical resource that represents the theme

is located.

(B) INCLUSIONS.—The term ‘‘region’’ includes

(i) THE LINKED NAVIGABLE WATERWAYS OF.— (I) Lake Champlain;

(II) Lake George;

(III) the Champlain Canal; and

(IV) the portion of the Upper Hudson River

extending south to Saratoga;

(ii) portions of Grand Isle, Franklin, Chittenden,

Addison, Rutland, and Bennington Counties in the

State of Vermont; and

(iii) portions of Clinton, Essex, Warren, Saratoga

and Washington Counties in the State of New York.

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(6) STATE.—the term ‘‘State’’ means

(A) the State of Vermont; and

(B) the State of New York.

(7) THEME.—The term ‘‘theme’’ means the theme ‘‘The

Making of Nations and Corridors of Commerce’’, as the term

is used in the 1999 report of the National Park Service entitled

‘‘Champlain Valley Heritage Corridor Project’’, that describes

the periods of international conflict and maritime commerce

during which the region played a unique and significant role

in the development of the United States and Canada.

SEC. 284. HERITAGE PARTNERSHIP.

(a) ESTABLISHMENT.—There is established in the region the

Champlain Valley National Heritage Partnership.

(b) MANAGEMENT ENTITY.— (1) DUTIES.— (A) IN GENERAL.—The management entity shall implement this subtitle.

(B) MANAGEMENT PLAN.—

(i) IN GENERAL.—Not later than 3 years after the

date of enactment of this Act, the management entity

shall develop a management plan for the Heritage

Partnership.

(ii) EXISTING PLAN.—Pending the completion and

approval of the management plan, the management

entity may implement the provisions of this subtitle

Deadline.

120 STAT. 1822 PUBLIC LAW 109–338—OCT. 12, 2006

based on its federally authorized plan ‘‘Opportunities

for Action, an Evolving Plan For Lake Champlain’’.

(iii) CONTENTS.—The management plan shall

include—

(I) recommendations for funding, managing,

and developing the Heritage Partnership;

(II) a description of activities to be carried

out by public and private organizations to protect

the resources of the Heritage Partnership;

(III) a list of specific, potential sources of

funding for the protection, management, and

development of the Heritage Partnership;

(IV) an assessment of the organizational

capacity of the management entity to achieve the

goals for implementation; and

(V) recommendations of ways in which to

encourage collaboration with Canada and the Province of Quebec in implementing this subtitle.

(iv) CONSIDERATIONS.—In developing the management plan under clause (i), the management entity

shall take into consideration existing Federal, State,

and local plans relating to the region.

(v) SUBMISSION TO SECRETARY FOR APPROVAL.—

(I) IN GENERAL.—Not later than 3 years after

the date of enactment of this Act, the management

entity shall submit the management plan to the

Secretary for approval.

(II) EFFECT OF FAILURE TO SUBMIT.—If a

management plan is not submitted to the Secretary by the date specified in subclause (I), the

Secretary shall not provide any additional funding

under this subtitle until a management plan for

the Heritage Partnership is submitted to the Secretary.

(vi) APPROVAL.—Not later than 90 days after

receiving the management plan submitted under clause

(v)(I), the Secretary, in consultation with the States,

shall approve or disapprove the management plan.

(vii) ACTION FOLLOWING DISAPPROVAL.—

(I) GENERAL.—If the Secretary disapproves a

management plan under clause (vi), the Secretary

shall—

(aa) advise the management entity in

writing of the reasons for the disapproval;

(bb) make recommendations for revisions

to the management plan; and

(cc) allow the management entity to

submit to the Secretary revisions to the

management plan.

(II) DEADLINE FOR APPROVAL OF REVISION.—

Not later than 90 days after the date on which

a revision is submitted under subclause (I)(cc),

the Secretary shall approve or disapprove the revision.

(viii) AMENDMENT.—

Recommendations.

Deadline.

Deadline.

Recommendations.

Records.

Recommendations.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1823

(I) IN GENERAL.—After approval by the Secretary of the management plan, the management

entity shall periodically—

(aa) review the management plan; and

(bb) submt to the Secretary, for review

and approval by the Secretary, the recommendations of the management entity for

any amendments to the management plan that

the management entity considers to be appropriate.

(II) EXPENDITURE OF FUNDS.—No funds made

available under this subtitle shall be used to implement any amendment proposed by the management entity under subclause (I) until the Secretary

approves the amendments.

(2) PARTNERSHIPS.— (A) IN GENERAL.—In carrying out this subtitle, the

management entity may enter into partnerships with—

(i) the States, including units of local governments

in the States;

(ii) nongovernmental organizations;

(iii) Indian Tribes; and

(iv) other persons in the Heritage Partnership.

(B) GRANTS.—Subject to the availability of funds, the

management entity may provide grants to partners under

subparagraph (A) to assist in implementing this subtitle.

(3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—

The management entity shall not use Federal funds made

available under this subtitle to acquire real property or any

interest in real property.

(c) ASSISTANCE FROM SECRETARY.—To carry out the purposes

of this subtitle, the Secretary may provide technical and financial

assistance to the management entity.

SEC. 285. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

(a) NOTIFICATION AND CONSENT OF PROPERTY OWNERS

REQUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan until—

(1) the management entity notifies the owner of the private

property in writing; and

(2) the owner of the private property provides to the

management entity written consent for the preservation, conservation, or promotion.

(b) LANDOWNER WITHDRAWAL.—Private property included

within the boundary of the Heritage Partnership shall immediately

be withdrawn from the Heritage Partnership if the owner of the

property submits a written request to the management entity.

SEC. 286. PRIVATE PROPERTY PROTECTION.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle—

(1) requires a private property owner to allow public access

(including access by the Federal Government or State or local

governments) to private property; or

(2) modifies any provision of Federal, State, or local law

with respect to public access to, or use of, private property.

(b) LIABILITY.—Designation of the Heritage Partnership under

this subtitle does not create any liability, or have any effect on

Recommendations.

120 STAT. 1824 PUBLIC LAW 109–338—OCT. 12, 2006

liability under any other law, of a private property owner with

respect to any persons injured on the private property.

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.— Nothing in this subtitle modifies any authority of the Federal

Government or State or local governments to regulate land use.

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS.—Nothing

in this subtitle requires the owner of any private property located

within the boundaries of the Heritage Partnership to participate

in, or be associated with the Heritage Partnership.

(e) EFFECT OF ESTABLISHMENT.— (1) IN GENERAL.—The boundaries designated for the Heritage Partnership represent the area within which Federal funds

appropriated for the purpose of this subtitle shall be expended.

(2) REGULATORY AUTHORITY.—The establishment of the

Heritage Partnership and the boundaries of the Heritage Partnership do not provide any regulatory authority that is not

in existence on the date of enactment of this Act relating

to land use within the Heritage Partnership or the viewshed

of the Heritage Partnership by the Secretary, the National

Park Service, or the management entity.

SEC. 287. EFFECT.

Nothing in this subtitle—

(1) grants powers of zoning or land use to the management

entity; or

(2) obstructs or limits private business development activities or resource development activities.

SEC. 288. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated to carry out this subtitle not more than a total of $10,000,000, of

which not more than $1,000,000 may be made available for any

fiscal year.

(b) NON-FEDERAL SHARE.—The non-Federal share of the cost

of any activities carried out using Federal funds made available

under subsection (a) shall be not less than 50 percent.

SEC. 289. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under

this subtitle terminates on the date that is 15 years after the

date of enactment of this Act.

Subtitle H—Great Basin National Heritage

Route

SEC. 291. SHORT TITLE.

This subtitle may be cited as the ‘‘Great Basin National Heritage Route Act’’.

SEC. 291A. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) the natural, cultural, and historic heritage of the North

American Great Basin is nationally significant;

(2) communities along the Great Basin Heritage Route

(including the towns of Delta, Utah, Ely, Nevada, and the

surrounding communities) are located in a classic western landscape that contains long natural vistas, isolated high desert

Great Basin

National

Heritage Route

Act.

Utah.

Nevada.

Native

Americans.

16 USC 461 note.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1825

valleys, mountain ranges, ranches, mines, historic railroads,

archaeological sites, and tribal communities;

(3) the Native American, pioneer, ranching, mining, timber,

and railroad heritages associated with the Great Basin Heritage

Route include the social history and living cultural traditions

of a rich diversity of nationalities;

(4) the pioneer, Mormon, and other religious settlements,

and ranching, timber, and mining activities of the region played

and continue to play a significant role in the development

of the United States, shaped by—

(A) the unique geography of the Great Basin;

(B) an influx of people of Greek, Chinese, Basque,

Serb, Croat, Italian, and Hispanic descent; and

(C) a Native American presence (Western Shoshone,

Northern and Southern Paiute, and Goshute) that continues in the Great Basin today;

(5) the Great Basin housed internment camps for JapaneseAmerican citizens during World War II, 1 of which, Topaz,

was located along the Heritage Route;

(6) the pioneer heritage of the Heritage Route includes

the Pony Express route and stations, the Overland Stage, and

many examples of 19th century exploration of the western

United States;

(7) the Native American heritage of the Heritage Route

dates back thousands of years and includes—

(A) archaeological sites;

(B) petroglyphs and pictographs;

(C) the westernmost village of the Fremont culture;

and

(D) communities of Western Shoshone, Paiute, and

Goshute tribes;

(8) the Heritage Route contains multiple biologically diverse

ecological communities that are home to exceptional species

such as—

(A) bristlecone pines, the oldest living trees in the

world;

(B) wildlife adapted to harsh desert conditions;

(C) unique plant communities, lakes, and streams; and

(D) native Bonneville cutthroat trout;

(9) the air and water quality of the Heritage Route is

among the best in the United States, and the clear air permits

outstanding viewing of the night skies;

(10) the Heritage Route includes unique and outstanding

geologic features such as numerous limestone caves, classic

basin and range topography with playa lakes, alluvial fans,

volcanics, cold and hot springs, and recognizable features of

ancient Lake Bonneville;

(11) the Heritage Route includes an unusual variety of

open space and recreational and educational opportunities

because of the great quantity of ranching activity and public

land (including city, county, and State parks, national forests,

Bureau of Land Management land, and a national park);

(12) there are significant archaeological, historical, cultural,

natural, scenic, and recreational resources in the Great Basin

to merit the involvement of the Federal Government in the

development, in cooperation with the Great Basin Heritage

120 STAT. 1826 PUBLIC LAW 109–338—OCT. 12, 2006

Route Partnership and other local and governmental entities,

of programs and projects to—

(A) adequately conserve, protect, and interpret the

heritage of the Great Basin for present and future generations; and

(B) provide opportunities in the Great Basin for education; and

(13) the Great Basin Heritage Route Partnership shall

serve as the local coordinating entity for a Heritage Route

established in the Great Basin.

(b) PURPOSES.—The purposes of this subtitle are—

(1) to foster a close working relationship with all levels

of government, the private sector, and the local communities

within White Pine County, Nevada, Millard County, Utah, and

the Duckwater Shoshone Reservation;

(2) to enable communities referred to in paragraph (1)

to conserve their heritage while continuing to develop economic

opportunities; and

(3) to conserve, interpret, and develop the archaeological,

historical, cultural, natural, scenic, and recreational resources

related to the unique ranching, industrial, and cultural heritage

of the Great Basin, in a manner that promotes multiple uses

permitted as of the date of enactment of this Act, without

managing or regulating land use.

SEC. 291B. DEFINITIONS.

In this subtitle:

(1) GREAT BASIN.—The term ‘‘Great Basin’’ means the North

American Great Basin.

(2) HERITAGE ROUTE.—The term ‘‘Heritage Route’’ means

the Great Basin National Heritage Route established by section

291C(a).

(3) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Great Basin Heritage Route Partnership established by section 291C(c).

(4) MANAGEMENT PLAN.—The term ‘‘management plan’’

means the plan developed by the local coordinating entity under

section 291E(a).

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior, acting through the Director of the National

Park Service.

SEC. 291C. GREAT BASIN NATIONAL HERITAGE ROUTE.

(a) ESTABLISHMENT.—There is established the Great Basin

National Heritage Route to provide the public with access to certain

historical, cultural, natural, scenic, and recreational resources in

White Pine County, Nevada, Millard County, Utah, and the

Duckwater Shoshone Reservation in the State of Nevada, as designated by the local coordinating entity.

(b) BOUNDARIES.—The local coordinating entity shall determine

the specific boundaries of the Heritage Route.

(c) LOCAL COORDINATING ENTITY.— (1) IN GENERAL.—The Great Basin Heritage Route Partnership shall serve as the local coordinating entity for the Heritage

Route.

(2) BOARD OF DIRECTORS.—The Great Basin Heritage Route

Partnership shall be governed by a board of directors that

consists of—

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1827

(A) 4 members who are appointed by the Board of

County Commissioners for Millard County, Utah;

(B) 4 members who are appointed by the Board of

County Commissioners for White Pine County, Nevada;

and

(C) a representative appointed by each Native American Tribe participating in the Heritage Route.

SEC. 291D. MEMORANDUM OF UNDERSTANDING.

(a) IN GENERAL.—In carrying out this subtitle, the Secretary,

in consultation with the Governors of the States of Nevada and

Utah and the tribal government of each Indian tribe participating

in the Heritage Route, shall enter into a memorandum of understanding with the local coordinating entity.

(b) INCLUSIONS.—The memorandum of understanding shall

include information relating to the objectives and management of

the Heritage Route, including—

(1) a description of the resources of the Heritage Route;

(2) a discussion of the goals and objectives of the Heritage

Route, including—

(A) an explanation of the proposed approach to conservation, development, and interpretation; and

(B) a general outline of the anticipated protection and

development measures;

(3) a description of the local coordinating entity;

(4) a list and statement of the financial commitment of

the initial partners to be involved in developing and implementing the management plan; and

(5) a description of the role of the States of Nevada and

Utah in the management of the Heritage Route.

(c) ADDITIONAL REQUIREMENTS.—In developing the terms of

the memorandum of understanding, the Secretary and the local

coordinating entity shall—

(1) provide opportunities for local participation; and

(2) include terms that ensure, to the maximum extent

practicable, timely implementation of all aspects of the memorandum of understanding.

(d) AMENDMENTS.—

(1) IN GENERAL.—The Secretary shall review any amendments of the memorandum of understanding proposed by the

local coordinating entity or the Governor of the State of Nevada

or Utah.

(2) USE OF FUNDS.—Funds made available under this subtitle shall not be expended to implement a change made by

a proposed amendment described in paragraph (1) until the

Secretary approves the amendment.

SEC. 291E. MANAGEMENT PLAN.

(a) IN GENERAL.—Not later than 3 years after the date on

which funds are made available to carry out this subtitle, the

local coordinating entity shall develop and submit to the Secretary

for approval a management plan for the Heritage Route that—

(1) specifies—

(A) any resources designated by the local coordinating

entity under section 291C(a); and

(B) the specific boundaries of the Heritage Route, as

determined under section 291C(b); and

Deadline.

120 STAT. 1828 PUBLIC LAW 109–338—OCT. 12, 2006

(2) presents clear and comprehensive recommendations for

the conservation, funding, management, and development of

the Heritage Route.

(b) CONSIDERATIONS.—In developing the management plan, the

local coordinating entity shall—

(1) provide for the participation of local residents, public

agencies, and private organizations located within the counties

of Millard County, Utah, White Pine County, Nevada, and

the Duckwater Shoshone Reservation in the protection and

development of resources of the Heritage Route, taking into

consideration State, tribal, county, and local land use plans

in existence on the date of enactment of this Act;

(2) identify sources of funding;

(3) include—

(A) a program for implementation of the management

plan by the local coordinating entity, including—

(i) plans for restoration, stabilization, rehabilitation, and construction of public or tribal property; and

(ii) specific commitments by the identified partners

referred to in section 291D(b)(4) for the first 5 years

of operation; and

(B) an interpretation plan for the Heritage Route; and

(4) develop a management plan that will not infringe on

private property rights without the consent of the owner of

the private property.

(c) FAILURE TO SUBMIT.—If the local coordinating entity fails

to submit a management plan to the Secretary in accordance with

subsection (a), the Heritage Route shall no longer qualify for Federal

funding.

(d) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLAN.—

(1) IN GENERAL.—Not later than 90 days after receipt of

a management plan under subsection (a), the Secretary, in

consultation with the Governors of the States of Nevada and

Utah, shall approve or disapprove the management plan.

(2) CRITERIA.—In determining whether to approve a

management plan, the Secretary shall consider whether the

management plan—

(A) has strong local support from a diversity of landowners, business interests, nonprofit organizations, and

governments associated with the Heritage Route;

(B) is consistent with and complements continued economic activity along the Heritage Route;

(C) has a high potential for effective partnership

mechanisms;

(D) avoids infringing on private property rights; and

(E) provides methods to take appropriate action to

ensure that private property rights are observed.

(3) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves a management plan under paragraph (1), the Secretary shall—

(A) advise the local coordinating entity in writing of

the reasons for the disapproval;

(B) make recommendations for revisions to the

management plan; and

(C) not later than 90 days after the receipt of any

proposed revision of the management plan from the local

Deadline.

Recommendations.

Deadline.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1829

coordinating entity, approve or disapprove the proposed

revision.

(e) IMPLEMENTATION.—On approval of the management plan

as provided in subsection (d)(1), the local coordinating entity, in

conjunction with the Secretary, shall take appropriate steps to

implement the management plan.

(f) AMENDMENTS.— (1) IN GENERAL.—The Secretary shall review each amendment to the management plan that the Secretary determines

may make a substantial change to the management plan.

(2) USE OF FUNDS.—Funds made available under this subtitle shall not be expended to implement an amendment

described in paragraph (1) until the Secretary approves the

amendment.

SEC. 291F. AUTHORITY AND DUTIES OF LOCAL COORDINATING ENTITY.

(a) AUTHORITIES.—The local coordinating entity may, for purposes of preparing and implementing the management plan, use

funds made available under this subtitle to—

(1) make grants to, and enter into cooperative agreements

with, a State (including a political subdivision), an Indian tribe,

a private organization, or any person; and

(2) hire and compensate staff.

(b) DUTIES.—In addition to developing the management plan,

the local coordinating entity shall—

(1) give priority to implementing the memorandum of

understanding and the management plan, including taking

steps to—

(A) assist units of government, regional planning

organizations, and nonprofit organizations in—

(i) establishing and maintaining interpretive

exhibits along the Heritage Route;

(ii) developing recreational resources along the

Heritage Route;

(iii) increasing public awareness of and appreciation for the archaeological, historical, cultural, natural,

scenic, and recreational resources and sites along the

Heritage Route; and

(iv) if requested by the owner, restoring, stabilizing, or rehabilitating any private, public, or tribal

historical building relating to the themes of the Heritage Route;

(B) encourage economic viability and diversity along

the Heritage Route in accordance with the objectives of

the management plan; and

(C) encourage the installation of clear, consistent, and

environmentally appropriate signage identifying access

points and sites of interest along the Heritage Route;

(2) consider the interests of diverse governmental, business,

and nonprofit groups associated with the Heritage Route;

(3) conduct public meetings in the region of the Heritage

Route at least semiannually regarding the implementation of

the management plan;

(4) submit substantial amendments (including any increase

of more than 20 percent in the cost estimates for implementation) to the management plan to the Secretary for approval

by the Secretary; and

120 STAT. 1830 PUBLIC LAW 109–338—OCT. 12, 2006

(5) for any year for which Federal funds are received under

this subtitle—

(A) submit to the Secretary a report that describes,

for the year—

(i) the accomplishments of the local coordinating

entity;

(ii) the expenses and income of the local coordinating entity; and

(iii) each entity to which any loan or grant was

made;

(B) make available for audit all records pertaining

to the expenditure of the funds and any matching funds;

and

(C) require, for all agreements authorizing the expenditure of Federal funds by any entity, that the receiving

entity make available for audit all records pertaining to

the expenditure of the funds.

(c) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—

The local coordinating entity shall not use Federal funds made

available under this subtitle to acquire real property or any interest

in real property.

(d) PROHIBITION ON THE REGULATION OF LAND USE.—The local

coordinating entity shall not regulate land use within the Heritage

Route.

SEC. 291G. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

(a) TECHNICAL AND FINANCIAL ASSISTANCE.—

(1) IN GENERAL.—The Secretary may, on request of the

local coordinating entity, provide technical and financial assistance to develop and implement the management plan and

memorandum of understanding.

(2) PRIORITY FOR ASSISTANCE.—In providing assistance

under paragraph (1), the Secretary shall, on request of the

local coordinating entity, give priority to actions that assist

in—

(A) conserving the significant archaeological, historical,

cultural, natural, scenic, and recreational resources of the

Heritage Route; and

(B) providing education, interpretive, and recreational

opportunities, and other uses consistent with those

resources.

(b) APPLICATION OF FEDERAL LAW.—The establishment of the

Heritage Route shall have no effect on the application of any Federal

law to any property within the Heritage Route.

SEC. 291H. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

(a) LAND USE REGULATION.—Nothing in this subtitle—

(1) modifies, enlarges, or diminishes any authority of the

Federal, State, tribal, or local government to regulate by law

(including by regulation) any use of land; or

(2) grants any power of zoning or land use to the local

coordinating entity.

(b) APPLICABILITY OF FEDERAL LAW.—Nothing in this subtitle—

(1) imposes on the Heritage Route, as a result of the

designation of the Heritage Route, any regulation that is not

applicable to the area within the Heritage Route as of the

date of enactment of this Act; or

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1831

(2) authorizes any agency to promulgate a regulation that

applies to the Heritage Route solely as a result of the designation of the Heritage Route under this subtitle.

SEC. 291I. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated to carry out this subtitle $10,000,000, of which not more than

$1,000,000 may be made available for any fiscal year.

(b) COST SHARING.— (1) FEDERAL SHARE.—The Federal share of the cost of any

activity assisted under this subtitle shall not exceed 50 percent.

(2) FORM OF NON-FEDERAL SHARE.—The non-Federal share

may be in the form of in-kind contributions, donations, grants,

and loans from individuals and State or local governments

or agencies.

SEC. 291J. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under

this subtitle terminates on the date that is 15 years after the

date of enactment of this Act.

SEC. 291K. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

(a) NOTIFICATION AND CONSENT OF PROPERTY OWNERS

REQUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage

Route until the owner of that private property has been notified

in writing by the management entity and has given written consent

for such preservation, conservation, or promotion to the management entity.

(b) LANDOWNER WITHDRAW.—Any owner of private property

included within the boundary of the Heritage Route shall have

their property immediately removed from the boundary by submitting a written request to the management entity.

SEC. 291L. PRIVATE PROPERTY PROTECTION.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this title shall

be construed to—

(1) require any private property owner to allow public

access (including Federal, State, or local government access)

to such private property; or

(2) modify any provision of Federal, State, or local law

with regard to public access to or use of private property.

(b) LIABILITY.—Designation of the Heritage Route shall not

be considered to create any liability, or to have any effect on

any liability under any other law, of any private property owner

with respect to any persons injured on such private property.

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—

Nothing in this title shall be construed to modify the authority

of Federal, State, or local governments to regulate land use.

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE

ROUTE.—Nothing in this title shall be construed to require the

owner of any private property located within the boundaries of

the Heritage Route to participate in or be associated with the

Heritage Route.

(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for

the Heritage Route represent the area within which Federal funds

appropriated for the purpose of this title may be expended. The

establishment of the Heritage Route and its boundaries shall not

120 STAT. 1832 PUBLIC LAW 109–338—OCT. 12, 2006

be construed to provide any nonexisting regulatory authority on

land use within the Heritage Route or its viewshed by the Secretary,

the National Park Service, or the management entity.

Subtitle I—Gullah/Geechee Heritage

Corridor

SEC. 295. SHORT TITLE.

This subtitle may be cited as the ‘‘Gullah/Geechee Cultural

Heritage Act’’.

SEC. 295A. PURPOSES.

The purposes of this subtitle are to—

(1) recognize the important contributions made to American

culture and history by African Americans known as the Gullah/

Geechee who settled in the coastal counties of South Carolina,

Georgia, North Carolina, and Florida;

(2) assist State and local governments and public and private entities in South Carolina, Georgia, North Carolina, and

Florida in interpreting the story of the Gullah/Geechee and

preserving Gullah/Geechee folklore, arts, crafts, and music; and

(3) assist in identifying and preserving sites, historical

data, artifacts, and objects associated with the Gullah/Geechee

for the benefit and education of the public.

SEC. 295B. DEFINITIONS.

In this subtitle:

(1) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Gullah/Geechee Cultural Heritage

Corridor Commission established by section 295D(a).

(2) HERITAGE CORRIDOR.—The term ‘‘Heritage Corridor’’

means the Gullah/Geechee Cultural Heritage Corridor established by section 295C(a).

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 295C. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR.

(a) ESTABLISHMENT.—There is established the Gullah/Geechee

Cultural Heritage Corridor.

(b) BOUNDARIES.—

(1) IN GENERAL.—The Heritage Corridor shall be comprised

of those lands and waters generally depicted on a map entitled

‘‘Gullah/Geechee Cultural Heritage Corridor’’ numbered

GGCHC 80,000 and dated September 2004. The map shall

be on file and available for public inspection in the appropriate

offices of the National Park Service and in an appropriate

State office in each of the States included in the Heritage

Corridor. The Secretary shall publish in the Federal Register,

as soon as practicable after the date of enactment of this

Act, a detailed description and map of the boundaries established under this subsection.

(2) REVISIONS.—The boundaries of the Heritage Corridor

may be revised if the revision is—

(A) proposed in the management plan developed for

the Heritage Corridor;

Federal Register,

publication.

Gullah/Geechee

Cultural

Heritage Act.

State listing.

16 USC 461 note.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1833

(B) approved by the Secretary in accordance with this

subtitle; and

(C) placed on file in accordance with paragraph (1).

(c) ADMINISTRATION.—The Heritage Corridor shall be administered in accordance with the provisions of this subtitle.

SEC. 295D. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR

COMMISSION.

(a) ESTABLISHMENT.—There is hereby established a local coordinating entity to be known as the ‘‘Gullah/Geechee Cultural Heritage

Corridor Commission’’ whose purpose shall be to assist Federal,

State, and local authorities in the development and implementation

of a management plan for those land and waters specified in section

295C(b).

(b) MEMBERSHIP.—The local coordinating entity shall be composed of 15 members appointed by the Secretary as follows:

(1) Four individuals nominated by the State Historic

Preservation Officer of South Carolina and two individuals

each nominated by the State Historic Preservation Officer of

each of Georgia, North Carolina, and Florida and appointed

by the Secretary.

(2) Two individuals from South Carolina and one individual

from each of Georgia, North Carolina, and Florida who are

recognized experts in historic preservation, anthropology, and

folklore, appointed by the Secretary.

(c) TERMS.—Members of the local coordinating entity shall be

appointed to terms not to exceed 3 years. The Secretary may stagger

the terms of the initial appointments to the local coordinating

entity in order to assure continuity of operation. Any member

of the local coordinating entity may serve after the expiration

of their term until a successor is appointed. A vacancy shall be

filled in the same manner in which the original appointment was

made.

(d) TERMINATION.—The local coordinating entity shall terminate

10 years after the date of enactment of this Act.

SEC. 295E. OPERATION OF THE LOCAL COORDINATING ENTITY.

(a) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further

the purposes of the Heritage Corridor, the local coordinating entity

shall—

(1) prepare and submit a management plan to the Secretary

in accordance with section 295F;

(2) assist units of local government and other persons in

implementing the approved management plan by—

(A) carrying out programs and projects that recognize,

protect, and enhance important resource values within the

Heritage Corridor;

(B) establishing and maintaining interpretive exhibits

and programs within the Heritage Corridor;

(C) developing recreational and educational opportunities in the Heritage Corridor;

(D) increasing public awareness of and appreciation

for the historical, cultural, natural, and scenic resources

of the Heritage Corridor;

(E) protecting and restoring historic sites and buildings

in the Heritage Corridor that are consistent with Heritage

Corridor themes;

120 STAT. 1834 PUBLIC LAW 109–338—OCT. 12, 2006

(F) ensuring that clear, consistent, and appropriate

signs identifying points of public access and sites of interest

are posted throughout the Heritage Corridor; and

(G) promoting a wide range of partnerships among

governments, organizations, and individuals to further the

purposes of the Heritage Corridor;

(3) consider the interests of diverse units of government,

business, organizations, and individuals in the Heritage Corridor in the preparation and implementation of the management plan;

(4) conduct meetings open to the public at least quarterly

regarding the development and implementation of the management plan;

(5) submit an annual report to the Secretary for any fiscal

year in which the local coordinating entity receives Federal

funds under this subtitle, setting forth its accomplishments,

expenses, and income, including grants made to any other

entities during the year for which the report is made;

(6) make available for audit for any fiscal year in which

it receives Federal funds under this subtitle, all information

pertaining to the expenditure of such funds and any matching

funds, and require all agreements authorizing expenditures

of Federal funds by other organizations, that the receiving

organization make available for audit all records and other

information pertaining to the expenditure of such funds; and

(7) encourage by appropriate means economic viability that

is consistent with the purposes of the Heritage Corridor.

(b) AUTHORITIES.—The local coordinating entity may, for the

purposes of preparing and implementing the management plan,

use funds made available under this subtitle to—

(1) make grants to, and enter into cooperative agreements

with, the States of South Carolina, North Carolina, Florida,

and Georgia, political subdivisions of those States, a nonprofit

organization, or any person;

(2) hire and compensate staff;

(3) obtain funds from any source including any that are

provided under any other Federal law or program; and

(4) contract for goods and services.

SEC. 295F. MANAGEMENT PLAN.

(a) IN GENERAL.—The management plan for the Heritage Corridor shall—

(1) include comprehensive policies, strategies, and recommendations for conservation, funding, management, and

development of the Heritage Corridor;

(2) take into consideration existing State, county, and local

plans in the development of the management plan and its

implementation;

(3) include a description of actions that governments, private organizations, and individuals have agreed to take to

protect the historical, cultural, and natural resources of the

Heritage Corridor;

(4) specify the existing and potential sources of funding

to protect, manage, and develop the Heritage Corridor in the

first 5 years of implementation;

(5) include an inventory of the historical, cultural, natural,

resources of the Heritage Corridor related to the themes of

Records.

Records.

Reports.

Public meetings.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1835

the Heritage Corridor that should be preserved, restored, managed, developed, or maintained;

(6) recommend policies and strategies for resource management that consider and detail the application of appropriate

land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the Heritage Corridor’s historical, cultural,

and natural resources;

(7) describe a program for implementation of the management plan including plans for resources protection, restoration,

construction, and specific commitments for implementation that

have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of

implementation;

(8) include an analysis and recommendations for the ways

in which Federal, State, or local programs may best be coordinated to further the purposes of this subtitle; and

(9) include an interpretive plan for the Heritage Corridor.

(b) SUBMITTAL OF MANAGEMENT PLAN.—The local coordinating

entity shall submit the management plan to the Secretary for

approval not later than 3 years after funds are made available

for this subtitle.

(c) FAILURE TO SUBMIT.—If the local coordinating entity fails

to submit the management plan to the Secretary in accordance

with subsection (b), the Heritage Corridor shall not qualify for

Federal funding until the management plan is submitted.

(d) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.—

(1) IN GENERAL.—The Secretary shall approve or disapprove

the management plan not later than 90 days after receiving

the management plan.

(2) CRITERIA.—In determining whether to approve the

management plan, the Secretary shall consider whether—

(A) the local coordinating entity has afforded adequate

opportunity, including public hearings, for public and

governmental involvement in the preparation of the

management plan;

(B) the resource preservation and interpretation strategies contained in the management plan would adequately

protect the cultural and historic resources of the Heritage

Corridor; and

(C) the Secretary has received adequate assurances

from appropriate State and local officials whose support

is needed to ensure the effective implementation of the

State and local aspects of the plan.

(3) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves the management plan, the Secretary shall advise the

local coordinating entity in writing of the reasons therefore

and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision not later than 60 days after the date it is

submitted.

(4) APPROVAL OF AMENDMENTS.—Substantial amendments

to the management plan shall be reviewed and approved by

the Secretary in the same manner as provided in the original

management plan. The local coordinating entity shall not use

Federal funds authorized by this subtitle to implement any

amendments until the Secretary has approved the amendments.

Deadline.

Recommendations.

Deadline.

Deadline.

120 STAT. 1836 PUBLIC LAW 109–338—OCT. 12, 2006

SEC. 295G. TECHNICAL AND FINANCIAL ASSISTANCE.

(a) IN GENERAL.—Upon a request of the local coordinating

entity, the Secretary may provide technical and financial assistance

for the development and implementation of the management plan.

(b) PRIORITY FOR ASSISTANCE.—In providing assistance under

subsection (a), the Secretary shall give priority to actions that

assist in—

(1) conserving the significant cultural, historical, and natural resources of the Heritage Corridor; and

(2) providing educational and interpretive opportunities

consistent with the purposes of the Heritage Corridor.

(c) SPENDING FOR NON-FEDERAL PROPERTY.—

(1) IN GENERAL.—The local coordinating entity may expend

Federal funds made available under this subtitle on nonfederally owned property that is—

(A) identified in the management plan; or

(B) listed or eligible for listing on the National Register

for Historic Places.

(2) AGREEMENTS.—Any payment of Federal funds made

pursuant to this subtitle shall be subject to an agreement

that conversion, use, or disposal of a project so assisted for

purposes contrary to the purposes of this subtitle, as determined

by the Secretary, shall result in a right of the United States

to compensation of all funds made available to that project

or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater.

SEC. 295H. DUTIES OF OTHER FEDERAL AGENCIES.

Any Federal agency conducting or supporting activities directly

affecting the Heritage Corridor shall—

(1) consult with the Secretary and the local coordinating

entity with respect to such activities;

(2) cooperate with the Secretary and the local coordinating

entity in carrying out their duties under this subtitle and,

to the maximum extent practicable, coordinate such activities

with the carrying out of such duties; and

(3) to the maximum extent practicable, conduct or support

such activities in a manner in which the local coordinating

entity determines will not have an adverse effect on the Heritage Corridor.

SEC. 295I. COASTAL HERITAGE CENTERS.

In furtherance of the purposes of this subtitle and using the

authorities made available under this subtitle, the local coordinating

entity shall establish one or more Coastal Heritage Centers at

appropriate locations within the Heritage Corridor in accordance

with the preferred alternative identified in the Record of Decision

for the Low Country Gullah Culture Special Resource Study and

Environmental Impact Study, December 2003, and additional appropriate sites.

SEC. 295J. PRIVATE PROPERTY PROTECTION.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle

shall be construed to require any private property owner to permit

public access (including Federal, State, or local government access)

to such private property. Nothing in this subtitle shall be construed

Establishment.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1837

to modify any provision of Federal, State, or local law with regard

to public access to or use of private lands.

(b) LIABILITY.—Designation of the Heritage Corridor shall not

be considered to create any liability, or to have any effect on

any liability under any other law, of any private property owner

with respect to any persons injured on such private property.

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.— Nothing in this subtitle shall be construed to modify any authority

of Federal, State, or local governments to regulate land use.

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE

CORRIDOR.—Nothing in this subtitle shall be construed to require

the owner of any private property located within the boundaries

of the Heritage Corridor to participate in or be associated with

the Heritage Corridor.

(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for

the Heritage Corridor represent the area within which Federal

funds appropriated for the purpose of this subtitle shall be

expended. The establishment of the Heritage Corridor and its

boundaries shall not be construed to provide any nonexisting regulatory authority on land use within the Heritage Corridor or its

viewshed by the Secretary or the local coordinating entity.

(f) NOTIFICATION AND CONSENT OF PROPERTY OWNERS

REQUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage

Corridor until the owner of that private property has been notified

in writing by the local coordinating entity and has given written

consent for such preservation, conservation, or promotion to the

local coordinating entity.

(g) LANDOWNER WITHDRAWAL.—Any owner of private property

included within the boundary of the Heritage Corridor shall have

their property immediately removed from within the boundary by

submitting a written request to the local coordinating entity.

SEC. 295K. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated for the purposes of this subtitle not more than $1,000,000 for any

fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Corridor under this subtitle.

(b) COST SHARE.—Federal funding provided under this subtitle

may not exceed 50 percent of the total cost of any activity for

which assistance is provided under this subtitle.

(c) IN-KIND CONTRIBUTIONS.—The Secretary may accept in-kind

contributions as part of the non-Federal cost share of any activity

for which assistance is provided under this subtitle.

SEC. 295L. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under

this subtitle terminates on the date that is 15 years after the

date of enactment of this Act.

Subtitle J—Crossroads of the American

Revolution National Heritage Area

SEC. 297. SHORT TITLE.

This subtitle may be cited as the ‘‘Crossroads of the American

Revolution National Heritage Area Act of 2006’’.

Crossroads of the

American

Revolution

National

Heritage Area

Act of 2006.

New Jersey.

16 USC 461 note.

120 STAT. 1838 PUBLIC LAW 109–338—OCT. 12, 2006

SEC. 297A. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) the State of New Jersey was critically important during

the American Revolution because of the strategic location of

the State between the British armies headquartered in New

York City, New York, and the Continental Congress in the

city of Philadelphia, Pennsylvania;

(2) General George Washington spent almost half of the

period of the American Revolution personally commanding

troops of the Continental Army in the State of New Jersey,

including 2 severe winters spent in encampments in the area

that is now Morristown National Historical Park, a unit of

the National Park System;

(3) it was during the 10 crucial days of the American

Revolution between December 25, 1776, and January 3, 1777,

that General Washington, after retreating across the State

of New Jersey from the State of New York to the Commonwealth of Pennsylvania in the face of total defeat, recrossed

the Delaware River on the night of December 25, 1776, and

went on to win crucial battles at Trenton and Princeton in

the State of New Jersey;

(4) Thomas Paine, who accompanied the troops during the

retreat, described the events during those days as ‘‘the times

that try men’s souls’’;

(5) the sites of 296 military engagements are located in

the State of New Jersey, including—

(A) several important battles of the American Revolution that were significant to—

(i) the outcome of the American Revolution; and

(ii) the history of the United States; and

(B) several national historic landmarks, including

Washington’s Crossing, the Old Trenton Barracks, and

Princeton, Monmouth, and Red Bank Battlefields;

(6) additional national historic landmarks in the State of

New Jersey include the homes of—

(A) Richard Stockton, Joseph Hewes, John

Witherspoon, and Francis Hopkinson, signers of the Declaration of Independence;

(B) Elias Boudinout, President of the Continental Congress; and

(C) William Livingston, patriot and Governor of the

State of New Jersey from 1776 to 1790;

(7) portions of the landscapes important to the strategies

of the British and Continental armies, including waterways,

mountains, farms, wetlands, villages, and roadways—

(A) retain the integrity of the period of the American

Revolution; and

(B) offer outstanding opportunities for conservation,

education, and recreation;

(8) the National Register of Historic Places lists 251

buildings and sites in the National Park Service study area

for the Crossroads of the American Revolution that are associated with the period of the American Revolution;

(9) civilian populations residing in the State of New Jersey

during the American Revolution suffered extreme hardships

because of—

(A) the continuous conflict in the State;

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1839

(B) foraging armies; and

(C) marauding contingents of loyalist Tories and rebel

sympathizers;

(10) because of the important role that the State of New

Jersey played in the successful outcome of the American Revolution, there is a Federal interest in developing a regional framework to assist the State of New Jersey, local governments

and organizations, and private citizens in—

(A) preserving and protecting cultural, historic, and

natural resources of the period; and

(B) bringing recognition to those resources for the educational and recreational benefit of the present and future

generations of citizens of the United States; and

(11) the National Park Service has conducted a national

heritage area feasibility study in the State of New Jersey

that demonstrates that there is a sufficient assemblage of

nationally distinctive cultural, historic, and natural resources

necessary to establish the Crossroads of the American Revolution National Heritage Area.

(b) PURPOSES.—The purposes of this subtitle are—

(1) to assist communities, organizations, and citizens in

the State of New Jersey in preserving—

(A) the special historic identity of the State; and

(B) the importance of the State to the United States;

(2) to foster a close working relationship among all levels

of government, the private sector, and local communities in

the State;

(3) to provide for the management, preservation, protection,

and interpretation of the cultural, historic, and natural

resources of the State for the educational and inspirational

benefit of future generations;

(4) to strengthen the value of Morristown National Historical Park as an asset to the State by—

(A) establishing a network of related historic resources,

protected landscapes, educational opportunities, and events

depicting the landscape of the State of New Jersey during

the American Revolution; and

(B) establishing partnerships between Morristown

National Historical Park and other public and privately

owned resources in the Heritage Area that represent the

strategic fulcrum of the American Revolution; and

(5) to authorize Federal financial and technical assistance

for the purposes described in paragraphs (1) through (4).

SEC. 297B. DEFINITIONS.

In this subtitle:

(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the

Crossroads of the American Revolution National Heritage Area

established by section 297C(a).

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local coordinating entity for the Heritage Area designated by section 297C(d).

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’

means the management plan for the Heritage Area developed

under section 297D.

120 STAT. 1840 PUBLIC LAW 109–338—OCT. 12, 2006

(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Crossroads of the American Revolution National Heritage Area’’,

numbered CRRE/80,000, and dated April 2002.

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(6) STATE.—The term ‘‘State’’ means the State of New

Jersey.

SEC. 297C. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL

HERITAGE AREA.

(a) ESTABLISHMENT.—There is established in the State the

Crossroads of the American Revolution National Heritage Area.

(b) BOUNDARIES.—The Heritage Area shall consist of the land

and water within the boundaries of the Heritage Area, as depicted

on the map.

(c) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National

Park Service.

(d) LOCAL COORDINATING ENTITY.—The Crossroads of the American Revolution Association, Inc., a nonprofit corporation in the

State, shall be the local coordinating entity for the Heritage Area.

SEC. 297D. MANAGEMENT PLAN.

(a) IN GENERAL.—Not later than 3 years after the date on

which funds are made available to carry out this subtitle, the

local coordinating entity shall develop and forward to the Secretary

a management plan for the Heritage Area.

(b) REQUIREMENTS.—The management plan shall—

(1) include comprehensive policies, strategies, and recommendations for conservation, funding, management, and

development of the Heritage Area;

(2) take into consideration existing State, county, and local

plans;

(3) describe actions that units of local government, private

organizations, and individuals have agreed to take to protect

the cultural, historic, and natural resources of the Heritage

Area;

(4) identify existing and potential sources of funding for

the protection, management, and development of the Heritage

Area during the first 5 years of implementation of the management plan; and

(5) include—

(A) an inventory of the cultural, educational, historic,

natural, recreational, and scenic resources of the Heritage

Area relating to the themes of the Heritage Area that

should be restored, managed, or developed;

(B) recommendations of policies and strategies for

resource management that result in—

(i) application of appropriate land and water

management techniques; and

(ii) development of intergovernmental and interagency cooperative agreements to protect the cultural,

educational, historic, natural, recreational, and scenic

resources of the Heritage Area;

(C) a program of implementation of the management

plan that includes for the first 5 years of implementation—

(i) plans for resource protection, restoration,

construction; and

Deadline.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1841

(ii) specific commitments for implementation that

have been made by the local coordinating entity or

any government, organization, or individual;

(D) an analysis of and recommendations for ways in

which Federal, State, and local programs, including programs of the National Park Service, may be best coordinated to promote the purposes of this subtitle; and

(E) an interpretive plan for the Heritage Area.

(c) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.— (1) IN GENERAL.—Not later than 90 days after the date

of receipt of the management plan under subsection (a), the

Secretary shall approve or disapprove the management plan.

(2) CRITERIA.—In determining whether to approve the

management plan, the Secretary shall consider whether—

(A) the Board of Directors of the local coordinating

entity is representative of the diverse interests of the Heritage Area, including—

(i) governments;

(ii) natural and historic resource protection

organizations;

(iii) educational institutions;

(iv) businesses; and

(v) recreational organizations;

(B) the local coordinating entity provided adequate

opportunity for public and governmental involvement in

the preparation of the management plan, including public

hearings;

(C) the resource protection and interpretation strategies in the management plan would adequately protect

the cultural, historic, and natural resources of the Heritage

Area; and

(D) the Secretary has received adequate assurances

from the appropriate State and local officials whose support

is needed to ensure the effective implementation of the

State and local aspects of the management plan.

(3) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves the management plan under paragraph (1), the Secretary shall—

(A) advise the local coordinating entity in writing of

the reasons for the disapproval;

(B) make recommendations for revisions to the

management plan; and

(C) not later than 60 days after the receipt of any

proposed revision of the management plan from the local

coordinating entity, approve or disapprove the proposed

revision.

(d) AMENDMENTS.—

(1) IN GENERAL.—The Secretary shall approve or disapprove

each amendment to the management plan that the Secretary

determines may make a substantial change to the management

plan.

(2) USE OF FUNDS.—Funds made available under this subtitle shall not be expended by the local coordinating entity

to implement an amendment described in paragraph (1) until

the Secretary approves the amendment.

(e) IMPLEMENTATION.—On completion of the 3-year period

described in subsection (a), any funding made available under this

Deadline.

Recommendations.

Deadline.

120 STAT. 1842 PUBLIC LAW 109–338—OCT. 12, 2006

subtitle shall be made available to the local coordinating entity

only for implementation of the approved management plan.

SEC. 297E. AUTHORITIES, DUTIES, AND PROHIBITIONS APPLICABLE

TO THE LOCAL COORDINATING ENTITY.

(a) AUTHORITIES.—For purposes of preparing and implementing

the management plan, the local coordinating entity may use funds

made available under this subtitle to—

(1) make grants to, provide technical assistance to, and

enter into cooperative agreements with, the State (including

a political subdivision), a nonprofit organization, or any other

person;

(2) hire and compensate staff, including individuals with

expertise in—

(A) cultural, historic, or natural resource protection;

or

(B) heritage programming;

(3) obtain funds or services from any source (including

a Federal law or program);

(4) contract for goods or services; and

(5) support any other activity—

(A) that furthers the purposes of the Heritage Area;

and

(B) that is consistent with the management plan.

(b) DUTIES.—In addition to developing the management plan,

the local coordinating entity shall—

(1) assist units of local government, regional planning

organizations, and nonprofit organizations in implementing the

approved management plan by—

(A) carrying out programs and projects that recognize,

protect, and enhance important resource values in the

Heritage Area;

(B) establishing and maintaining interpretive exhibits

and programs in the Heritage Area;

(C) developing recreational and educational opportunities in the Heritage Area;

(D) increasing public awareness of and appreciation

for cultural, historic, and natural resources of the Heritage

Area;

(E) protecting and restoring historic sites and buildings

that are—

(i) located in the Heritage Area; and

(ii) related to the themes of the Heritage Area;

(F) ensuring that clear, consistent, and appropriate

signs identifying points of public access and sites of interest

are installed throughout the Heritage Area; and

(G) promoting a wide range of partnerships among

governments, organizations, and individuals to further the

purposes of the Heritage Area;

(2) in preparing and implementing the management plan,

consider the interests of diverse units of government,

businesses, organizations, and individuals in the Heritage Area;

(3) conduct public meetings at least semiannually regarding

the development and implementation of the management plan;

(4) for any fiscal year for which Federal funds are received

under this subtitle—

Public meetings.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1843

(A) submit to the Secretary a report that describes

for the year—

(i) the accomplishments of the local coordinating

entity;

(ii) the expenses and income of the local coordinating entity; and

(iii) each entity to which a grant was made;

(B) make available for audit all information relating

to the expenditure of the funds and any matching funds;

and

(C) require, for all agreements authorizing expenditures of Federal funds by any entity, that the receiving

entity make available for audit all records and other

information relating to the expenditure of the funds;

(5) encourage, by appropriate means, economic viability

that is consistent with the purposes of the Heritage Area;

and

(6) maintain headquarters for the local coordinating entity

at Morristown National Historical Park and in Mercer County.

(c) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—

(1) FEDERAL FUNDS.—The local coordinating entity shall

not use Federal funds made available under this subtitle to

acquire real property or any interest in real property.

(2) OTHER FUNDS.—Notwithstanding paragraph (1), the

local coordinating entity may acquire real property or an

interest in real property using any other source of funding,

including other Federal funding.

SEC. 297F. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL

AGENCIES.

(a) TECHNICAL AND FINANCIAL ASSISTANCE.—

(1) IN GENERAL.—On the request of the local coordinating

entity, the Secretary may provide technical and financial assistance to the Heritage Area for the development and implementation of the management plan.

(2) PRIORITY FOR ASSISTANCE.—In providing assistance

under paragraph (1), the Secretary shall give priority to actions

that assist in—

(A) conserving the significant cultural, historic, natural, and scenic resources of the Heritage Area; and

(B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the

Heritage Area.

(3) OPERATIONAL ASSISTANCE.—Subject to the availability

of appropriations, the Superintendent of Morristown National

Historical Park may, on request, provide to public and private

organizations in the Heritage Area, including the local coordinating entity, any operational assistance that is appropriate

for the purpose of supporting the implementation of the

management plan.

(4) PRESERVATION OF HISTORIC PROPERTIES.—To carry out

the purposes of this subtitle, the Secretary may provide assistance to a State or local government or nonprofit organization

to provide for the appropriate treatment of—

(A) historic objects; or

(B) structures that are listed or eligible for listing

on the National Register of Historic Places.

Records.

Reports.

120 STAT. 1844 PUBLIC LAW 109–338—OCT. 12, 2006

(5) COOPERATIVE AGREEMENTS.—The Secretary may enter

into cooperative agreements with the local coordinating entity

and other public or private entities to carry out this subsection.

(b) OTHER FEDERAL AGENCIES.—Any Federal agency conducting

or supporting an activity that directly affects the Heritage Area

shall—

(1) consult with the Secretary and the local coordinating

entity regarding the activity;

(2)(A) cooperate with the Secretary and the local coordinating entity in carrying out the of the Federal agency under

this subtitle; and

(B) to the maximum extent practicable, coordinate the

activity with the carrying out of those duties; and

(3) to the maximum extent practicable, conduct the activity

to avoid adverse effects on the Heritage Area.

SEC. 297G. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There is authorized to be appropriated to

carry out this subtitle $10,000,000, of which not more than

$1,000,000 may be authorized to be appropriated for any fiscal

year.

(b) COST-SHARING REQUIREMENT.—The Federal share of the

cost of any activity assisted under this subtitle shall be not more

than 50 percent.

SEC. 297H. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance under

this subtitle terminates on the date that is 15 years after the

date of enactment of this Act.

SEC. 297I. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

(a) NOTIFICATION AND CONSENT OF PROPERTY OWNERS

REQUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the Heritage

Area until the owner of that private property has been notified

in writing by the management entity and has given written consent

for such preservation, conservation, or promotion to the management entity.

(b) LANDOWNER WITHDRAW.—Any owner of private property

included within the boundary of the Heritage Area shall have

their property immediately removed from the boundary by submitting a written request to the management entity.

SEC. 297J. PRIVATE PROPERTY PROTECTION.

(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this title shall

be construed to—

(1) require any private property owner to allow public

access (including Federal, State, or local government access)

to such private property; or

(2) modify any provision of Federal, State, or local law

with regard to public access to or use of private property.

(b) LIABILITY.—Designation of the Heritage Area shall not be

considered to create any liability, or to have any effect on any

liability under any other law, of any private property owner with

respect to any persons injured on such private property.

(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.— Nothing in this title shall be construed to modify the authority

of Federal, State, or local governments to regulate land use.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1845

(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE

AREA.—Nothing in this title shall be construed to require the owner

of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area.

(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for

the Heritage Area represent the area within which Federal funds

appropriated for the purpose of this title may be expended. The

establishment of the Heritage Area and its boundaries shall not

be construed to provide any nonexisting regulatory authority on

land use within the Heritage Area or its viewshed by the Secretary,

the National Park Service, or the management entity.

TITLE III—NATIONAL HERITAGE AREA

STUDIES

Subtitle A—Western Reserve Heritage Area

Study

SEC. 301. SHORT TITLE.

This subtitle may be cited as the ‘‘Western Reserve Heritage

Areas Study Act’’.

SEC. 302. NATIONAL PARK SERVICE STUDY REGARDING THE WESTERN

RESERVE, OHIO.

(a) FINDINGS.—The Congress finds the following:

(1) The area that encompasses the modern-day counties

of Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake,

Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and

Ashland in Ohio with the rich history in what was once the

Western Reserve, has made a unique contribution to the cultural, political, and industrial development of the United States.

(2) The Western Reserve is distinctive as the land settled

by the people of Connecticut after the Revolutionary War. The

Western Reserve holds a unique mark as the original wilderness

land of the West that many settlers migrated to in order to

begin life outside of the original 13 colonies.

(3) The Western Reserve played a significant role in providing land to the people of Connecticut whose property and

land was destroyed during the Revolution. These settlers were

descendants of the brave immigrants who came to the Americas

in the 17th century.

(4) The Western Reserve offered a new destination for

those who moved west in search of land and prosperity. The

agricultural and industrial base that began in the Western

Reserve still lives strong in these prosperous and historical

counties.

(5) The heritage of the Western Reserve remains transfixed

in the counties of Trumbull, Mahoning, Ashtabula, Portage,

Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain,

Erie, Ottawa, and Ashland in Ohio. The people of these counties

are proud of their heritage as shown through the unwavering

attempts to preserve agricultural land and the industrial

foundation that has been embedded in this region since the

Western Reserve

Heritage Areas

Study Act.

Ohio.

120 STAT. 1846 PUBLIC LAW 109–338—OCT. 12, 2006

establishment of the Western Reserve. Throughout these counties, historical sites, and markers preserve the unique traditions

and customs of its original heritage.

(6) The counties that encompass the Western Reserve continue to maintain a strong connection to its historic past as

seen through its preservation of its local heritage, including

historic homes, buildings, and centers of public gatherings.

(7) There is a need for assistance for the preservation

and promotion of the significance of the Western Reserve as

the natural, historic and cultural heritage of the counties of

Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa and Ashland in Ohio.

(8) The Department of the Interior is responsible for protecting the Nation’s cultural and historical resources. There

are significant examples of such resources within these counties

and what was once the Western Reserve to merit the involvement of the Federal Government in the development of programs and projects, in cooperation with the State of Ohio

and other local governmental entities, to adequately conserve,

protect, and interpret this heritage for future generations, while

providing opportunities for education and revitalization.

(b) STUDY.—

(1) IN GENERAL.—The Secretary, acting through the

National Park Service Rivers, Trails, and Conservation Assistance Program, Midwest Region, and in consultation with the

State of Ohio, the counties of Trumbull, Mahoning, Ashtabula,

Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron,

Lorain, Erie, Ottawa, and Ashland, and other appropriate

organizations, shall carry out a study regarding the suitability

and feasibility of establishing the Western Reserve Heritage

Area in these counties in Ohio.

(2) CONTENTS.—The study shall include analysis and documentation regarding whether the Study Area—

(A) has an assemblage of natural, historic, and cultural

resources that together represent distinctive aspects of

American heritage worthy of recognition, conservation,

interpretation, and continuing use, and are best managed

through partnerships among public and private entities

and by combining diverse and sometimes noncontiguous

resources and active communities;

(B) reflects traditions, customs, beliefs, and folklife

that are a valuable part of the national story;

(C) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features;

(D) provides outstanding recreational and educational

opportunities;

(E) contains resources important to the identified

theme or themes of the Study Area that retain a degree

of integrity capable of supporting interpretation;

(F) includes residents, business interests, nonprofit

organizations, and local and State governments that are

involved in the planning, have developed a conceptual

financial plan that outlines the roles for all participants,

including the Federal Government, and have demonstrated

support for the concept of a national heritage area;

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1847

(G) has a potential local coordinating entity to work

in partnership with residents, business interests, nonprofit

organizations, and local and State governments to develop

a national heritage area consistent with continued local

and State economic activity;

(H) has a conceptual boundary map that is supported

by the public; and

(I) has potential or actual impact on private property

located within or abutting the Study Area.

(c) BOUNDARIES OF THE STUDY AREA.—The Study Area shall

be comprised of the counties of Trumbull, Mahoning, Ashtabula,

Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain,

Erie, Ottawa, and Ashland in Ohio.

Subtitle B—St. Croix National Heritage

Area Study

SEC. 311. SHORT TITLE.

This subtitle may be cited as the ‘‘St. Croix National Heritage

Area Study Act’’.

SEC. 312. STUDY.

(a) IN GENERAL.—The Secretary of the Interior, in consultation

with appropriate State historic preservation officers, States historical societies, and other appropriate organizations, shall conduct

a study regarding the suitability and feasibility of designating the

island of St. Croix as the St. Croix National Heritage Area. The

study shall include analysis, documentation, and determination

regarding whether the island of St. Croix—

(1) has an assemblage of natural, historic, and cultural

resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining

diverse and sometimes noncontiguous resources and active

communities;

(2) reflects traditions, customs, beliefs, and folklife that

are a valuable part of the national story;

(3) provides outstanding opportunities to conserve natural,

historic, cultural, or scenic features;

(4) provides outstanding recreational and educational

opportunities;

(5) contains resources important to the identified theme

or themes of the island of St. Croix that retain a degree of

integrity capable of supporting interpretation;

(6) includes residents, business interests, nonprofit

organizations, and local and State governments that are

involved in the planning, have developed a conceptual financial

plan that outlines the roles of all participants (including the

Federal Government), and have demonstrated support for the

concept of a national heritage area;

(7) has a potential local coordinating entity to work in

partnership with residents, business interests, nonprofit

organizations, and local and State governments to develop a

national heritage area consistent with continued local and State

economic activity; and

St. Croix

National

Heritage Area

Study Act.

120 STAT. 1848 PUBLIC LAW 109–338—OCT. 12, 2006

(8) has a conceptual boundary map that is supported by

the public.

(b) REPORT.—Not later than 3 fiscal years after the date on

which funds are first made available for this section, the Secretary

of the Interior shall submit to the Committee on Resources of

the House of Representatives and the Committee on Energy and

Natural Resources of the Senate a report on the findings, conclusions, and recommendations of the study.

(c) PRIVATE PROPERTY.—In conducting the study required by

this section, the Secretary of the Interior shall analyze the potential

impact that designation of the area as a national heritage area

is likely to have on land within the proposed area or bordering

the proposed area that is privately owned at the time that the

study is conducted.

Subtitle C—Southern Campaign of the

Revolution

SEC. 321. SHORT TITLE.

This subtitle may be cited as the ‘‘Southern Campaign of the

Revolution Heritage Area Study Act’’.

SEC. 322. SOUTHERN CAMPAIGN OF THE REVOLUTION HERITAGE AREA

STUDY.

(a) STUDY.—The Secretary of the Interior, in consultation with

appropriate State historic preservation officers, States historical

societies, the South Carolina Department of Parks, Recreation, and

Tourism, and other appropriate organizations, shall conduct a study

regarding the suitability and feasibility of designating the study

area described in subsection (b) as the Southern Campaign of the

Revolution Heritage Area. The study shall include analysis, documentation, and determination regarding whether the study area—

(1) has an assemblage of natural, historic, and cultural

resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining

diverse and sometimes noncontiguous resources and active

communities;

(2) reflects traditions, customs, beliefs, and folklife that

are a valuable part of the national story;

(3) provides outstanding opportunities to conserve natural,

historic, cultural, or scenic features;

(4) provides outstanding recreational and educational

opportunities;

(5) contains resources important to the identified theme

or themes of the study area that retain a degree of integrity

capable of supporting interpretation;

(6) includes residents, business interests, nonprofit

organizations, and local and State governments that are

involved in the planning, have developed a conceptual financial

plan that outlines the roles of all participants (including the

Federal Government), and have demonstrated support for the

concept of a national heritage area;

(7) has a potential local coordinating entity to work in

partnership with residents, business interests, nonprofit

Southern

Campaign of the

Revolution

Heritage Area

Study Act.

South Carolina.

North Carolina.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1849

organizations, and local and State governments to develop a

national heritage area consistent with continued local and State

economic activity; and

(8) has a conceptual boundary map that is supported by

the public.

(b) STUDY AREA.—

(1) IN GENERAL.—

(A) SOUTH CAROLINA.—The study area shall include

the following counties in South Carolina: Anderson,

Pickens, Greenville County, Spartanburg, Cherokee

County, Greenwood, Laurens, Union, York, Chester, Darlington, Florence, Chesterfield, Marlboro, Fairfield, Richland, Lancaster, Kershaw, Sumter, Orangeburg, Georgetown, Dorchester, Colleton, Charleston, Beaufort, Calhoun,

Clarendon, and Williamsburg.

(B) NORTH CAROLINA.—The study area may include

sites and locations in North Carolina as appropriate.

(2) SPECIFIC SITES.—The heritage area may include the

following sites of interest:

(A) NATIONAL PARK SERVICE SITE.—Kings Mountain

National Military Park, Cowpens National Battlefield, Fort

Moultrie National Monument, Charles Pickney National

Historic Site, and Ninety Six National Historic Site as

well as the National Park Affiliate of Historic Camden

Revolutionary War Site.

(B) STATE-MAINTAINED SITES.—Colonial Dorchester

State Historic Site, Eutaw Springs Battle Site, Hampton

Plantation State Historic Site, Landsford Canal State Historic Site, Andrew Jackson State Park, and Musgrove Mill

State Park.

(C) COMMUNITIES.—Charleston, Beaufort, Georgetown,

Kingstree, Cheraw, Camden, Winnsboro, Orangeburg, and

Cayce.

(D) OTHER KEY SITES OPEN TO THE PUBLIC.—Middleton

Place, Goose Creek Church, Hopsewee Plantation, Walnut

Grove Plantation, Fort Watson, and Historic Brattonsville.

(c) REPORT.—Not later than 3 fiscal years after the date on

which funds are first made available to carry out this subtitle,

the Secretary of the Interior shall submit to the Committee on

Resources of the House of Representatives and the Committee on

Energy and Natural Resources of the Senate a report on the

findings, conclusions, and recommendations of the study.

SEC. 323. PRIVATE PROPERTY.

In conducting the study required by this subtitle, the Secretary

of the Interior shall analyze the potential impact that designation

of the area as a national heritage area is likely to have on land

within the proposed area or bordering the proposed area that is

privately owned at the time that the study is conducted.

120 STAT. 1850 PUBLIC LAW 109–338—OCT. 12, 2006

TITLE IV—ILLINOIS AND MICHIGAN

CANAL NATIONAL HERITAGE CORRIDOR ACT AMENDMENTS

SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘Illinois and Michigan Canal

National Heritage Corridor Act Amendments of 2006’’.

SEC. 402. TRANSITION AND PROVISIONS FOR NEW LOCAL COORDINATING ENTITY.

The Illinois and Michigan Canal National Heritage Corridor

Act of 1984 (Public Law 98–398; 16 U.S.C. 461 note) is amended

as follows:

(1) In section 103—

(A) in paragraph (8), by striking ‘‘and’’;

(B) in paragraph (9), by striking the period and

inserting ‘‘; and’’; and

(C) by adding at the end the following:

‘‘(10) the term ‘Association’ means the Canal Corridor

Association (an organization described under section 501(c)(3)

of the Internal Revenue Code of 1986 and exempt from taxation

under section 501(a) of such Code).’’.

(2) By adding at the end of section 112 the following

new paragraph:

‘‘(7) The Secretary shall enter into a memorandum of understanding with the Association to help ensure appropriate transition of the local coordinating entity to the Association and

coordination with the Association regarding that role.’’.

(3) By adding at the end the following new sections:

‘‘SEC. 119. ASSOCIATION AS LOCAL COORDINATING ENTITY.

‘‘Upon the termination of the Commission, the local coordinating entity for the corridor shall be the Association.

‘‘SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION.

‘‘For purposes of preparing and implementing the management

plan developed under section 121, the Association may use Federal

funds made available under this title—

‘‘(1) to make loans and grants to, and enter into cooperative

agreements with, States and their political subdivisions, private

organizations, or any person;

‘‘(2) to hire, train, and compensate staff; and

‘‘(3) to enter into contracts for goods and services.

‘‘SEC. 121. DUTIES OF THE ASSOCIATION.

‘‘The Association shall—

‘‘(1) develop and submit to the Secretary for approval under

section 123 a proposed management plan for the corridor not

later than 2 years after Federal funds are made available

for this purpose;

‘‘(2) give priority to implementing actions set forth in the

management plan, including taking steps to assist units of

local government, regional planning organizations, and other

organizations—

‘‘(A) in preserving the corridor;

Deadline.

Memorandum.

16 USC 461 note.

16 USC 461 note.

Illinois and

Michigan Canal

National

Heritage

Corridor Act

Amendments of

2006.

16 USC 461 note.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1851

‘‘(B) in establishing and maintaining interpretive

exhibits in the corridor;

‘‘(C) in developing recreational resources in the corridor;

‘‘(D) in increasing public awareness of and appreciation

for the natural, historical, and architectural resources and

sites in the corridor; and

‘‘(E) in facilitating the restoration of any historic

building relating to the themes of the corridor;

‘‘(3) encourage by appropriate means economic viability

in the corridor consistent with the goals of the management

plan;

‘‘(4) consider the interests of diverse governmental, business, and other groups within the corridor;

‘‘(5) conduct public meetings at least quarterly regarding

the implementation of the management plan;

‘‘(6) submit substantial changes (including any increase

of more than 20 percent in the cost estimates for implementation) to the management plan to the Secretary; and

‘‘(7) for any year in which Federal funds have been received

under this title—

‘‘(A) submit an annual report to the Secretary setting

forth the Association’s accomplishments, expenses and

income, and the identity of each entity to which any loans

and grants were made during the year for which the report

is made;

‘‘(B) make available for audit all records pertaining

to the expenditure of such funds and any matching funds;

and

‘‘(C) require, for all agreements authorizing expenditure of Federal funds by other organizations, that the

receiving organizations make available for audit all records

pertaining to the expenditure of such funds.

‘‘SEC. 122. USE OF FEDERAL FUNDS.

‘‘(a) IN GENERAL.—The Association shall not use Federal funds

received under this title to acquire real property or an interest

in real property.

‘‘(b) OTHER SOURCES.—Nothing in this title precludes the

Association from using Federal funds from other sources for authorized purposes.

‘‘SEC. 123. MANAGEMENT PLAN.

‘‘(a) PREPARATION OF MANAGEMENT PLAN.—Not later than 2

years after the date that Federal funds are made available for

this purpose, the Association shall submit to the Secretary for

approval a proposed management plan that shall—

‘‘(1) take into consideration State and local plans and

involve residents, local governments and public agencies, and

private organizations in the corridor;

‘‘(2) present comprehensive recommendations for the corridor’s conservation, funding, management, and development;

‘‘(3) include actions proposed to be undertaken by units

of government and nongovernmental and private organizations

to protect the resources of the corridor;

‘‘(4) specify the existing and potential sources of funding

to protect, manage, and develop the corridor; and

‘‘(5) include—

Recommendations.

Deadline.

Records.

Records.

Reports.

Public meetings.

120 STAT. 1852 PUBLIC LAW 109–338—OCT. 12, 2006

‘‘(A) identification of the geographic boundaries of the

corridor;

‘‘(B) a brief description and map of the corridor’s overall

concept or vision that show key sites, visitor facilities and

attractions, and physical linkages;

‘‘(C) identification of overall goals and the strategies

and tasks intended to reach them, and a realistic schedule

for completing the tasks;

‘‘(D) a listing of the key resources and themes of the

corridor;

‘‘(E) identification of parties proposed to be responsible

for carrying out the tasks;

‘‘(F) a financial plan and other information on costs

and sources of funds;

‘‘(G) a description of the public participation process

used in developing the plan and a proposal for public

participation in the implementation of the management

plan;

‘‘(H) a mechanism and schedule for updating the plan

based on actual progress;

‘‘(I) a bibliography of documents used to develop the

management plan; and

‘‘(J) a discussion of any other relevant issues relating

to the management plan.

‘‘(b) DISQUALIFICATION FROM FUNDING.—If a proposed management plan is not submitted to the Secretary within 2 years after

the date that Federal funds are made available for this purpose,

the Association shall be ineligible to receive additional funds under

this title until the Secretary receives a proposed management plan

from the Association.

‘‘(c) APPROVAL OF MANAGEMENT PLAN.—The Secretary shall

approve or disapprove a proposed management plan submitted

under this title not later than 180 days after receiving such proposed

management plan. If action is not taken by the Secretary within

the time period specified in the preceding sentence, the management

plan shall be deemed approved. The Secretary shall consult with

the local entities representing the diverse interests of the corridor

including governments, natural and historic resource protection

organizations, educational institutions, businesses, recreational

organizations, community residents, and private property owners

prior to approving the management plan. The Association shall

conduct semi-annual public meetings, workshops, and hearings to

provide adequate opportunity for the public and local and governmental entities to review and to aid in the preparation and

implementation of the management plan.

‘‘(d) EFFECT OF APPROVAL.—Upon the approval of the management plan as provided in subsection (c), the management plan

shall supersede the conceptual plan contained in the National Park

Service report.

‘‘(e) ACTION FOLLOWING DISAPPROVAL.—If the Secretary disapproves a proposed management plan within the time period specified in subsection (c), the Secretary shall advise the Association

in writing of the reasons for the disapproval and shall make recommendations for revisions to the proposed management plan.

‘‘(f) APPROVAL OF AMENDMENTS.—The Secretary shall review

and approve all substantial amendments (including any increase

of more than 20 percent in the cost estimates for implementation)

Recommendations.

Public meetings.

Deadline.

Deadline.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1853

to the management plan. Funds made available under this title

may not be expended to implement any changes made by a substantial amendment until the Secretary approves that substantial

amendment.

‘‘SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL

AGENCIES.

‘‘(a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon the request

of the Association, the Secretary may provide technical assistance,

on a reimbursable or nonreimbursable basis, and financial assistance to the Association to develop and implement the management

plan. The Secretary is authorized to enter into cooperative agreements with the Association and other public or private entities

for this purpose. In assisting the Association, the Secretary shall

give priority to actions that in general assist in—

‘‘(1) conserving the significant natural, historic, cultural,

and scenic resources of the corridor; and

‘‘(2) providing educational, interpretive, and recreational

opportunities consistent with the purposes of the corridor.

‘‘(b) DUTIES OF OTHER FEDERAL AGENCIES.—Any Federal agency

conducting or supporting activities directly affecting the corridor

shall—

‘‘(1) consult with the Secretary and the Association with

respect to such activities;

‘‘(2) cooperate with the Secretary and the Association in

carrying out their duties under this title;

‘‘(3) to the maximum extent practicable, coordinate such

activities with the carrying out of such duties; and

‘‘(4) to the maximum extent practicable, conduct or support

such activities in a manner which the Association determines

is not likely to have an adverse effect on the corridor.

‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—To carry out this title there is authorized

to be appropriated $10,000,000, except that not more than

$1,000,000 may be appropriated to carry out this title for any

fiscal year.

‘‘(b) 50 PERCENT MATCH.—The Federal share of the cost of

activities carried out using any assistance or grant under this

title shall not exceed 50 percent of that cost.

‘‘SEC. 126. SUNSET.

‘‘The authority of the Secretary to provide assistance under

this title terminates on the date that is 15 years after the date

of enactment of this section.’’.

SEC. 403. PRIVATE PROPERTY PROTECTION.

The Illinois and Michigan Canal National Heritage Corridor

Act of 1984 is further amended by adding after section 126 (as

added by section 402) the following new sections:

‘‘SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

‘‘(a) NOTIFICATION AND CONSENT OF PROPERTY OWNERS

REQUIRED.—No privately owned property shall be preserved, conserved, or promoted by the management plan for the corridor until

the owner of that private property has been notified in writing

by the Association and has given written consent for such preservation, conservation, or promotion to the Association.

Contracts.

120 STAT. 1854 PUBLIC LAW 109–338—OCT. 12, 2006

‘‘(b) LANDOWNER WITHDRAWAL.—Any owner of private property

included within the boundary of the corridor, and not notified

under subsection (a), shall have their property immediately removed

from the boundary of the corridor by submitting a written request

to the Association.

‘‘SEC. 128. PRIVATE PROPERTY PROTECTION.

‘‘(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this title shall

be construed to—

‘‘(1) require any private property owner to allow public

access (including Federal, State, or local government access)

to such private property; or

‘‘(2) modify any provision of Federal, State, or local law

with regard to public access to or use of private property.

‘‘(b) LIABILITY.—Designation of the corridor shall not be considered to create any liability, or to have any effect on any liability

under any other law, of any private property owner with respect

to any persons injured on such private property.

‘‘(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—

Nothing in this title shall be construed to modify the authority

of Federal, State, or local governments to regulate land use.

‘‘(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN CORRIDOR.—Nothing in this title shall be construed to require the

owner of any private property located within the boundaries of

the corridor to participate in or be associated with the corridor.

‘‘(e) EFFECT OF ESTABLISHMENT.—The boundaries designated

for the corridor represent the area within which Federal funds

appropriated for the purpose of this title may be expended. The

establishment of the corridor and its boundaries shall not be construed to provide any nonexisting regulatory authority on land

use within the corridor or its viewshed by the Secretary, the

National Park Service, or the Association.’’.

SEC. 404. TECHNICAL AMENDMENTS.

Section 116 of Illinois and Michigan Canal National Heritage

Corridor Act of 1984 is amended—

(1) by striking subsection (b); and

(2) in subsection (a)—

(A) by striking ‘‘(a)’’ and all that follows through ‘‘For

each’’ and inserting ‘‘(a) For each’’;

(B) by striking ‘‘Commission’’ and inserting ‘‘Association’’;

(C) by striking ‘‘Commission’s’’ and inserting ‘‘Association’s’’;

(D) by redesignating paragraph (2) as subsection (b);

and

(E) by redesignating subparagraphs (A) and (B) as

paragraphs (1) and (2), respectively.

TITLE V—MOKELUMNE RIVER

FEASIBILITY STUDY

SEC. 501. AUTHORIZATION OF MOKELUMNE RIVER REGIONAL WATER

STORAGE AND CONJUNCTIVE USE PROJECT STUDY.

Pursuant to the Reclamation Act of 1902 (32 Stat. 388) and

Acts amendatory thereof and supplemental thereto, not later than

Deadline.

16 USC 461 note.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1855

2 years after the date of the enactment of this Act, the Secretary

of the Interior (hereafter in this title referred to as the ‘‘Secretary’’),

through the Bureau of Reclamation, and in consultation and

cooperation with the Mokelumne River Water and Power Authority,

shall complete and submit to the Committee on Resources of the

House of Representatives and the Committee on Energy and Natural Resources of the Senate copies of a study to determine the

feasibility of constructing a project to provide additional water

supply and improve water management reliability through the

development of new water storage and conjunctive use programs.

SEC. 502. USE OF REPORTS AND OTHER INFORMATION.

In developing the study under section 501, the Secretary shall

use, as appropriate, reports and any other relevant information

supplied by the Mokelumne River Water and Power Authority,

the East Bay Municipal Utility District, and other Mokelumne

River Forum stakeholders.

SEC. 503. COST SHARES.

(a) FEDERAL SHARE.—The Federal share of the costs of the

study conducted under this title shall not exceed 50 percent of

the total cost of the study.

(b) IN-KIND CONTRIBUTIONS.—The Secretary shall accept, as

appropriate, such in-kind contributions of goods or services from

the Mokelumne River Water and Power Authority as the Secretary

determines will contribute to the conduct and completion of the

study conducted under this title. Goods and services accepted under

this section shall be counted as part of the non-Federal cost share

for that study.

SEC. 504. WATER RIGHTS.

Nothing in this title shall be construed to invalidate, preempt,

or create any exception to State water law, State water rights,

or Federal or State permitted activities or agreements.

SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Secretary

$3,300,000 for the Federal cost share of the study conducted under

this title.

TITLE VI—DELAWARE NATIONAL

COASTAL SPECIAL RESOURCES STUDY

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Delaware National Coastal

Special Resources Study Act’’.

SEC. 602. STUDY.

(a) IN GENERAL.—The Secretary of the Interior (referred to

in this title as the ‘‘Secretary’’) shall conduct a special resources

study of the national significance, suitability, and feasibility of

including sites in the coastal region of the State of Delaware in

the National Park System.

(b) INCLUSION OF SITES IN THE NATIONAL PARK SYSTEM.—

The study under subsection (a) shall include an analysis and any

recommendations of the Secretary concerning the suitability and

feasibility of designating 1 or more of the sites along the Delaware

Delaware

National Coastal

Special

Resources Study

Act.

120 STAT. 1856 PUBLIC LAW 109–338—OCT. 12, 2006

coast, including Fort Christina, as a unit of the National Park

System that relates to the themes described in section 603.

(c) STUDY GUIDELINES.—In conducting the study authorized

under subsection (a), the Secretary shall use the criteria for the

study of areas for potential inclusion in the National Park System

contained in section 8 of Public Law 91–383 (16 U.S.C. 1a–5).

(d) CONSULTATION.—In preparing and conducting the study

under subsection (a), the Secretary shall consult with—

(1) the State of Delaware;

(2) the coastal region communities;

(3) owners of private property that would likely be impacted

by a National Park Service designation; and

(4) the general public.

SEC. 603. THEMES.

The study authorized under section 602 shall evaluate sites

along the coastal region of the State of Delaware that relate to—

(1) the history of indigenous peoples, which would explore

the history of Native American tribes of Delaware, such as

the Nanticoke and Lenni Lenape;

(2) the colonization and establishment of the frontier, which

would chronicle the first European settlers in the Delaware

Valley who built fortifications for the protection of settlers,

such as Fort Christina;

(3) the founding of a nation, which would document the

contributions of Delaware to the development of our constitutional republic;

(4) industrial development, which would investigate the

exploitation of water power in Delaware with the mill development on the Brandywine River;

(5) transportation, which would explore how water served

as the main transportation link, connecting Colonial Delaware

with England, Europe, and other colonies;

(6) coastal defense, which would document the collection

of fortifications spaced along the river and bay from Fort Delaware on Pea Patch Island to Fort Miles near Lewes;

(7) the last stop to freedom, which would detail the role

Delaware has played in the history of the Underground Railroad

network; and

(8) the coastal environment, which would examine natural

resources of Delaware that provide resource-based recreational

opportunities such as crabbing, fishing, swimming, and boating.

SEC. 604. REPORT.

Not later than 2 years after funds are made available to carry

out this title under section 605, the Secretary shall submit to

the Committee on Energy and Natural Resources of the Senate

and the Committee on Resources of the House of Representatives

a report containing the findings, conclusions, and recommendations

of the study conducted under section 602.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1857

TITLE VII—JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL

HERITAGE CORRIDOR REAUTHORIZATION

SEC. 701. SHORT TITLE.

This title may be cited as the ‘‘John H. Chafee Blackstone

River Valley National Heritage Corridor Reauthorization Act of

2006’’.

SEC. 702. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL

HERITAGE CORRIDOR.

(a) COMMISSION MEMBERSHIP.—Section 3(b) of Public Law 99–

647 (16 U.S.C. 461 note) is amended—

(1) by striking ‘‘nineteen members’’ and inserting ‘‘25 members’’;

(2) in paragraph (2)—

(A) by striking ‘‘six’’ and inserting ‘‘6’’; and

(B) by striking ‘‘Department of Environmental Management Directors from Rhode Island and Massachusetts’’ and

inserting ‘‘the Director of the Rhode Island Department

of Environmental Management and the Secretary of the

Massachusetts Executive Office of Environmental Affairs’’;

(3) in paragraph (3)—

(A) by striking ‘‘four’’ each place it appears and

inserting ‘‘5’’; and

(B) by striking ‘‘and’’ after the semicolon;

(4) in paragraph (4)—

(A) by striking ‘‘two’’ each place it appears and

inserting ‘‘3’’; and

(B) by striking the period and inserting ‘‘; and’’; and

(5) by inserting after paragraph (4) the following:

‘‘(5) 1 representative of a nongovernmental organization

from Massachusetts and 1 from Rhode Island, to be appointed

by the Secretary, which have expertise in historic preservation,

conservation, outdoor recreation, cultural conservation, traditional arts, community development, or tourism.’’.

(b) QUORUM.—Section 3(f)(1) of Public Law 99–647 (16 U.S.C.

461 note) is amended by striking ‘‘Ten’’ and inserting ‘‘13’’.

(c) UPDATE OF PLAN.—Section 6 of Public Law 99–647 (16

U.S.C. 461 note) is amended by adding at the end the following:

‘‘(e) UPDATE OF PLAN.—(1) Not later than 2 years after the

date of enactment of this subsection, the Commission shall update

the plan under subsection (a).

‘‘(2) In updating the plan under paragraph (1), the Commission

shall take into account the findings and recommendations included

in the Blackstone Sustainability Study conducted by the National

Park Service Conservation Study Institute.

‘‘(3) The update shall include—

‘‘(A) performance goals; and

‘‘(B) an analysis of—

‘‘(i) options for preserving, enhancing, and interpreting

the resources of the Corridor;

‘‘(ii) the partnerships that sustain those resources; and

‘‘(iii) the funding program for the Corridor.

Deadline.

16 USC 461 note.

16 USC 461 note.

John H. Chafee

Blackstone River

Valley National

Heritage

Corridor

Reauthorization

Act of 2006.

120 STAT. 1858 PUBLIC LAW 109–338—OCT. 12, 2006

‘‘(4)(A) Except as provided in subparagraph (B), the Secretary

shall approve or disapprove any changes to the plan proposed

in the update in accordance with subsection (b).

‘‘(B) Minor revisions to the plan shall not be subject to the

approval of the Secretary.’’.

(d) EXTENSION OF COMMISSION.—Public Law 99–647 (16 U.S.C.

461 note) is amended by striking section 7 and inserting the following:

‘‘SEC. 7. TERMINATION OF COMMISSION.

‘‘The Commission shall terminate on the date that is 5 years

after the date of enactment of the John H. Chafee Blackstone

River Valley National Heritage Corridor Reauthorization Act of

2006.’’.

(e) SPECIAL RESOURCE STUDY.—Section 8 of Public Law 99–

647 (16 U.S.C. 461 note) is amended by adding at the end the

following:

‘‘(d) SPECIAL RESOURCE STUDY.—

‘‘(1) IN GENERAL.—The Secretary shall conduct a special

resource study of sites and associated landscape features within

the boundaries of the Corridor that contribute to the understanding of the Corridor as the birthplace of the industrial

revolution in the United States.

‘‘(2) EVALUATION.—Not later than 3 years after the date

on which funds are made available to carry out this subsection,

the Secretary shall complete the study under paragraph (1)

to evaluate the possibility of—

‘‘(A) designating 1 or more site or landscape feature

as a unit of the National Park System; and

‘‘(B) coordinating and complementing actions by the

Commission, local governments, and State and Federal

agencies, in the preservation and interpretation of significant resources within the Corridor.

‘‘(3) COORDINATION.—The Secretary shall coordinate the

Study with the Commission.

‘‘(4) REPORT.—Not later than 30 days after the date on

which the study under paragraph (1) is completed, the Secretary

shall submit to the Committee on Resources of the House

of Representatives and the Committee on Energy and Natural

Resources of the Senate a report that describes—

‘‘(A) the findings of the study; and

‘‘(B) the conclusions and recommendations of the Secretary.’’.

(f) AUTHORIZATION OF APPROPRIATIONS.—Section 10 of Public

Law 99–647 (16 U.S.C. 461 note) is amended—

(1) in subsection (a), by striking ‘‘$650,000’’ and inserting

‘‘$1,000,000’’; and

(2) by striking subsection (b) and inserting the following:

‘‘(b) DEVELOPMENT FUNDS.—There is authorized to be appropriated to carry out section 8(c) not more than $10,000,000 for

the period of fiscal years 2006 through 2016, to remain available

until expended.

‘‘(c) SPECIAL RESOURCE STUDY.—There are authorized to be

appropriated such sums as are necessary to carry out section 8(d).’’.

Deadline.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1859

SEC. 703. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE.

(a) AUTHORIZATION OF APPROPRIATIONS.—Public Law 100–515

(16 U.S.C. 1244 note) is amended by striking section 6 and inserting

the following:

‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated

to the Secretary such sums as are necessary to carry out this

Act.

‘‘(b) USE OF FUNDS.—

‘‘(1) IN GENERAL.—Amounts made available under subsection (a) shall be used only for—

‘‘(A) technical assistance; and

‘‘(B) the design and fabrication of interpretative materials, devices, and signs.

‘‘(2) LIMITATIONS.—No funds made available under subsection (a) shall be used for—

‘‘(A) operation, repair, or construction costs, except for

the costs of constructing interpretative exhibits; or

‘‘(B) operation, maintenance, or repair costs for any

road or related structure.

‘‘(3) COST-SHARING REQUIREMENT.—

‘‘(A) FEDERAL SHARE.—The Federal share of any project

carried out with amounts made available under subsection

(a)—

‘‘(i) may not exceed 50 percent of the total project

costs; and

‘‘(ii) shall be provided on a matching basis.

‘‘(B) FORM OF NON-FEDERAL SHARE.—The non-Federal

share of carrying out a project with amounts made available

under subsection (a) may be in the form of cash, materials,

or in-kind services, the value of which shall be determined

by the Secretary.

‘‘(c) TERMINATION OF AUTHORITY.—The authorities provided to

the Secretary under this Act shall terminate on September 30,

2007.’’.

(b) STRATEGIC PLAN.—

(1) IN GENERAL.—Not later than 3 years after the date

on which funds are made available, the Secretary of the Interior

shall prepare a strategic plan for the New Jersey Coastal

Heritage Trail Route.

(2) CONTENTS.—The strategic plan shall describe—

(A) opportunities to increase participation by national

and local private and public interests in the planning,

development, and administration of the New Jersey Coastal

Heritage Trail Route; and

(B) organizational options for sustaining the New

Jersey Coastal Heritage Trail Route.

Deadline.

120 STAT. 1860 PUBLIC LAW 109–338—OCT. 12, 2006

TITLE VIII—CALIFORNIA RECLAMATION

GROUNDWATER REMEDIATION INITIATIVE

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘California Reclamation Groundwater Remediation Initiative’’.

SEC. 802. DEFINITIONS.

For the purposes of this title:

(1) GROUNDWATER REMEDIATION.—The term ‘‘groundwater

remediation’’ means actions that are necessary to prevent, minimize, or mitigate damage to groundwater.

(2) LOCAL WATER AUTHORITY.—The term ‘‘local water

authority’’ means the Santa Clara Valley Water District or

a public water district, public water utility, public water planning agency, municipality, or Indian tribe located within the

Santa Clara Valley; and a public water district, public water

utility, public water planning agency, municipality, or Indian

tribe located within the natural watershed of the Santa Ana

river in the State of California.

(3) REMEDIATION FUND.—The term ‘‘Remediation Fund’’

means the California Basins Groundwater Remediation Fund

established pursuant to section 803(a).

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 803. CALIFORNIA BASINS REMEDIATION.

(a) CALIFORNIA BASINS REMEDIATION.—

(1) ESTABLISHMENT OF REMEDIATION FUND.—There shall

be established within the Treasury of the United States an

interest bearing account to be known as the California Basins

Groundwater Remediation Fund.

(2) ADMINISTRATION OF REMEDIATION FUND.—The Remediation Fund shall be administered by the Secretary of the

Interior, acting through the Bureau of Reclamation. The Secretary shall administer the Remediation Fund in cooperation

with the local water authority.

(3) PURPOSES OF REMEDIATION FUND.—

(A) IN GENERAL.—Subject to subparagraph (B), the

amounts in the Remediation Fund, including interest

accrued, shall be used by the Secretary to provide grants

to the local water authority to reimburse the local water

authority for the Federal share of the costs associated

with designing and constructing groundwater remediation

projects to be administered by the local water authority.

(B) COST-SHARING LIMITATION.—

(i) IN GENERAL.—The Secretary may not obligate

any funds appropriated to the Remediation Fund in

a fiscal year until the Secretary has deposited into

the Remediation Fund an amount provided by nonFederal interests sufficient to ensure that at least 35

percent of any funds obligated by the Secretary for

a project are from funds provided to the Secretary

for that project by the non-Federal interests.

California

Reclamation

Groundwater

Remediation

Initiative.

PUBLIC LAW 109–338—OCT. 12, 2006 120 STAT. 1861

(ii) NON-FEDERAL RESPONSIBILITY.—Each local

water authority shall be responsible for providing the

non-Federal amount required by clause (i) for projects

under that local water authority. The State of California, local government agencies, and private entities

may provide all or any portion of the non-Federal

amount.

(iii) CREDITS TOWARD NON-FEDERAL SHARE.—For

purposes of clause (ii), the Secretary shall credit the

appropriate local water authority with the value of

all prior expenditures by non-Federal interests made

after January 1, 2000, that are compatible with the

purposes of this section, including—

(I) all expenditures made by non-Federal

interests to design and construct groundwater

remediation projects, including expenditures associated with environmental analyses and public

involvement activities that were required to implement the groundwater remediation projects in

compliance with applicable Federal and State laws;

and

(II) all expenditures made by non-Federal

interests to acquire lands, easements, rights-ofway, relocations, disposal areas, and water rights

that were required to implement a groundwater

remediation project.

(b) COMPLIANCE WITH APPLICABLE LAW.—In carrying out the

activities described in this section, the Secretary shall comply with

any applicable Federal and State laws.

(c) RELATIONSHIP TO OTHER ACTIVITIES.—Nothing in this section shall be construed to affect other Federal or State authorities

that are being used or may be used to facilitate remediation and

protection of any groundwater subbasin eligible for funding pursuant to this title. In carrying out the activities described in this

section, the Secretary shall integrate such activities with ongoing

Federal and State projects and activities. None of the funds made

available for such activities pursuant to this section shall be counted

against any Federal authorization ceiling established for any previously authorized Federal projects or activities.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the Remediation Fund $25,000,000. Subject

to the limitations in section 804, such funds shall remain available

until expended.

SEC. 804. SUNSET OF AUTHORITY.

This title—

(1) shall take effect on the date of the enactment of this

Act; and

(2) is repealed effective as of the date that is 10 years

after the date of the enactment of this Act.

Effective date.

120 STAT. 1862 PUBLIC LAW 109–338—OCT. 12, 2006

LEGISLATIVE HISTORY—S. 203:

SENATE REPORTS: No. 109–4 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD:

Vol. 151 (2005): July 26, considered and passed Senate.

Vol. 152 (2006): July 24, considered and passed House, amended.

Sept. 29, Senate concurred in House amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):

Oct. 13, Presidential statement.

Æ

TITLE IX—NATIONAL COAL HERITAGE

AREA

SEC. 901. NATIONAL COAL HERITAGE AREA AMENDMENTS.

Title I of Division II of the Omnibus Parks and Public Lands

Management Act of 1996 is amended as follows:

(1) In section 103(b)—

(A) by striking ‘‘comprised of the counties’’ and

inserting ‘‘shall be comprised of the following:

‘‘(1) The counties; and’’.

(B) by inserting after paragraph (1) (as so designated

by paragraph (1) of this subsection) the following new

paragraphs:

‘‘(2) Lincoln County, West Virginia.

‘‘(3) Paint Creek and Cabin Creek within Kanawha County,

West Virginia.’’.

(2) In section 104, by striking ‘‘Governor’’ and all that

follows through ‘‘organizations’’ and inserting ‘‘National Coal

Heritage Area Authority, a public corporation and government

instrumentality established by the State of West Virginia,

pursuant to which the Secretary shall assist the National Coal

Heritage Area Authority’’.

Approved October 12, 2006.

16 USC 461 note.

16 USC 461 note.