69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–388 

CELEBRATING AMERICA’S HERITAGE ACT 

OCTOBER 18, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 1483] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1483) to amend the Omnibus Parks and Public Lands 

Management Act of 1996 to extend the authorization for certain 

national heritage areas, and for other purposes, having considered 

the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Celebrating America’s Heritage Act’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATION EXTENSIONS AND VIABILITY STUDIES 

Sec. 1001. Extensions of authorized appropriations. 

Sec. 1002. Evaluation and report. 

TITLE II—ESTABLISHMENT OF NATIONAL HERITAGE AREAS 

Subtitle A—Journey Through Hallowed Ground National Heritage Area 

Sec. 2001. Short title; table of contents. 

Sec. 2002. Purposes. 

Sec. 2003. Definitions. 

Sec. 2004. Designation of the Journey Through Hallowed Ground National Heritage Area. 


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Sec. 2005. Management plan. 

Sec. 2006. Evaluation; report. 

Sec. 2007. Local coordinating entity. 

Sec. 2008. Relationship to other Federal agencies. 

Sec. 2009. Private property and regulatory protections. 

Sec. 2010. Authorization of appropriations. 

Sec. 2011. Use of Federal funds from other sources. 

Sec. 2012. Sunset for grants and other assistance. 

Subtitle B—Niagara Falls National Heritage Area 

Sec. 2021. Short title; table of contents. 

Sec. 2022. Purposes. 

Sec. 2023. Definitions. 

Sec. 2024. Designation of the Niagara Falls National Heritage Area. 

Sec. 2025. Management plan. 

Sec. 2026. Evaluation; report. 

Sec. 2027. Local coordinating entity. 

Sec. 2028. Niagara Falls Heritage Area Commission. 

Sec. 2029. Relationship to other Federal agencies. 

Sec. 2030. Private property and regulatory protections. 

Sec. 2031. Authorization of appropriations. 

Sec. 2032. Use of Federal funds from other sources. 

Sec. 2033. Sunset for grants and other assistance. 

Subtitle C—Muscle Shoals National Heritage Area 

Sec. 2041. Short title; table of contents. 

Sec. 2042. Purposes. 

Sec. 2043. Definitions. 

Sec. 2044. Designation of Muscle Shoals National Heritage Area. 

Sec. 2045. Management plan. 

Sec. 2046. Evaluation; report. 

Sec. 2047. Local coordinating entity. 

Sec. 2048. Relationship to other Federal agencies. 

Sec. 2049. Private property and regulatory protections. 

Sec. 2050. Authorization of appropriations. 

Sec. 2051. Use of Federal funds from other sources. 

Sec. 2052. Sunset for grants and other assistance. 

Subtitle D—Freedom’s Way National Heritage Area 

Sec. 2061. Short title; table of contents. 

Sec. 2062. Purposes. 

Sec. 2063. Definitions. 

Sec. 2064. Designation of Freedom’s Way National Heritage Area. 

Sec. 2065. Management plan. 

Sec. 2066. Evaluation; report. 

Sec. 2067. Local coordinating entity. 

Sec. 2068. Relationship to other Federal agencies. 

Sec. 2069. Private property and regulatory protections. 

Sec. 2070. Authorization of appropriations. 

Sec. 2071. Use of Federal funds from other sources. 

Sec. 2072. Sunset for grants and other assistance. 

Subtitle E—Abraham Lincoln National Heritage Area 

Sec. 2081. Short title; table of contents. 

Sec. 2082. Purposes. 

Sec. 2083. Definitions. 

Sec. 2084. Designation of Abraham Lincoln National Heritage Area. 

Sec. 2085. Management plan. 

Sec. 2086. Evaluation; report. 

Sec. 2087. Local coordinating entity. 

Sec. 2088. Relationship to other Federal agencies. 

Sec. 2089. Private property and regulatory protections. 

Sec. 2090. Authorization of appropriations. 

Sec. 2091. Use of Federal funds from other sources. 

Sec. 2092. Sunset for grants and other assistance. 

Subtitle F—Santa Cruz Valley National Heritage Area 

Sec. 2111. Short title; table of contents. 

Sec. 2112. Purposes. 

Sec. 2113. Definitions. 

Sec. 2114. Designation of Santa Cruz Valley National Heritage Area. 

Sec. 2115. Management plan. 

Sec. 2116. Evaluation; report. 

Sec. 2117. Local coordinating entity. 

Sec. 2118. Relationship to other Federal agencies. 

Sec. 2119. Private property and regulatory protections. 

Sec. 2120. Authorization of appropriations. 

Sec. 2121. Use of Federal funds from other sources. 

Sec. 2122. Sunset for grants and other assistance. 

TITLE III—STUDY 

Sec. 3001. Study and report of proposed Northern Neck National Heritage Area. 

TITLE IV—TECHNICAL CORRECTIONS AND ADDITIONS 

Sec. 4001. National Coal Heritage Area technical corrections. 

Sec. 4002. Rivers of steel national heritage area addition. 

Sec. 4003. South Carolina National Heritage Corridor addition. 


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Sec. 4004. Ohio and Erie Canal National Heritage Corridor technical corrections. 

Sec. 4005. New Jersey Coastal Heritage trail route extension of authorization. 

Sec. 4006. Erie Canalway National Heritage Corridor technical corrections. 

TITLE V—SENSE OF CONGRESS REGARDING FUNDING 

Sec. 5001. Sense of Congress Regarding Funding. 

TITLE I—AUTHORIZATION EXTENSIONS AND 

VIABILITY STUDIES 

SEC. 1001. EXTENSIONS OF AUTHORIZED APPROPRIATIONS. 

Division II of the Omnibus Parks and Public Lands Management Act of 1996 

(Public Law 104–333; 16 U.S.C. 461 note) is amended in each of sections 108(a), 

209(a), 311(a), 409(a), 508(a), 608(a), 708(a), 810(a) (as redesignated by this Act), 

and 909(c), by striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

SEC. 1002. EVALUATION AND REPORT. 

(a) IN GENERAL.—For the nine National Heritage Areas authorized in Division II 

of the Omnibus Parks and Public Lands Management Act of 1996, not later than 

3 years before the date on which authority for Federal funding terminates for each 

National Heritage Area, the Secretary shall—

(1) conduct an evaluation of the accomplishments of the National Heritage 

Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) EVALUATION.—An evaluation conducted under subsection (a)(1) shall—

(1) assess the progress of the local management entity with respect to—

(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved management plan 

for the National Heritage Area; 

(2) analyze the investments of Federal, State, Tribal, and local government 

and private entities in each National Heritage Area to determine the impact of 

the investments; and 

(3) review the management structure, partnership relationships, and funding 

of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. 

(c) REPORT.—Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United 

States House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report shall include recommendations for the future role 

of the National Park Service, if any, with respect to the National Heritage Area. 

TITLE II—ESTABLISHMENT OF NATIONAL 

HERITAGE AREAS 

Subtitle A—Journey Through Hallowed Ground 

National Heritage Area 

SEC. 2001. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Journey Through Hallowed 

Ground National Heritage Area Act’’. 

(b) TABLE OF CONTENTS.—The table of contents of this subtitle is as follows: 

Sec. 2001. Short title; table of contents. 

Sec. 2002. Purposes. 

Sec. 2003. Definitions. 

Sec. 2004. Designation of the Journey Through Hallowed Ground National Heritage Area. 

Sec. 2005. Management plan. 

Sec. 2006. Evaluation; report. 

Sec. 2007. Local coordinating entity. 

Sec. 2008. Relationship to other Federal agencies. 

Sec. 2009. Private property and regulatory protections. 

Sec. 2010. Authorization of appropriations. 

Sec. 2011. Use of Federal funds from other sources. 

Sec. 2012. Sunset for grants and other assistance. 

SEC. 2002. PURPOSES. 

(a) The purposes of this subtitle include—


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(1) to recognize the national importance of the natural and cultural legacies 

of the area, as demonstrated in the study entitled ‘‘The Journey Through Hallowed Ground National Heritage Area Feasibility Study’’ dated September 2006; 

(2) to preserve, support, conserve, and interpret the legacy of the American 

history created along the National Heritage Area; 

(3) to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public; 

(4) to recognize and interpret important events and geographic locations representing key developments in the creation of America, including Native American, Colonial American, European American, and African American heritage; 

(5) to recognize and interpret the effect of the Civil War on the civilian population of the National Heritage Area during the war and post-war reconstruction period; 

(6) to enhance a cooperative management framework to assist the Commonwealth of Virginia, the State of Maryland, the Commonwealth of Pennsylvania, 

the State of West Virginia, and their units of local government, the private sector, and citizens residing in the National Heritage Area in conserving, supporting, enhancing, and interpreting the significant historic, cultural and recreational sites in the National Heritage Area; and 

(7) to provide appropriate linkages among units of the National Park System 

within and surrounding the National Heritage Area, to protect, enhance, and 

interpret resources outside of park boundaries. 

SEC. 2003. DEFINITIONS. 

In this subtitle—

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

Journey Through Hallowed Ground National Heritage Area established in this 

subtitle. 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means 

the Journey Through Hallowed Ground Partnership, a Virginia non-profit, 

which is hereby designated by Congress—

(A) to develop, in partnership with others, the management plan for the 

National Heritage Area; and 

(B) to act as a catalyst for the implementation of projects and programs 

among diverse partners in the National Heritage Area. 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to 

meet the goals of the National Heritage Area, in accordance with this subtitle. 

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

SEC. 2004. DESIGNATION OF THE JOURNEY THROUGH HALLOWED GROUND NATIONAL HERITAGE AREA. 

(a) ESTABLISHMENT.—There is hereby established the Journey Through Hallowed 

Ground National Heritage Area. 

(b) BOUNDARIES.—

(1) IN GENERAL.—The Heritage Area shall consist of the 175-mile region generally following the Route 15 corridor and surrounding areas from Adams County, Pennsylvania, through Frederick County, Maryland, including the Heart of 

the Civil War Maryland State Heritage Area, looping through Brunswick, Maryland, to Harpers Ferry, West Virginia, back through Loudoun County, Virginia, 

to the Route 15 corridor and surrounding areas encompassing portions of 

Loudoun and Prince William Counties, Virginia, then Fauquier County, Virginia, portions of Spotsylvania and Madison Counties, Virginia, and Culpepper, 

Rappahannock, Orange, and Albemarle Counties, Virginia. 

(2) MAP.—The boundaries of the National Heritage Area shall include all of 

those lands and interests as generally depicted on the map titled ‘‘Journey 

Through Hallowed Ground National Heritage Area’’, numbered P90/80,000, and 

dated October 2006. The map shall be on file and available to the public in the 

appropriate offices of the National Park Service and the local coordinating entity. 

SEC. 2005. MANAGEMENT PLAN. 

(a) REQUIREMENTS.—The management plan for the National Heritage Area 

shall—

(1) describe comprehensive policies, goals, strategies, and recommendations 

for telling the story of the heritage of the area covered by the National Heritage 

Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area; 


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(2) include a description of actions and commitments that Federal, State, 

Tribal, and local governments, private organizations, and citizens will take to 

protect, enhance, interpret, fund, manage, and develop the natural, historical, 

cultural, educational, scenic, and recreational resources of the National Heritage Area; 

(3) specify existing and potential sources of funding or economic development 

strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area; 

(4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed; 

(5) recommend policies and strategies for resource management, including the 

development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, 

educational, scenic, and recreational resources of the National Heritage Area; 

(6) describe a program for implementation for the management plan, including—

(A) performance goals; 

(B) plans for resource protection, enhancement, interpretation, funding, 

management, and development; and 

(C) specific commitments for implementation that have been made by the 

local coordinating entity or any Federal, State, Tribal or local government 

agency, organization, business, or individual; 

(7) include an analysis of, and recommendations for, means by which Federal, 

State, Tribal, and local programs may best be coordinated (including the role 

of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and 

(8) include a business plan that—

(A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and 

(B) provides adequate assurances that the local coordinating entity has 

the partnerships and financial and other resources necessary to implement 

the management plan for the National Heritage Area. 

(b) DEADLINE.—

(1) IN GENERAL.—Not later than 3 years after the date on which funds are 

first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management 

plan to the Secretary for approval. 

(2) TERMINATION OF FUNDING.—If the management plan is not submitted to 

the Secretary in accordance with paragraph (1), the local coordinating entity 

shall not qualify for any additional financial assistance under this subtitle until 

such time as the management plan is submitted to and approved by the Secretary. 

(c) APPROVAL OF MANAGEMENT PLAN.—

(1) REVIEW.—Not later than 180 days after receiving the plan, the Secretary 

shall review and approve or disapprove the management plan for a National 

Heritage Area on the basis of the criteria established under paragraph (3). 

(2) CONSULTATION.—The Secretary shall consult with the Governor of each 

State in which the National Heritage Area is located before approving a management plan for the National Heritage Area. 

(3) CRITERIA FOR APPROVAL.—In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—

(A) the local coordinating entity represents the diverse interests of the 

National Heritage Area, including Federal, State, Tribal, and local governments, natural, and historic resource protection organizations, educational 

institutions, businesses, recreational organizations, community residents, 

and private property owners; 

(B) the local coordinating entity—

(i) has afforded adequate opportunity for public and Federal, State, 

Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and 

(ii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan; 

(C) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if 

implemented, would adequately protect, enhance, interpret, fund, manage, 


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and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area; 

(D) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans; 

(E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan; 

(F) the Secretary has received adequate assurances from the appropriate 

State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and 

(G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional 

planning organizations, nonprofit organizations, or private sector parties for 

implementation of the management plan. 

(4) DISAPPROVAL.—

(A) IN GENERAL.—If the Secretary disapproves the management plan, the 

Secretary—

(i) shall advise the local coordinating entity in writing of the reasons 

for the disapproval; and 

(ii) may make recommendations to the local coordinating entity for 

revisions to the management plan. 

(B) DEADLINE.—Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. 

(5) AMENDMENTS.—

(A) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed 

by the Secretary and approved or disapproved in the same manner as the 

original management plan. 

(B) IMPLEMENTATION.—The local coordinating entity shall not use Federal 

funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment. 

(6) AUTHORITIES.—The Secretary may—

(A) provide technical assistance under the authority of this subtitle for 

the development and implementation of the management plan; and 

(B) enter into cooperative agreements with interested parties to carry out 

this subtitle. 

SEC. 2006. EVALUATION; REPORT. 

(a) IN GENERAL.—Not later than 3 years before the date on which authority for 

Federal funding terminates for the National Heritage Area under this subtitle, the 

Secretary shall—

(1) conduct an evaluation of the accomplishments of the National Heritage 

Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) EVALUATION.—An evaluation conducted under subsection (a)(1) shall—

(1) assess the progress of the local coordinating entity with respect to—

(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved management plan 

for the National Heritage Area; 

(2) analyze the Federal, State, Tribal, local, and private investments in the 

National Heritage Area to determine the impact of the investments; and 

(3) review the management structure, partnership relationships, and funding 

of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. 

(c) REPORT.—Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United 

States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for 

the future role of the National Park Service, if any, with respect to the National 

Heritage Area. 

SEC. 2007. LOCAL COORDINATING ENTITY. 

(a) DUTIES.—To further the purposes of the National Heritage Area, the Journey 

Through Hallowed Ground Partnership, as the local coordinating entity, shall—

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

the management plan to the Secretary, in accordance with this subtitle; 


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(2) submit an annual report to the Secretary for each fiscal year for which 

the local coordinating entity receives Federal funds under this subtitle, specifying—

(A) the specific performance goals and accomplishments of the local coordinating entity; 

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

(C) the amounts and sources of matching funds; 

(D) the amounts leveraged with Federal funds and sources of the 

leveraging; and 

(E) grants made to any other entities during the fiscal year; 

(3) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds; and 

(4) encourage economic viability and sustainability that is consistent with the 

purposes of the National Heritage Area. 

(b) AUTHORITIES.—For the purposes of preparing and implementing the approved 

management plan for the National Heritage Area, the local coordinating entity may 

use Federal funds made available under this subtitle to—

(1) make grants to political jurisdictions, nonprofit organizations, and other 

parties within the National Heritage Area; 

(2) enter into cooperative agreements with or provide technical assistance to 

political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; 

(3) hire and compensate staff, including individuals with expertise in—

(A) natural, historical, cultural, educational, scenic, and recreational resource conservation; 

(B) economic and community development; and 

(C) heritage planning; 

(4) obtain funds or services from any source, including other Federal programs; 

(5) contract for goods or services; and 

(6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan. 

(c) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest 

in real property. 

SEC. 2008. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

(a) IN GENERAL.—Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law. 

(b) CONSULTATION AND COORDINATION.—The head of any Federal agency planning 

to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local 

coordinating entity to the maximum extent practicable. 

(c) OTHER FEDERAL AGENCIES.—Nothing in this subtitle—

(1) modifies, alters, or amends any law or regulation authorizing a Federal 

agency to manage Federal land under the jurisdiction of the Federal agency; 

(2) limits the discretion of a Federal land manager to implement an approved 

land use plan within the boundaries of a National Heritage Area; or 

(3) modifies, alters, or amends any authorized use of Federal land under the 

jurisdiction of a Federal agency. 

SEC. 2009. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. 

Nothing in this subtitle—

(1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or 

activity conducted within the National Heritage Area; 

(2) requires any property owner to permit public access (including access by 

Federal, State, Tribal, or local agencies) to the property of the property owner, 

or to modify public access or use of property of the property owner under any 

other Federal, State, Tribal, or local law; 

(3) alters any duly adopted land use regulation, approved land use plan, or 

other regulatory authority (such as the authority to make safety improvements 

or increase the capacity of existing roads or to construct new roads) of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory 

authority to any local coordinating entity, including but not necessarily limited 

to development and management of energy or water or water-related infrastructure; 


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(4) authorizes or implies the reservation or appropriation of water or water 

rights; 

(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; 

or (6) creates any liability, or affects any liability under any other law, of any 

private property owner with respect to any person injured on the private property. 

SEC. 2010. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Subject to subsection (b), there are au- thorized to be appropriated to carry out this subtitle not more than $1,000,000 for 

any fiscal year. Funds so appropriated shall remain available until expended. 

(b) LIMITATION ON TOTAL AMOUNTS APPROPRIATED.—Not more than $15,000,000 

may be appropriated to carry out this subtitle. 

(c) COST-SHARING REQUIREMENT.—The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued. 

SEC. 2011. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

Nothing in this subtitle shall preclude the local coordinating entity from using 

Federal funds available under other laws for the purposes for which those funds 

were authorized. 

SEC. 2012. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

The authority of the Secretary to provide financial assistance under this subtitle 

terminates on the date that is 15 years after the date of enactment of this subtitle. 

Subtitle B—Niagara Falls National Heritage Area 

SEC. 2021. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Niagara Falls National Heritage Area Act’’. (b) TABLE OF CONTENTS.—The table of contents of this subtitle is as follows: 

Sec. 2021. Short title; table of contents. 

Sec. 2022. Purposes. 

Sec. 2023. Definitions. 

Sec. 2024. Designation of the Niagara Falls National Heritage Area. 

Sec. 2025. Management plan. 

Sec. 2026. Evaluation; report. 

Sec. 2027. Local coordinating entity. 

Sec. 2028. Niagara Falls Heritage Area Commission. 

Sec. 2029. Relationship to other Federal agencies. 

Sec. 2030. Private property and regulatory protections. 

Sec. 2031. Authorization of appropriations. 

Sec. 2032. Use of Federal funds from other sources. 

Sec. 2033. Sunset for grants and other assistance. 

SEC. 2022. PURPOSES. 

(a) The purposes of this subtitle include—

(1) to recognize the national importance of the natural and cultural legacies 

of the area, as demonstrated in the National Park Service study report entitled 

‘‘Niagara National Heritage Area Study’’ dated 2005; 

(2) to preserve, support, conserve, and interpret the natural, scenic, cultural, 

and historic resources within the National Heritage Area; 

(3) to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public; 

(4) to recognize and interpret important events and geographic locations representing key developments in American history and culture, including Native 

American, Colonial American, European American, and African American heritage; 

(5) to enhance a cooperative management framework to assist State, local, 

and Tribal governments, the private sector, and citizens residing in the National Heritage Area in conserving, supporting, enhancing, and interpreting the 

significant historic, cultural, and recreational sites in the National Heritage 

Area; 

(6) to conserve and interpret the history of the development of hydroelectric 

power in the United States and its role in developing the American economy; 

and 

(7) to provide appropriate linkages among units of the National Park System 

within and surrounding the National Heritage Area, to protect, enhance, and 

interpret resources outside of park boundaries. 


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SEC. 2023. DEFINITIONS. 

In this subtitle— (1) NATIONAL HERITAGE AREA.—The term ‘‘National Heritage Area’’ means the 

Niagara Falls National Heritage Area established in this subtitle. 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the local coordinating entity for the National Heritage Area designated pursuant to this subtitle. 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to 

meet the goals of the National Heritage Area, in accordance with this subtitle. 

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

(5) COMMISSION.—The term ‘‘Commission’’ means the Niagara Falls National 

Heritage Area Commission established under this subtitle. 

(6) GOVERNOR.—The term ‘‘Governor’’ means the Governor of the State of 

New York. 

SEC. 2024. DESIGNATION OF THE NIAGARA FALLS NATIONAL HERITAGE AREA. 

(a) ESTABLISHMENT.—There is hereby established the Niagara Falls National Heritage Area. 

(b) BOUNDARIES.— (1) IN GENERAL.—The National Heritage Area shall consist of the area from 

the western boundary of the town of Wheatfield, New York, extending to the 

mouth of the Niagara River on Lake Ontario, including the city of Niagara 

Falls, New York, the villages of Youngstown and Lewiston, New York, land and 

water within the boundaries of the Heritage Area in Niagara County, New 

York, and any additional thematically related sites within Erie and Niagara 

Counties, New York, that are identified in the management plan developed 

under this subtitle. 

(2) MAP.—The boundaries of the National Heritage Area shall be as generally 

depicted on the map titled ‘‘Niagara Falls National Heritage Area,’’ and numbered P76/80,000 and dated July, 2006. The map shall be on file and available 

to the public in the appropriate offices of the National Park Service and the 

local coordinating entity. 

SEC. 2025. MANAGEMENT PLAN. 

(a) REQUIREMENTS.—The management plan for the National Heritage Area 

shall—

(1) describe comprehensive policies, goals, strategies, and recommendations 

for telling the story of the heritage of the area covered by the National Heritage 

Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area; 

(2) include a description of actions and commitments that Federal, State, 

Tribal, and local governments, private organizations, and citizens will take to 

protect, enhance, interpret, fund, manage, and develop the natural, historical, 

cultural, educational, scenic, and recreational resources of the National Heritage Area; 

(3) specify existing and potential sources of funding or economic development 

strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area; 

(4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed; 

(5) recommend policies and strategies for resource management, including the 

development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, 

educational, scenic, and recreational resources of the National Heritage Area; 

(6) describe a program for implementation for the management plan, including—

(A) performance goals; 

(B) plans for resource protection, enhancement, interpretation, funding, 

management, and development; and 

(C) specific commitments for implementation that have been made by the 

local coordinating entity or any Federal, State, Tribal, or local government 

agency, organization, business, or individual; 

(7) include an analysis of, and recommendations for, means by which Federal, 

State, Tribal, and local programs may best be coordinated (including the role 

of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and 


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(8) include a business plan that—

(A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and 

(B) provides adequate assurances that the local coordinating entity has 

the partnerships and financial and other resources necessary to implement 

the management plan for the National Heritage Area. 

(b) DEADLINE.—

(1) IN GENERAL.—Not later than 3 years after the date on which funds are 

first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management 

plan to the Secretary for approval. 

(2) TERMINATION OF FUNDING.—If the management plan is not submitted to 

the Secretary in accordance with paragraph (1), the local coordinating entity 

shall not qualify for any additional financial assistance under this subtitle until 

such time as the management plan is submitted to and approved by the Secretary. 

(c) APPROVAL OF MANAGEMENT PLAN.—

(1) REVIEW.—Not later than 180 days after receiving the plan, the Secretary 

shall review and approve or disapprove the management plan for a National 

Heritage Area on the basis of the criteria established under paragraph (3). 

(2) CONSULTATION.—The Secretary shall consult with the Governor before approving a management plan for the National Heritage Area. 

(3) CRITERIA FOR APPROVAL.—In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—

(A) the local coordinating entity represents the diverse interests of the 

National Heritage Area, including Federal, State, Tribal, and local governments, natural and historic resource protection organizations, educational 

institutions, businesses, recreational organizations, community residents, 

and private property owners; 

(B) the local coordinating entity—

(i) has afforded adequate opportunity for public and Federal, State, 

Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and 

(ii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan; 

(C) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if 

implemented, would adequately protect, enhance, interpret, fund, manage, 

and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area; 

(D) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans; 

(E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan; 

(F) the Secretary has received adequate assurances from the appropriate 

State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and 

(G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional 

planning organizations, nonprofit organizations, or private sector parties for 

implementation of the management plan. 

(4) DISAPPROVAL.—

(A) IN GENERAL.—If the Secretary disapproves the management plan, the 

Secretary—

(i) shall advise the local coordinating entity in writing of the reasons 

for the disapproval; and 

(ii) may make recommendations to the local coordinating entity for 

revisions to the management plan. 

(B) DEADLINE.—Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. 

(5) AMENDMENTS.—

(A) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed 

by the Secretary and approved or disapproved in the same manner as the 

original management plan. 


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11 

(B) IMPLEMENTATION.—The local coordinating entity shall not use Federal 

funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment. 

(6) AUTHORITIES.—The Secretary may— (A) provide technical assistance under the authority of this subtitle for 

the development and implementation of the management plan; and 

(B) enter into cooperative agreements with interested parties to carry out 

this subtitle 

SEC. 2026. EVALUATION; REPORT. 

(a) IN GENERAL.—Not later than 3 years before the date on which authority for 

Federal funding terminates for the National Heritage Area under this subtitle the 

Secretary shall— (1) conduct an evaluation of the accomplishments of the National Heritage 

Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) EVALUATION.—An evaluation conducted under subsection (a)(1) shall— (1) assess the progress of the local coordinating entity with respect to— (A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved management plan 

for the National Heritage Area; 

(2) analyze the Federal, State, Tribal, and local, and private investments in 

the National Heritage Area to determine the impact of the investments; and 

(3) review the management structure, partnership relationships, and funding 

of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. 

(c) REPORT.—Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United 

States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for 

the future role of the National Park Service, if any, with respect to the National 

Heritage Area. 

SEC. 2027. LOCAL COORDINATING ENTITY. 

(a) DESIGNATION.—The local coordinating entity for the Heritage Area shall be— (1) for the 5-year period beginning on the date of enactment of this subtitle, 

the Commission; and 

(2) on expiration of the 5-year period described in subparagraph (1), a private 

nonprofit or governmental organization designated by the Commission. 

(b) DUTIES.—To further the purposes of the National Heritage Area, the local coordinating entity, shall— (1) prepare a management plan for the National Heritage Area, and submit 

the management plan to the Secretary, in accordance with this subtitle; 

(2) submit an annual report to the Secretary for each fiscal year for which 

the local coordinating entity receives Federal funds under this subtitle, specifying—

(A) the specific performance goals and accomplishments of the local coordinating entity; 

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

(C) the amounts and sources of matching funds; 

(D) the amounts leveraged with Federal funds and sources of the 

leveraging; and 

(E) grants made to any other entities during the fiscal year; 

(3) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds; 

(4) encourage economic viability and sustainability that is consistent with the 

purposes of the National Heritage Area; and 

(5) coordinate projects, activities, and programs with the Erie Canalway National Heritage Corridor. 

(c) AUTHORITIES.—For the purposes of preparing and implementing the approved 

management plan for the National Heritage Area, the local coordinating entity may 

use Federal funds made available under this subtitle to—

(1) make grants to political jurisdictions, nonprofit organizations, and other 

parties within the National Heritage Area; 

(2) enter into cooperative agreements with or provide technical assistance to 

political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; 

(3) hire and compensate staff, including individuals with expertise in—


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12 

(A) natural, historical, cultural, educational, scenic, and recreational resource conservation; 

(B) economic and community development; and 

(C) heritage planning; 

(4) obtain funds or services from any source, including other Federal programs; 

(5) contract for goods or services; and 

(6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan. 

(d) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest 

in real property. 

SEC. 2028. NIAGARA FALLS HERITAGE AREA COMMISSION. 

(a) ESTABLISHMENT.—There is established within the Department of the Interior 

the Niagara Falls National Heritage Area Commission. 

(b) MEMBERSHIP.—The Commission shall be composed of 17 members, of whom—

(1) 1 member shall be the Director of the National Park Service (or a designee); 

(2) 5 members shall be appointed by the Secretary, after consideration of the 

recommendation of the Governor, from among individuals with knowledge and 

experience of—

(A) the New York State Office of Parks, Recreation and Historic Preservation, the Niagara River Greenway Commission, the New York Power Authority, the USA Niagara Development Corporation, and the Niagara Tourism and Convention Corporation; or 

(B) any successors of the agencies described in subparagraph (A); 

(3) 1 member shall be appointed by the Secretary, after consideration of the 

recommendation of the mayor of Niagara Falls, New York; 

(4) 1 member shall be appointed by the Secretary, after consideration of the 

recommendation of the mayor of the village of Youngstown, New York; 

(5) 1 member shall be appointed by the Secretary, after consideration of the 

recommendation of the mayor of the village of Lewiston, New York; 

(6) 1 member shall be appointed by the Secretary, after consideration of the 

recommendation of the Tuscarora Nation; 

(7) 1 member shall be appointed by the Secretary, after consideration of the 

recommendation of the Seneca Nation of Indians; and 

(8) 6 members shall be individuals who have an interest in, support for, and 

expertise appropriate to tourism, regional planning, history and historic preservation, cultural or natural resource management, conservation, recreation, and 

education, or museum services, of whom—

(A) 4 members shall be appointed by the Secretary, after consideration 

of the recommendation of the 2 members of the Senate from the State; and 

(B) 2 members shall be appointed by the Secretary, after consideration 

of the recommendation of the Member of the House of Representatives 

whose district encompasses the National Heritage Area. 

(c) TERMS; VACANCIES.—

(1) TERM.—A member of the Commission shall be appointed for a term not 

to exceed 5 years. 

(2) VACANCIES.—

(A) PARTIAL TERM.—A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of 

the member was appointed. 

(B) IN GENERAL.—A vacancy on the Commission shall be filled in the 

same manner as the original appointment was made. 

(d) CHAIRPERSON AND VICE CHAIRPERSON.—

(1) SELECTION.—The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. 

(2) VICE CHAIRPERSON.—The Vice Chairperson shall serve as the Chairperson 

in the absence of the Chairperson. 

(e) QUORUM.—

(1) IN GENERAL.—A majority of the members of the Commission shall constitute a quorum. 

(2) TRANSACTION.—For the transaction of any business or the exercise of any 

power of the Commission, the Commission shall have the power to act by a majority vote of the members present at any meeting at which a quorum is in attendance. 

(f) MEETINGS.—


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13 

(1) IN GENERAL.—The Commission shall meet at least quarterly at the call 

of—

(A) the Chairperson; or 

(B) a majority of the members of the Commission. 

(2) NOTICE.—Notice of Commission meetings and agendas for the meetings 

shall be published in local newspapers that are distributed throughout the National Heritage Area. 

(3) APPLICABLE LAW.—Meetings of the Commission shall be subject to section 

552b of title 5, United States Code. 

(g) AUTHORITIES OF THE COMMISSION.—In addition to the authorities otherwise 

granted in this subtitle, the Commission may—

(1) request and accept from the head of any Federal agency, on a reimbursable or non-reimbursable basis, any personnel of the Federal agency to the 

Commission to assist in carrying out the duties of the Commission; 

(2) request and accept from the head of any State agency or any agency of 

a political subdivision of the State, on a reimbursable or nonreimbursable basis, 

any personnel of the agency to the Commission to assist in carrying out the duties of the Commission; 

(3) seek, accept, and dispose of gifts, bequests, grants, or donations of money, 

personal property, or services; and 

(4) use the United States mails in the same manner as other agencies of the 

Federal Government. 

(h) DUTIES OF THE COMMISSION.—To further the purposes of the National Heritage Area, in addition to the duties otherwise listed in this subtitle, the Commission 

shall assist in the transition of the management of the National Heritage Area from 

the Commission to the local coordinating entity designated under this subtitle. 

(i) COMPENSATION OF MEMBERS.—

(1) IN GENERAL.—A member of the Commission shall serve without compensation. 

(2) TRAVEL EXPENSES.—A member of the Commission shall be allowed travel 

expenses, including per diem in lieu of subsistence, at rates authorized for an 

employee of an agency under subchapter I of chapter 57 of title 5, United States 

Code, while away from the home or regular place of business of the member 

in the performance of the duties of the Commission. 

(j) GIFTS.—For purposes of section 170(c) of the Internal Revenue Code of 1986, 

any gift or charitable contribution to the Commission shall be considered to be a 

charitable contribution or gift to the United States. 

(k) USE OF FEDERAL FUNDS.—Except as provided for the leasing of administrative 

facilities under subsection (g)(1), the Commission may not use Federal funds made 

available to the Commission under this subtitle to acquire any real property or interest in real property. 

SEC. 2029. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

(a) IN GENERAL.—Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law. 

(b) CONSULTATION AND COORDINATION.—The head of any Federal agency planning 

to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local 

coordinating entity to the maximum extent practicable. 

(c) OTHER FEDERAL AGENCIES.—Nothing in this subtitle—

(1) modifies, alters, or amends any law or regulation authorizing a Federal 

agency to manage Federal land under the jurisdiction of the Federal agency; 

(2) limits the discretion of a Federal land manager to implement an approved 

land use plan within the boundaries of a National Heritage Area; or 

(3) modifies, alters, or amends any authorized use of Federal land under the 

jurisdiction of a Federal agency. 

SEC. 2030. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. 

Nothing in this subtitle—

(1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or 

activity conducted within the National Heritage Area; 

(2) requires any property owner to permit public access (including access by 

Federal, State, Tribal, or local agencies) to the property of the property owner, 

or to modify public access or use of property of the property owner under any 

other Federal, State, Tribal, or local law; 

(3) alters any duly adopted land use regulation, approved land use plan, or 

other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, 


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14 

including but not necessarily limited to development and management of energy, water, or water-related infrastructure; 

(4) authorizes or implies the reservation or appropriation of water or water 

rights; 

(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; 

or 

(6) creates any liability, or affects any liability under any other law, of any 

private property owner with respect to any person injured on the private property. 

SEC. 2031. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for 

any fiscal year. Funds so appropriated shall remain available until expended. 

(b) LIMITATION ON TOTAL AMOUNTS APPROPRIATED.—Not more than $15,000,000 

may be appropriated to carry out this subtitle. 

(c) COST-SHARING REQUIREMENT.—The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued. 

SEC. 2032. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

Nothing in this subtitle shall preclude the local coordinating entity from using 

Federal funds available under other laws for the purposes for which those funds 

were authorized. 

SEC. 2033. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

The authority of the Secretary to provide financial assistance under this subtitle 

terminates on the date that is 15 years after the date of enactment of this subtitle. 

Subtitle C—Muscle Shoals National Heritage Area 

SEC. 2041. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Muscle Shoals National Heritage Area Act’’. 

(b) TABLE OF CONTENTS.—The table of contents of this subtitle is as follows: 

Sec. 2041. Short title; table of contents. 

Sec. 2042. Purposes. 

Sec. 2043. Definitions. 

Sec. 2044. Designation of Muscle Shoals National Heritage Area. 

Sec. 2045. Management plan. 

Sec. 2046. Evaluation; report. 

Sec. 2047. Local coordinating entity. 

Sec. 2048. Relationship to other Federal agencies. 

Sec. 2049. Private property and regulatory protections. 

Sec. 2050. Authorization of appropriations. 

Sec. 2051. Use of Federal funds from other sources. 

Sec. 2052. Sunset for grants and other assistance. 

SEC. 2042. PURPOSES. 

The purposes of this subtitle include—

(1) to preserve, support conserve and interpret the legacy of the region represented by the National Heritage Area as described in the feasibility study prepared by the National Park Service; 

(2) to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public; 

(3) to recognize and interpret important events and geographic locations representing key developments in the growth of America, including Native American, Colonial American, European American, and African American heritage; 

(4) to recognize and interpret how the distinctive geography of the region 

shaped the development of settlement, defense, transportation, commerce, and 

culture there; 

(5) to provide a cooperative management framework to foster a close working 

relationship with all levels of government, the private sector, and the local communities in the region 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; and 

(6) to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the National Heritage Area. 


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SEC. 2043. DEFINITIONS. 

In this subtitle: 

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

Muscle Shoals National Heritage Area established in this subtitle. 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means 

the Muscle Shoals Regional Center, which is hereby designated by Congress—

(A) to develop, in partnership with others, the management plan for the 

National Heritage Area; and 

(B) to act as a catalyst for the implementation of projects and programs 

among diverse partners in the National Heritage Area. 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to 

meet the goals of the National Heritage Area, in accordance with this subtitle. 

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

SEC. 2044. DESIGNATION OF MUSCLE SHOALS NATIONAL HERITAGE AREA. 

(a) ESTABLISHMENT.—There is hereby established the Muscle Shoals National 

Heritage Area in the State of Alabama. 

(b) BOUNDARIES.—

(1) IN GENERAL.—The National Heritage Area shall be comprised of the counties of Colbert, Franklin, Lauderdale, Lawrence, Limestone, and Morgan; including the Wilson Dam; the Handy Home; and the Helen Keller birthplace. 

(2) MAP.—The boundary of the National Heritage Area shall be as generally 

depicted on the map titled ‘‘lllllll’’, numbered lllllll, and 

dated llllllll. The map shall be on file and available to the public in 

the appropriate offices of the National Park Service and the local coordinating 

entity. 

SEC. 2045. MANAGEMENT PLAN. 

(a) REQUIREMENTS.—The management plan for the National Heritage Area 

shall—

(1) describe comprehensive policies, goals, strategies, and recommendations 

for telling the story of the heritage of the area covered by the National Heritage 

Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area; 

(2) include a description of actions and commitments that Federal, State, 

Tribal, and local governments, private organizations, and citizens will take to 

protect, enhance, interpret, fund, manage, and develop the natural, historical, 

cultural, educational, scenic, and recreational resources of the National Heritage Area; 

(3) specify existing and potential sources of funding or economic development 

strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area; 

(4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed; 

(5) recommend policies and strategies for resource management, including the 

development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, 

educational, scenic, and recreational resources of the National Heritage Area; 

(6) describe a program for implementation for the management plan, including—

(A) performance goals; 

(B) plans for resource protection, enhancement, interpretation, funding, 

management, and development; and 

(C) specific commitments for implementation that have been made by the 

local coordinating entity or any Federal, State, Tribal, or local government 

agency, organization, business, or individual; 

(7) include an analysis of, and recommendations for, means by which Federal, 

State, Tribal, and local programs may best be coordinated (including the role 

of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and 

(8) include a business plan that—

(A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and 


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(B) provides adequate assurances that the local coordinating entity has 

the partnerships and financial and other resources necessary to implement 

the management plan for the National Heritage Area. 

(b) DEADLINE.— (1) IN GENERAL.—Not later than 3 years after the date on which funds are 

first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management 

plan to the Secretary for approval. 

(2) TERMINATION OF FUNDING.—If the management plan is not submitted to 

the Secretary in accordance with paragraph (1), the local coordinating entity 

shall not qualify for any additional financial assistance under this subtitle until 

such time as the management plan is submitted to and approved by the Secretary. 

(c) APPROVAL OF MANAGEMENT PLAN.— (1) REVIEW.—Not later than 180 days after receiving the plan, the Secretary 

shall review and approve or disapprove the management plan for a National 

Heritage Area on the basis of the criteria established under paragraph (3). 

(2) CONSULTATION.—The Secretary shall consult with the Governor of each 

State in which the National Heritage Area is located before approving a management plan for the National Heritage Area. 

(3) CRITERIA FOR APPROVAL.—In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—

(A) the local coordinating entity represents the diverse interests of the 

National Heritage Area, including Federal, State, Tribal, and local governments, natural, and historic resource protection organizations, educational 

institutions, businesses, recreational organizations, community residents, 

and private property owners; 

(B) the local coordinating entity—

(i) has afforded adequate opportunity for public and Federal, State, 

Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and 

(ii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan; 

(C) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if 

implemented, would adequately protect, enhance, interpret, fund, manage, 

and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area; 

(D) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans; 

(E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan; 

(F) the Secretary has received adequate assurances from the appropriate 

State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and 

(G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional 

planning organizations, nonprofit organizations, or private sector parties for 

implementation of the management plan. 

(4) DISAPPROVAL.—

(A) IN GENERAL.—If the Secretary disapproves the management plan, the 

Secretary—

(i) shall advise the local coordinating entity in writing of the reasons 

for the disapproval; and 

(ii) may make recommendations to the local coordinating entity for 

revisions to the management plan. 

(B) DEADLINE.—Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. 

(5) AMENDMENTS.—

(A) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed 

by the Secretary and approved or disapproved in the same manner as the 

original management plan. 

(B) IMPLEMENTATION.—The local coordinating entity shall not use Federal 

funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment. 

(6) AUTHORITIES.—The Secretary may—


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17 

(A) provide technical assistance under the authority of this subtitle for 

the development and implementation of the management plan; and 

(B) enter into cooperative agreements with interested parties to carry out 

this subtitle. 

SEC. 2046. EVALUATION; REPORT. 

(a) IN GENERAL.—Not later than 3 years before the date on which authority for 

Federal funding terminates for the National Heritage Area under this subtitle, the 

Secretary shall—

(1) conduct an evaluation of the accomplishments of the National Heritage 

Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) EVALUATION.—An evaluation conducted under subsection (a)(1) shall—

(1) assess the progress of the local coordinating entity with respect to—

(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved management plan 

for the National Heritage Area; 

(2) analyze the Federal, State, Tribal, and local, and private investments in 

the National Heritage Area to determine the impact of the investments; and 

(3) review the management structure, partnership relationships, and funding 

of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. 

(c) REPORT.—Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United 

States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for 

the future role of the National Park Service, if any, with respect to the National 

Heritage Area. 

SEC. 2047. LOCAL COORDINATING ENTITY. 

(a) DUTIES.—To further the purposes of the National Heritage Area, the Muscle 

Shoals Regional Center, as the local coordinating entity, shall—

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

the management plan to the Secretary, in accordance with this subtitle; 

(2) submit an annual report to the Secretary for each fiscal year for which 

the local coordinating entity receives Federal funds under this subtitle, specifying—

(A) the specific performance goals and accomplishments of the local coordinating entity; 

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

(C) the amounts and sources of matching funds; 

(D) the amounts leveraged with Federal funds and sources of the 

leveraging; and 

(E) grants made to any other entities during the fiscal year; 

(3) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds; and 

(4) encourage economic viability and sustainability that is consistent with the 

purposes of the National Heritage Area. 

(b) AUTHORITIES.—For the purposes of preparing and implementing the approved 

management plan for the National Heritage Area, the local coordinating entity may 

use Federal funds made available under this subtitle to—

(1) make grants to political jurisdictions, nonprofit organizations, and other 

parties within the National Heritage Area; 

(2) enter into cooperative agreements with or provide technical assistance to 

political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; 

(3) hire and compensate staff, including individuals with expertise in—

(A) natural, historical, cultural, educational, scenic, and recreational resource conservation; 

(B) economic and community development; and 

(C) heritage planning; 

(4) obtain funds or services from any source, including other Federal programs; 

(5) contract for goods or services; and 

(6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan. 


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(c) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest 

in real property. 

SEC. 2048. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

(a) IN GENERAL.—Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law. 

(b) CONSULTATION AND COORDINATION.—The head of any Federal agency planning 

to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local 

coordinating entity to the maximum extent practicable. 

(c) OTHER FEDERAL AGENCIES.—Nothing in this subtitle— (1) modifies, alters, or amends any law or regulation authorizing a Federal 

agency to manage Federal land under the jurisdiction of the Federal agency; 

(2) limits the discretion of a Federal land manager to implement an approved 

land use plan within the boundaries of a National Heritage Area; or 

(3) modifies, alters, or amends any authorized use of Federal land under the 

jurisdiction of a Federal agency. 

SEC. 2049. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. 

Nothing in this subtitle— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or 

activity conducted within the National Heritage Area; 

(2) requires any property owner to permit public access (including access by 

Federal, State, Tribal, or local agencies) to the property of the property owner, 

or to modify public access or use of property of the property owner under any 

other Federal, State, Tribal, or local law; 

(3) alters any duly adopted land use regulation, approved land use plan, or 

other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, 

including but not necessarily limited to development and management of energy, water, or water-related infrastructure; 

(4) authorizes or implies the reservation or appropriation of water or water 

rights; 

(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; 

or (6) creates any liability, or affects any liability under any other law, of any 

private property owner with respect to any person injured on the private property. 

SEC. 2050. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Subject to subsection (b), there are au- thorized to be appropriated to carry out this subtitle not more than $1,000,000 for 

any fiscal year. Funds so appropriated shall remain available until expended. 

(b) LIMITATION ON TOTAL AMOUNTS APPROPRIATED.—Not more than $15,000,000 

may be appropriated to carry out this subtitle. 

(c) COST-SHARING REQUIREMENT.—The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued. 

SEC. 2051. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

Nothing in this subtitle shall preclude the local coordinating entity from using 

Federal funds available under other laws for the purposes for which those funds 

were authorized. 

SEC. 2052. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

The authority of the Secretary to provide financial assistance under this subtitle 

terminates on the date that is 15 years after the date of enactment of this subtitle. 

Subtitle D—Freedom’s Way National Heritage 

Area 

SEC. 2061. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Freedom’s Way National 

Heritage Area Act’’. 

(b) TABLE OF CONTENTS.—The table of contents of this subtitle is as follows: 

Sec. 2061. Short title; table of contents. 


bajohnson on PROD1PC69 with REPORTS
19 

Sec. 2062. Purposes. 

Sec. 2063. Definitions. 

Sec. 2064. Designation of Freedom’s Way National Heritage Area. 

Sec. 2065. Management plan. 

Sec. 2066. Evaluation; report. 

Sec. 2067. Local coordinating entity. 

Sec. 2068. Relationship to other Federal agencies. 

Sec. 2069. Private property and regulatory protections. 

Sec. 2070. Authorization of appropriations. 

Sec. 2071. Use of Federal funds from other sources. 

Sec. 2072. Sunset for grants and other assistance. 

SEC. 2062. PURPOSES. 

(a) The purposes of this subtitle include—

(1) to recognize the significant natural and cultural legacies of the area, as 

demonstrated in the study entitled ‘‘Freedom’s Way Heritage Area Feasibility 

Study’’ dated July 1997 and the addendum dated March 2003; 

(2) to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public; 

(3) to foster a close working relationship between the Secretary and all levels 

of government, the private sector, and local communities in the Commonwealth 

of Massachusetts and the State of New Hampshire in order to preserve the special historic identity of the National Heritage Area; 

(4) to manage, preserve, protect and interpret the cultural, historical, and 

natural resources of the National Heritage Area for the educational and inspirational benefit of future generations; and 

(5) to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the National Heritage Area. 

SEC. 2063. DEFINITIONS. 

In this subtitle: 

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

Freedom’s Way National Heritage Area established in this subtitle. 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means 

the Freedom’s Way Heritage Association, Inc., which is hereby designated by 

Congress—

(A) to develop, in partnership with others, the management plan for the 

National Heritage Area; and 

(B) to act as a catalyst for the implementation of projects and programs 

among diverse partners in the National Heritage Area. 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to 

meet the goals of the National Heritage Area, in accordance with this subtitle. 

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

SEC. 2064. DESIGNATION OF FREEDOM’S WAY NATIONAL HERITAGE AREA. 

(a) ESTABLISHMENT.—There is hereby established the Freedom’s Way National 

Heritage Area. 

(b) BOUNDARIES.—

(1) IN GENERAL.—The National Heritage Area shall include the following communities in the Commonwealth of Massachusetts: Winchendon, Ashburnham, 

Ashby, Gardner, Fitchburg, Westminster, Princeton, Sterling, Leominster, 

Townsend, Pepperell, Lunenburg, Shirley, Lancaster, Clinton, Bolton, Harvard, 

Ayer, Groton, Dunstable, Westford, Littleton, Boxborough, Stow, Hudson, Maynard, Sudbury, Concord, Carlisle, Acton, Bedford, Lincoln, Lexington, Woburn, 

Arlington, Medford, and Malden. Additionally it shall include the following communities in the State of New Hampshire: New Ipswich, Greenville, Mason, 

Brookline, Milford, Amherst, Hollis, and Nashua. 

(2) MAP.—The boundaries of the National Heritage area shall be as generally 

depicted on the map titled ‘‘Freedom’s Way National Heritage Area’’, numbered 

T04/80,000, and dated July 2007. The map shall be on file and available to the 

public in the appropriate offices of the National Park Service and the local coordinating entity. 

SEC. 2065. MANAGEMENT PLAN. 

(a) REQUIREMENTS.—The management plan for the National Heritage Area 

shall—

(1) describe comprehensive policies, goals, strategies, and recommendations 

for telling the story of the heritage of the area covered by the National Heritage 

Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area; 


bajohnson on PROD1PC69 with REPORTS
20 

(2) include a description of actions and commitments that Federal, State, 

Tribal, and local governments, private organizations, and citizens will take to 

protect, enhance, interpret, fund, manage, and develop the natural, historical, 

cultural, educational, scenic, and recreational resources of the National Heritage Area; 

(3) specify existing and potential sources of funding or economic development 

strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area; 

(4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed; 

(5) recommend policies and strategies for resource management, including the 

development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, 

educational, scenic, and recreational resources of the National Heritage Area; 

(6) describe a program for implementation for the management plan, including—

(A) performance goals; 

(B) plans for resource protection, enhancement, interpretation, funding, 

management, and development; and 

(C) specific commitments for implementation that have been made by the 

local coordinating entity or any Federal, State, Tribal, or local government 

agency, organization, business, or individual; 

(7) include an analysis of, and recommendations for, means by which Federal, 

State, Tribal, and local programs may best be coordinated (including the role 

of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and 

(8) include a business plan that—

(A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and 

(B) provides adequate assurances that the local coordinating entity has 

the partnerships and financial and other resources necessary to implement 

the management plan for the National Heritage Area. 

(b) DEADLINE.—

(1) IN GENERAL.—Not later than 3 years after the date on which funds are 

first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management 

plan to the Secretary for approval. 

(2) TERMINATION OF FUNDING.—If the management plan is not submitted to 

the Secretary in accordance with paragraph (1), the local coordinating entity 

shall not qualify for any additional financial assistance under this subtitle until 

such time as the management plan is submitted to and approved by the Secretary. 

(c) APPROVAL OF MANAGEMENT PLAN.—

(1) REVIEW.—Not later than 180 days after receiving the plan, the Secretary 

shall review and approve or disapprove the management plan for the National 

Heritage Area on the basis of the criteria established under paragraph (3). 

(2) CONSULTATION.—The Secretary shall consult with the Governor of each 

State or Commonwealth in which the National Heritage Area is located before 

approving a management plan for the National Heritage Area. 

(3) CRITERIA FOR APPROVAL.—In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—

(A) the local coordinating entity represents the diverse interests of the 

National Heritage Area, including Federal, State, Tribal, and local governments, natural and historic resource protection organizations, educational 

institutions, businesses, recreational organizations, community residents, 

and private property owners; 

(B) the local coordinating entity—

(i) has afforded adequate opportunity for public and Federal, State, 

Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and 

(ii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan; 

(C) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if 

implemented, would adequately protect, enhance, interpret, fund, manage, 


bajohnson on PROD1PC69 with REPORTS
21 

and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area; 

(D) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans; 

(E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan; 

(F) the Secretary has received adequate assurances from the appropriate 

State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and 

(G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional 

planning organizations, nonprofit organizations, or private sector parties for 

implementation of the management plan. 

(4) DISAPPROVAL.—

(A) IN GENERAL.—If the Secretary disapproves the management plan, the 

Secretary—

(i) shall advise the local coordinating entity in writing of the reasons 

for the disapproval; and 

(ii) may make recommendations to the local coordinating entity for 

revisions to the management plan. 

(B) DEADLINE.—Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. 

(5) AMENDMENTS.—

(A) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed 

by the Secretary and approved or disapproved in the same manner as the 

original management plan. 

(B) IMPLEMENTATION.—The local coordinating entity shall not use Federal 

funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment. 

(6) AUTHORITIES.—The Secretary may—

(A) provide technical assistance under the authority of this subtitle for 

the development and implementation of the management plan; and 

(B) enter into cooperative agreements with interested parties to carry out 

this subtitle. 

SEC. 2066. EVALUATION; REPORT. 

(a) IN GENERAL.—Not later than 3 years before the date on which authority for 

Federal funding terminates for the National Heritage Area under this subtitle, the 

Secretary shall—

(1) conduct an evaluation of the accomplishments of the National Heritage 

Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) EVALUATION.—An evaluation conducted under subsection (a)(1) shall—

(1) assess the progress of the local coordinating entity with respect to—

(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved management plan 

for the National Heritage Area; 

(2) analyze the Federal, State, Tribal, and local, and private investments in 

the National Heritage Area to determine the impact of the investments; and 

(3) review the management structure, partnership relationships, and funding 

of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. 

(c) REPORT.—Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United 

States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for 

the future role of the National Park Service, if any, with respect to the National 

Heritage Area. 

SEC. 2067. LOCAL COORDINATING ENTITY. 

(a) DUTIES.—To further the purposes of the National Heritage Area, the Freedom’s Way Heritage Association, Inc., as the local coordinating entity, shall—

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

the management plan to the Secretary, in accordance with this subtitle; 


bajohnson on PROD1PC69 with REPORTS
22 

(2) submit an annual report to the Secretary for each fiscal year for which 

the local coordinating entity receives Federal funds under this subtitle, specifying—

(A) the specific performance goals and accomplishments of the local coordinating entity; 

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

(C) the amounts and sources of matching funds; 

(D) the amounts leveraged with Federal funds and sources of the 

leveraging; and 

(E) grants made to any other entities during the fiscal year; 

(3) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds; and 

(4) encourage economic viability and sustainability that is consistent with the 

purposes of the National Heritage Area. 

(b) AUTHORITIES.—For the purposes of preparing and implementing the approved 

management plan for the National Heritage Area, the local coordinating entity may 

use Federal funds made available under this subtitle to—

(1) make grants to political jurisdictions, nonprofit organizations, and other 

parties within the National Heritage Area; 

(2) enter into cooperative agreements with or provide technical assistance to 

political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; 

(3) hire and compensate staff, including individuals with expertise in—

(A) natural, historical, cultural, educational, scenic, and recreational resource conservation; 

(B) economic and community development; and 

(C) heritage planning; 

(4) obtain funds or services from any source, including other Federal programs; 

(5) contract for goods or services; and 

(6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan. 

(c) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest 

in real property. 

SEC. 2068. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

(a) IN GENERAL.—Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law. 

(b) CONSULTATION AND COORDINATION.—The head of any Federal agency planning 

to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local 

coordinating entity to the maximum extent practicable. 

(c) OTHER FEDERAL AGENCIES.—Nothing in this subtitle—

(1) modifies, alters, or amends any law or regulation authorizing a Federal 

agency to manage Federal land under the jurisdiction of the Federal agency; 

(2) limits the discretion of a Federal land manager to implement an approved 

land use plan within the boundaries of a National Heritage Area; or 

(3) modifies, alters, or amends any authorized use of Federal land under the 

jurisdiction of a Federal agency. 

SEC. 2069. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. 

Nothing in this subtitle—

(1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or 

activity conducted within the National Heritage Area; 

(2) requires any property owner to permit public access (including access by 

Federal, State, Tribal, or local agencies) to the property of the property owner, 

or to modify public access or use of property of the property owner under any 

other Federal, State, Tribal, or local law; 

(3) alters any duly adopted land use regulation, approved land use plan, or 

other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, 

including but not necessarily limited to development and management of energy, water, or water-related infrastructure; 

(4) authorizes or implies the reservation or appropriation of water or water 

rights; 


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23 

(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; 

or 

(6) creates any liability, or affects any liability under any other law, of any 

private property owner with respect to any person injured on the private property. 

SEC. 2070. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for 

any fiscal year. Funds so appropriated shall remain available until expended. 

(b) LIMITATION ON TOTAL AMOUNTS APPROPRIATED.—Not more than $15,000,000 

may be appropriated to carry out this subtitle. 

(c) COST-SHARING REQUIREMENT.—The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued. 

SEC. 2071. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

Nothing in this subtitle shall preclude the local coordinating entity from using 

Federal funds available under Acts other than this subtitle for the purposes for 

which those funds were authorized. 

SEC. 2072. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

The authority of the Secretary to provide financial assistance under this subtitle 

terminates on the date that is 15 years after the date of enactment of this subtitle. 

Subtitle E—Abraham Lincoln National Heritage 

Area 

SEC. 2081. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Abraham Lincoln National 

Heritage Area Act’’. 

(b) TABLE OF CONTENTS.—The table of contents of this subtitle is as follows: 

Sec. 2081. Short title; table of contents. 

Sec. 2082. Purposes. 

Sec. 2083. Definitions. 

Sec. 2084. Designation of Abraham Lincoln National Heritage Area. 

Sec. 2085. Management plan. 

Sec. 2086. Evaluation; report. 

Sec. 2087. Local coordinating entity. 

Sec. 2088. Relationship to other Federal agencies. 

Sec. 2089. Private property and regulatory protections. 

Sec. 2090. Authorization of appropriations. 

Sec. 2091. Use of Federal funds from other sources. 

Sec. 2092. Sunset for grants and other assistance. 

SEC. 2082. PURPOSES. 

(a) The purposes of this subtitle include—

(1) to recognize the significant natural and cultural legacies of the area, as 

demonstrated in the study entitled ‘‘Feasibility Study of the Proposed Abraham 

Lincoln National Heritage Area’’ prepared for the Looking for Lincoln Heritage 

Coalition in 2002 and revised in 2007; 

(2) to promote heritage, cultural and recreational tourism and to develop educational and cultural programs for visitors and the general public; 

(3) to recognize and interpret important events and geographic locations representing key periods in the growth of America, including Native American, Colonial American, European American, and African American heritage; 

(4) to recognize and interpret the distinctive role the region played in shaping 

the man who would become the 16th President of the United States, and how 

Abraham Lincoln’s life left its traces in the stories, folklore, buildings, 

streetscapes, and landscapes of the region; 

(5) to provide a cooperative management framework to foster a close working 

relationship with all levels of government, the private sector, and the local communities in the region 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; and 

(6) to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the Heritage 

Area. 


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24 

SEC. 2083. DEFINITIONS. 

In this subtitle: 

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

Abraham Lincoln National Heritage Area established in this subtitle. 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means the Looking for Lincoln Heritage Coalition, which is hereby designated by Congress—

(A) to develop, in partnership with others, the management plan for the 

National Heritage Area; and 

(B) to act as a catalyst for the implementation of projects and programs 

among diverse partners in the National Heritage Area. 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to 

meet the goals of the National Heritage Area, in accordance with this subtitle. 

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

SEC. 2084. DESIGNATION OF ABRAHAM LINCOLN NATIONAL HERITAGE AREA. 

(a) ESTABLISHMENT.—There is hereby established the Abraham Lincoln National 

Heritage Area. 

(b) BOUNDARIES.— (1) IN GENERAL.—The National Heritage Area shall consist of sites as designated by the management plan within a core area located in Central Illinois, 

consisting of Adams, Brown, Calhoun, Cass, Champaign, Christian, Clark, 

Coles, Cumberland, Dewitt, Douglas, Edgar, Fayette, Fulton, Greene, Hancock, 

Henderson, Jersey, Knox, LaSalle, Logan, Macon, Macoupin, Madison, Mason, 

McDonough, McLean, Menard, Montgomery, Morgan, Moultrie, Peoria, Piatt, 

Pike, Sangamon, Schuyler, Scott, Shelby, Tazwell, Vermillion, Warren and 

Woodford counties. 

(2) MAP.—The boundaries of the National Heritage Area shall be as generally 

depicted on the map titled ‘‘Proposed Abraham Lincoln National Heritage Area’’, and numbered 338/80,000, and dated July 2007. The map shall be on file and 

available to the public in the appropriate offices of the National Park Service 

and the local coordinating entity. 

SEC. 2085. MANAGEMENT PLAN. 

(a) REQUIREMENTS.—The management plan for the National Heritage Area 

shall—

(1) describe comprehensive policies, goals, strategies, and recommendations 

for telling the story of the heritage of the area covered by the National Heritage 

Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area; 

(2) include a description of actions and commitments that Federal, State, 

Tribal, and local governments, private organizations, and citizens will take to 

protect, enhance, interpret, fund, manage, and develop the natural, historical, 

cultural, educational, scenic, and recreational resources of the National Heritage Area; 

(3) specify existing and potential sources of funding or economic development 

strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area; 

(4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed; 

(5) recommend policies and strategies for resource management, including the 

development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, 

educational, scenic, and recreational resources of the National Heritage Area; 

(6) describe a program for implementation for the management plan, including—

(A) performance goals; 

(B) plans for resource protection, enhancement, interpretation, funding, 

management, and development; and 

(C) specific commitments for implementation that have been made by the 

local coordinating entity or any Federal, State, Tribal, or local government 

agency, organization, business, or individual; 

(7) include an analysis of, and recommendations for, means by which Federal, 

State, Tribal, and local programs may best be coordinated (including the role 

of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and 


bajohnson on PROD1PC69 with REPORTS
25 

(8) include a business plan that— (A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and 

(B) provides adequate assurances that the local coordinating entity has 

the partnerships and financial and other resources necessary to implement 

the management plan for the National Heritage Area. 

(b) DEADLINE.— (1) IN GENERAL.—Not later than 3 years after the date on which funds are 

first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management 

plan to the Secretary for approval. 

(2) TERMINATION OF FUNDING.—If the management plan is not submitted to 

the Secretary in accordance with paragraph (1), the local coordinating entity 

shall not qualify for any additional financial assistance under this subtitle until 

such time as the management plan is submitted to and approved by the Secretary. 

(c) APPROVAL OF MANAGEMENT PLAN.— (1) REVIEW.—Not later than 180 days after receiving the plan, the Secretary 

shall review and approve or disapprove the management plan for a National 

Heritage Area on the basis of the criteria established under paragraph (3). 

(2) CONSULTATION.—The Secretary shall consult with the Governor of each 

State in which the National Heritage Area is located before approving a management plan for the National Heritage Area. 

(3) CRITERIA FOR APPROVAL.—In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—

(A) the local coordinating entity represents the diverse interests of the 

National Heritage Area, including Federal, State, Tribal, and local governments, natural, and historic resource protection organizations, educational 

institutions, businesses, recreational organizations, community residents, 

and private property owners; 

(B) the local coordinating entity—

(i) has afforded adequate opportunity for public and Federal, State, 

Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and 

(ii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan; 

(C) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if 

implemented, would adequately protect, enhance, interpret, fund, manage, 

and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area; 

(D) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans; 

(E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan; 

(F) the Secretary has received adequate assurances from the appropriate 

State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and 

(G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional 

planning organizations, nonprofit organizations, or private sector parties for 

implementation of the management plan. 

(4) DISAPPROVAL.—

(A) IN GENERAL.—If the Secretary disapproves the management plan, the 

Secretary—

(i) shall advise the local coordinating entity in writing of the reasons 

for the disapproval; and 

(ii) may make recommendations to the local coordinating entity for 

revisions to the management plan. 

(B) DEADLINE.—Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. 

(5) AMENDMENTS.—

(A) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed 

by the Secretary and approved or disapproved in the same manner as the 

original management plan. 


bajohnson on PROD1PC69 with REPORTS
26 

(B) IMPLEMENTATION.—The local coordinating entity shall not use Federal 

funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment. 

(6) AUTHORITIES.—The Secretary may—

(A) provide technical assistance under the authority of this subtitle for 

the development and implementation of the management plan; and 

(B) enter into cooperative agreements with interested parties to carry out 

this subtitle. 

SEC. 2086. EVALUATION; REPORT. 

(a) IN GENERAL.—Not later than 3 years before the date on which authority for 

Federal funding terminates for the National Heritage Area under this subtitle, the 

Secretary shall—

(1) conduct an evaluation of the accomplishments of the National Heritage 

Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) EVALUATION.—An evaluation conducted under subsection (a)(1) shall—

(1) assess the progress of the local coordinating entity with respect to—

(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved management plan 

for the National Heritage Area; 

(2) analyze the Federal, State, Tribal, and local, and private investments in 

the National Heritage Area to determine the impact of the investments; and 

(3) review the management structure, partnership relationships, and funding 

of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. 

(c) REPORT.—Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United 

States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for 

the future role of the National Park Service, if any, with respect to the National 

Heritage Area. 

SEC. 2087. LOCAL COORDINATING ENTITY. 

(a) DUTIES.—To further the purposes of the National Heritage Area, the Looking 

for Lincoln Heritage Coalition, as the local coordinating entity, shall—

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

the management plan to the Secretary, in accordance with this subtitle; 

(2) submit an annual report to the secretary for each fiscal year for which the 

local coordinating entity receives Federal funds under this subtitle, specifying—

(A) the specific performance goals and accomplishments of the local coordinating entity; 

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

(C) the amounts and sources of matching funds; 

(D) the amounts leveraged with Federal funds and sources of the 

leveraging; and 

(E) grants made to any other entities during the fiscal year; 

(3) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds; and 

(4) encourage economic viability and sustainability that is consistent with the 

purposes of the National Heritage Area. 

(b) AUTHORITIES.—For the purposes of preparing and implementing the approved 

management plan for the National Heritage Area, the local coordinating entity may 

use Federal funds made available under this subtitle to—

(1) make grants to political jurisdictions, nonprofit organizations, and other 

parties within the National Heritage Area; 

(2) enter into cooperative agreements with or provide technical assistance to 

political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; 

(3) hire and compensate staff, including individuals with expertise in—

(A) natural, historical, cultural, educational, scenic, and recreational resource conservation; 

(B) economic and community development; and 

(C) heritage planning; 

(4) obtain funds or services from any source, including other Federal programs; 

(5) contract for goods or services; and 


bajohnson on PROD1PC69 with REPORTS
27 

(6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan. 

(c) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest 

in real property. 

SEC. 2088. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

(a) IN GENERAL.—Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law. 

(b) CONSULTATION AND COORDINATION.—The head of any Federal agency planning 

to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local 

coordinating entity to the maximum extent practicable. 

(c) OTHER FEDERAL AGENCIES.—Nothing in this subtitle—

(1) modifies, alters, or amends any law or regulation authorizing a Federal 

agency to manage Federal land under the jurisdiction of the Federal agency; 

(2) limits the discretion of a Federal land manager to implement an approved 

land use plan within the boundaries of a National Heritage Area; or 

(3) modifies, alters, or amends any authorized use of Federal land under the 

jurisdiction of a Federal agency. 

SEC. 2089. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. 

Nothing in this subtitle—

(1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or 

activity conducted within the National Heritage Area; 

(2) requires any property owner to permit public access (including access by 

Federal, State, Tribal, or local agencies) to the property of the property owner, 

or to modify public access or use of property of the property owner under any 

other Federal, State, Tribal, or local law; 

(3) alters any duly adopted land use regulation, approved land use plan, or 

other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, 

including but not necessarily limited to development and management of energy, water, or water-related infrastructure; 

(4) authorizes or implies the reservation or appropriation of water or water 

rights; 

(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; 

or 

(6) creates any liability, or affects any liability under any other law, of any 

private property owner with respect to any person injured on the private property. 

SEC. 2090. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Subject to subsection (b), there are authorized to be appropriated to carry out this subtitle not more than $1,000,000 for 

any fiscal year. Funds so appropriated shall remain available until expended. 

(b) LIMITATION ON TOTAL AMOUNTS APPROPRIATED.—Not more than $15,000,000 

may be appropriated to carry out this subtitle. 

(c) COST-SHARING REQUIREMENT.—The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued. 

SEC. 2091. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

Nothing in this subtitle shall preclude the local coordinating entity from using 

Federal funds available under other laws for the purposes for which those funds 

were authorized. 

SEC. 2092. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

The authority of the Secretary to provide financial assistance under this subtitle 

terminates on the date that is 15 years after the date of the enactment of this subtitle. 


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Subtitle F—Santa Cruz Valley National Heritage 

Area 

SEC. 2111. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Santa Cruz Valley National 

Heritage Area Act’’. 

(b) TABLE OF CONTENTS.—The table of contents of this subtitle is as follows: 

Sec. 2111. Short title; table of contents. 

Sec. 2112. Purposes. 

Sec. 2113. Definitions. 

Sec. 2114. Designation of Santa Cruz Valley National Heritage Area. 

Sec. 2115. Management plan. 

Sec. 2116. Evaluation; report. 

Sec. 2117. Local coordinating entity. 

Sec. 2118. Relationship to other Federal agencies. 

Sec. 2119. Private property and regulatory protections. 

Sec. 2120. Authorization of appropriations. 

Sec. 2121. Use of Federal funds from other sources. 

Sec. 2122. Sunset for grants and other assistance. 

SEC. 2112. PURPOSES. 

The purposes of this subtitle include—

(1) to establish the Santa Cruz Valley National Heritage Area in the State 

of Arizona; 

(2) to implement the recommendations of the ‘‘Alternative Concepts for Commemorating Spanish Colonization’’ study completed by the National Park Service in 1991, and the ‘‘Feasibility Study for the Santa Cruz Valley National Heritage Area’’ prepared by the Center for Desert Archaeology in July 2005; 

(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 region and to conserve the region’s heritage while continuing to pursue compatible economic opportunities; 

(4) to assist communities, organizations, and citizens in the State of Arizona 

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; and 

(5) to provide appropriate linkages between units of the National Park System and communities, governments, and organizations within the National Heritage Area. 

SEC. 2113. DEFINITIONS. 

In this subtitle: 

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

Santa Cruz Valley National Heritage Area established in this subtitle. 

(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordinating entity’’ means 

the Santa Cruz Valley Heritage Alliance, Inc., which is hereby designated by 

Congress—

(A) to develop, in partnership with others, the management plan for the 

National Heritage Area; and 

(B) to act as a catalyst for the implementation of projects and programs 

among diverse partners in the National Heritage Area. 

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the plan prepared by the local coordinating entity for the National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to 

meet the goals of the National Heritage Area, in accordance with this subtitle. 

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

SEC. 2114. DESIGNATION OF SANTA CRUZ VALLEY NATIONAL HERITAGE AREA. 

(a) ESTABLISHMENT.—There is hereby established the Santa Cruz Valley National 

Heritage Area. 

(b) BOUNDARIES.—

(1) IN GENERAL.—The National Heritage Area shall consist of portions of the 

counties of Santa Cruz and Pima. 

(2) MAP.—The boundaries of the National Heritage Area shall be as generally 

depicted on the map titled ‘‘Santa Cruz Valley National Heritage Area’’, and 

numbered lllllll, and dated lllllll. The map be on file and 

available to the public in the appropriate offices of the National Park Service 

and the local coordinating entity. 


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SEC. 2115. MANAGEMENT PLAN. 

(a) REQUIREMENTS.—The management plan for the National Heritage Area 

shall—

(1) describe comprehensive policies, goals, strategies, and recommendations 

for telling the story of the heritage of the area covered by the National Heritage 

Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area; 

(2) include a description of actions and commitments that Federal, State, 

Tribal, and local governments, private organizations, and citizens will take to 

protect, enhance, interpret, fund, manage, and develop the natural, historical, 

cultural, educational, scenic, and recreational resources of the National Heritage Area; 

(3) specify existing and potential sources of funding or economic development 

strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area; 

(4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed; 

(5) recommend policies and strategies for resource management, including the 

development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, 

educational, scenic, and recreational resources of the National Heritage Area; 

(6) describe a program for implementation for the management plan, including—

(A) performance goals; 

(B) plans for resource protection, enhancement, interpretation, funding, 

management, and development; and 

(C) specific commitments for implementation that have been made by the 

local coordinating entity or any Federal, State, Tribal, or local government 

agency, organization, business, or individual; 

(7) include an analysis of, and recommendations for, means by which Federal, 

State, Tribal, and local programs may best be coordinated (including the role 

of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this subtitle; and 

(8) include a business plan that—

(A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; and 

(B) provides adequate assurances that the local coordinating entity has 

the partnerships and financial and other resources necessary to implement 

the management plan for the National Heritage Area. 

(b) DEADLINE.—

(1) IN GENERAL.—Not later than 3 years after the date on which funds are 

first made available to develop the management plan after designation as a National Heritage Area, the local coordinating entity shall submit the management 

plan to the Secretary for approval. 

(2) TERMINATION OF FUNDING.—If the management plan is not submitted to 

the Secretary in accordance with paragraph (1), the local coordinating entity 

shall not qualify for any additional financial assistance under this subtitle until 

such time as the management plan is submitted to and approved by the Secretary. 

(c) APPROVAL OF MANAGEMENT PLAN.—

(1) REVIEW.—Not later than 180 days after receiving the plan, the Secretary 

shall review and approve or disapprove the management plan for a National 

Heritage Area on the basis of the criteria established under paragraph (3). 

(2) CONSULTATION.—The Secretary shall consult with the Governor of each 

State in which the National Heritage Area is located before approving a management plan for the National Heritage Area. 

(3) CRITERIA FOR APPROVAL.—In determining whether to approve a management plan for a National Heritage Area, the Secretary shall consider whether—

(A) the local coordinating entity represents the diverse interests of the 

National Heritage Area, including Federal, State, Tribal, and local governments, natural and historic resource protection organizations, educational 

institutions, businesses, recreational organizations, community residents, 

and private property owners; 

(B) the local coordinating entity—


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30 

(i) has afforded adequate opportunity for public and Federal, State, 

Tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and 

(ii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan; 

(C) the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if 

implemented, would adequately protect, enhance, interpret, fund, manage, 

and develop the natural, historic, cultural, educational, scenic, and recreational resources of the National Heritage Area; 

(D) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans; 

(E) the local coordinating entity has demonstrated the financial capability, in partnership with others, to carry out the plan; 

(F) the Secretary has received adequate assurances from the appropriate 

State, Tribal, and local officials whose support is needed to ensure the effective implementation of the State, Tribal, and local elements of the management plan; and 

(G) the management plan demonstrates partnerships among the local coordinating entity, Federal, State, Tribal, and local governments, regional 

planning organizations, nonprofit organizations, or private sector parties for 

implementation of the management plan. 

(4) DISAPPROVAL.—

(A) IN GENERAL.—If the Secretary disapproves the management plan, the 

Secretary—

(i) shall advise the local coordinating entity in writing of the reasons 

for the disapproval; and 

(ii) may make recommendations to the local coordinating entity for 

revisions to the management plan. 

(B) DEADLINE.—Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. 

(5) AMENDMENTS.—

(A) IN GENERAL.—An amendment to the management plan that substantially alters the purposes of the National Heritage Area shall be reviewed 

by the Secretary and approved or disapproved in the same manner as the 

original management plan. 

(B) IMPLEMENTATION.—The local coordinating entity shall not use Federal 

funds authorized by this subtitle to implement an amendment to the management plan until the Secretary approves the amendment. 

(6) AUTHORITIES.—The Secretary may—

(A) provide technical assistance under the authority of this subtitle for 

the development and implementation of the management plan; and 

(B) enter into cooperative agreements with interested parties to carry out 

this subtitle. 

SEC. 2116. EVALUATION; REPORT. 

(a) IN GENERAL.—Not later than 3 years before the date on which authority for 

Federal funding terminates for the National Heritage Area under this subtitle, the 

Secretary shall—

(1) conduct an evaluation of the accomplishments of the National Heritage 

Area; and 

(2) prepare a report in accordance with subsection (c). 

(b) EVALUATION.—An evaluation conducted under subsection (a)(1) shall—

(1) assess the progress of the local coordinating entity with respect to—

(A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and 

(B) achieving the goals and objectives of the approved management plan 

for the National Heritage Area; 

(2) analyze the Federal, State, Tribal, and local, and private investments in 

the National Heritage Area to determine the impact of the investments; and 

(3) review the management structure, partnership relationships, and funding 

of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. 

(c) REPORT.—Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit a report to the Committee on Natural Resources of the United 

States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The report shall include recommendations for 


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the future role of the National Park Service, if any, with respect to the National 

Heritage Area. 

SEC. 2117. LOCAL COORDINATING ENTITY. 

(a) DUTIES.—To further the purposes of the National Heritage Area, the Santa 

Cruz Valley Heritage Alliance, Inc., as the local coordinating entity, shall— (1) prepare a management plan for the National Heritage Area, and submit 

the management plan to the Secretary, in accordance with this subtitle; 

(2) submit an annual report to the Secretary for each fiscal year for which 

the local coordinating entity receives Federal funds under this subtitle, specifying—

(A) the specific performance goals and accomplishments of the local coordinating entity; 

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

(C) the amounts and sources of matching funds; 

(D) the amounts leveraged with Federal funds and sources of the 

leveraging; and 

(E) grants made to any other entities during the fiscal year; 

(3) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this subtitle, all information pertaining to the expenditure of the funds and any matching funds; and 

(4) encourage economic viability and sustainability that is consistent with the 

purposes of the National Heritage Area. 

(b) AUTHORITIES.—For the purposes of preparing and implementing the approved 

management plan for the National Heritage Area, the local coordinating entity may 

use Federal funds made available under this subtitle to—

(1) make grants to political jurisdictions, nonprofit organizations, and other 

parties within the National Heritage Area; 

(2) enter into cooperative agreements with or provide technical assistance to 

political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; 

(3) hire and compensate staff, including individuals with expertise in—

(A) natural, historical, cultural, educational, scenic, and recreational resource conservation; 

(B) economic and community development; and 

(C) heritage planning; 

(4) obtain funds or services from any source, including other Federal programs; 

(5) contract for goods or services; and 

(6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan. 

(c) PROHIBITION ON ACQUISITION OF REAL PROPERTY.—The local coordinating entity may not use Federal funds authorized under this subtitle to acquire any interest 

in real property. 

SEC. 2118. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

(a) IN GENERAL.—Nothing in this subtitle affects the authority of a Federal agency to provide technical or financial assistance under any other law. 

(b) CONSULTATION AND COORDINATION.—The head of any Federal agency planning 

to conduct activities that may have an impact on a National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local 

coordinating entity to the maximum extent practicable. 

(c) OTHER FEDERAL AGENCIES.—Nothing in this subtitle—

(1) modifies, alters, or amends any law or regulation authorizing a Federal 

agency to manage Federal land under the jurisdiction of the Federal agency; 

(2) limits the discretion of a Federal land manager to implement an approved 

land use plan within the boundaries of a National Heritage Area; or 

(3) modifies, alters, or amends any authorized use of Federal land under the 

jurisdiction of a Federal agency. 

SEC. 2119. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. 

Nothing in this subtitle—

(1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or 

activity conducted within the National Heritage Area; 

(2) requires any property owner to permit public access (including access by 

Federal, State, Tribal, or local agencies) to the property of the property owner, 

or to modify public access or use of property of the property owner under any 

other Federal, State, Tribal, or local law; 


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(3) alters any duly adopted land use regulation, approved land use plan, or 

other regulatory authority of any Federal, State, Tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, 

including but not necessarily limited to development and management of energy, water, or water-related infrastructure; 

(4) authorizes or implies the reservation or appropriation of water or water 

rights; 

(5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; 

or (6) creates any liability, or affects any liability under any other law, of any 

private property owner with respect to any person injured on the private property. 

SEC. 2120. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Subject to subsection (b), there are au- thorized to be appropriated to carry out this subtitle not more than $1,000,000 for 

any fiscal year. Funds so appropriated shall remain available until expended. 

(b) LIMITATION ON TOTAL AMOUNTS APPROPRIATED.—Not more than $15,000,000 

may be appropriated to carry out this subtitle. 

(c) COST-SHARING REQUIREMENT.—The Federal share of the total cost of any activity under this subtitle shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued. 

SEC. 2121. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

Nothing in this subtitle shall preclude the local coordinating entity from using 

Federal funds available under other laws for the purposes for which those funds 

were authorized. 

SEC. 2122. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

The authority of the Secretary to provide financial assistance under this subtitle 

terminates on the date that is 15 years after the date of enactment of this subtitle. 

TITLE III—STUDY 

SEC. 3001. STUDY AND REPORT OF PROPOSED NORTHERN NECK NATIONAL HERITAGE AREA. 

(a) The Secretary of the Interior (hereafter referred to as ‘‘the Secretary’’), in consultation with appropriate State historic preservation officers, State historical societies, and other appropriate organizations, shall conduct a study of the suitability 

and feasibility of designating the area described in subsection (d) as the Northern 

Neck National Heritage Area in the Commonwealth of Virginia. 

(b) CRITERIA.—In conducting the study, the Secretary shall apply the following criteria to determine the suitability and feasibility of designating the area described 

in subsection (d) as a National Heritage Area: 

(1) The area— (A) has an assemblage of natural, historic, cultural, educational, scenic, 

or recreational resources that together are nationally important to the heritage of the United States; 

(B) represents distinctive aspects of the heritage of the United States 

worthy of recognition, conservation, interpretation, and continuing use; 

(C) is best managed as such an assemblage through partnerships among 

public and private entities at the local or regional level; 

(D) reflects traditions, customs, beliefs, and folklife that are a valuable 

part of the heritage of the United States; 

(E) provides outstanding opportunities to conserve natural, historical, cultural, or scenic features; 

(F) provides outstanding recreational or educational opportunities; and 

(G) has resources and traditional uses that have national importance. 

(2) Residents, business interests, nonprofit organizations, and governments 

(including relevant Federal land management agencies) within the proposed 

area are involved in the planning and have demonstrated significant support 

through letters and other means for National Heritage Area designation and 

management. 

(3) The local coordinating entity responsible for preparing and implementing 

the management plan is identified. 

(4) The proposed local coordinating entity and units of government supporting 

the designation have documented their commitment to work in partnership to 

protect, enhance, interpret, fund, manage, and develop resources within the National Heritage Area. 


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(5) The proposed local coordinating entity has developed a conceptual financial plan that outlines the roles of all participants (including the Federal Government) in the management of the National Heritage Area. 

(6) The proposal is consistent with continued economic activity within the 

area. 

(7) A conceptual boundary map has been developed and is supported by the 

public and participating Federal agencies. 

(c) CONSULTATION.—In conducting the study, the Secretary shall consult with the 

managers of any Federal land within the proposed National Heritage Area and secure the concurrence of the managers with the findings of the study before making 

a determination for designation. 

(d) BOUNDARIES OF THE STUDY AREA.—The study area referred to in subsection 

(a) shall be comprised of the following: 

(1) The part of Virginia between the Potomac and the Rappahannock Rivers 

in eastern coastal Virginia. 

(2) Westmoreland, Northumberland, Richmond, King George, and Lancaster 

Counties, Virginia. 

(3) Other areas that have heritage aspects that are similar to those aspects 

that are in the areas described in paragraphs (1) and (2) and which are adjacent 

to or in the vicinity of those areas. 

(e) REPORT.—The Secretary shall 

(1) review, comment on, and determine if the study meets the criteria specified in subsection (b) for designation as a National Heritage Area; 

(2) consult with the Governor of the Commonwealth of Virginia; and 

(3) not later than 3 fiscal years after the date on which funds are first made 

available for this section, submit to the Committee on Natural Resources of the 

House of Representatives and the Committee on Energy and Natural Resources 

of the Senate a report on the findings, conclusions and recommendations of the 

study, including—

(A) any comments received from the Governor of the Commonwealth of 

Virginia; and 

(B) a finding as to whether the proposed National Heritage Area meets 

the criteria for designation. 

(f) DISAPPROVAL.—If the Secretary determines that the proposed National Heritage Area does not meet the criteria for designation, the Secretary shall include within the study submitted under subsection (e)(3) a description of the reasons for the 

determination. 

TITLE IV—TECHNICAL CORRECTIONS AND 

ADDITIONS 

SEC. 4001. NATIONAL COAL HERITAGE AREA TECHNICAL CORRECTIONS. 

Title I of Division II of the Omnibus Parks and Public Lands Management Act 

of 1996 (Public Law 104–333 as amended by Public Law 106–176 and Public Law 

109–338) is amended—

(1) by striking section 103(b) and inserting the following: 

‘‘(b) BOUNDARIES.—The National Coal Heritage Area shall be comprised of Lincoln 

County, West Virginia, and Paint Creek and Cabin Creek within Kanawah County, 

West Virginia, and the counties that are the subject of the study by the National 

Park Service, dated 1993, entitled ‘A Coal Mining Heritage Study: Southern West 

Virginia’ conducted pursuant to title VI of Public Law 100–699.’’; 

(2) by striking section 105 and inserting the following: 

‘‘SEC. 105. ELIGIBLE RESOURCES. 

‘‘(a) IN GENERAL.—The resources eligible for the assistance under section 104 

shall include—

‘‘(1) resources in Lincoln County, West Virginia, and Paint Creek and Cabin 

Creek in Kanawah County, West Virginia, as determined to be appropriate by 

the National Coal Heritage Area Authority; and 

‘‘(2) the resources set forth in appendix D of the study by the National Park 

Service, dated 1993, entitled ‘A Coal Mining Heritage Study: Southern West 

Virginia’ conducted pursuant to title VI of Public Law 100–699. 

‘‘(b) PRIORITY.—Priority consideration shall be given to those sites listed as ‘Conservation Priorities’ and ‘Important Historic Resources’ as depicted on the map entitled ‘Study Area: Historic Resources’ in such study.’’; and 

(3) in section 106(a)—


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(A) by striking ‘‘Governor’’ and all that follows through ‘‘Parks,’’ and inserting ‘‘National Coal Heritage Area Authority’’; and 

(B) in paragraph (3), by striking ‘‘State of West Virginia’’ and all that follows through ‘‘entities, or’’ and inserting ‘‘National Coal Heritage Area Authority or’’; and 

(4) in section 106(b), by inserting ‘‘not’’ before ‘‘meet’’. 

SEC. 4002. RIVERS OF STEEL NATIONAL HERITAGE AREA ADDITION. 

Section 403(b) of title IV of Division II of the Omnibus Parks and Public Lands 

Management Act of 1996 (Public Law 104–333) is amended by inserting ‘‘Butler,’’ after ‘‘Beaver,’’. 

SEC. 4003. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR ADDITION. 

Section 604(b)(2) of title VI of Division II of the Omnibus Parks and Public Lands 

Management Act of 1996 is amended by adding at the end the following new subparagraphs: ‘‘(O) Berkeley County. 

‘‘(P) Saluda County. 

‘‘(Q) The portion of Georgetown County that is not part of the Gullah/ 

Geechee Cultural Heritage Corridor.’’. 

SEC. 4004. OHIO AND ERIE CANAL NATIONAL HERITAGE CORRIDOR TECHNICAL CORRECTIONS. 

Title VIII of Division II of the Omnibus Parks and Public Lands Management Act 

of 1996 (Public Law 104–333) is amended— (1) by striking ‘‘Canal National Heritage Corridor’’ each place it appears and 

inserting ‘‘National Heritage Canalway’’; 

(2) by striking ‘‘corridor’’ each place it appears and inserting ‘‘canalway’’, except in references to the feasibility study and management plan; 

(3) in the heading of section 808(a)(3), by striking ‘‘CORRIDOR’’ and inserting ‘‘CANALWAY’’; 

(4) in the title heading, by striking ‘‘CANAL NATIONAL HERITAGE CORRIDOR’’ and inserting ‘‘NATIONAL HERITAGE CANALWAY’’; 

(5) in section 803— (A) by striking paragraph (2); 

(B) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs 

(2), (3), (4), (5), and (6), respectively; 

(C) in paragraph (2) (as redesignated by this Act), by striking ‘‘808’’ and 

inserting ‘‘806’’; and 

(D) in paragraph (6) (as redesignated by this Act), by striking ‘‘807(a)’’ and inserting ‘‘805(a)’’; 

(6) in the heading of section 804, by striking ‘‘canal national heritage corridor’’ and inserting ‘‘national heritage canalway’’; 

(7) in the second sentence of section 804(b)(1), by striking ‘‘808’’ and inserting ‘‘806’’; 

(8) by striking sections 805 and 806; 

(9) by redesignating sections 807, 808, 809, 810, 811, and 812 as sections 805, 

806, 807, 808, 809, and 810, respectively; 

(10) in section 805(c)(2) (as redesignated by this Act), by striking ‘‘808’’ and 

inserting ‘‘806’’; 

(11) in section 806 (as redesignated by this Act)— (A) in subsection (a)(1), by striking ‘‘Committee’’ and inserting ‘‘Secretary’’; 

(B) in the heading of subsection (a)(1), by striking ‘‘COMMITTEE’’ and inserting ‘‘SECRETARY’’; 

(C) in subsection (a)(3), in the first sentence of subparagraph (B), by 

striking ‘‘Committee’’ and inserting ‘‘management entity’’; 

(D) in subsection (e), by striking ‘‘807(d)(1)’’ and inserting ‘‘805(d)(1)’’; and 

(E) in subsection (f), by striking ‘‘807(d)(1)’’ and inserting ‘‘805(d)(1)’’; 

(12) in section 807 (as redesignated by this Act), in subsection (c) by striking 

‘‘Cayohoga Valley National Recreation Area’’ and inserting ‘‘Cayohoga Valley 

National Park’’; 

(13) in section 808 (as redesignated by this Act)—

(A) in subsection (b), by striking ‘‘Committee or’’; and 

(B) in subsection (c), in the matter before paragraph (1), by striking 

‘‘Committee’’ and inserting ‘‘management entity’’; and 

(14) in section 809 (as redesignated by Act), by striking ‘‘assistance’’ and inserting ‘‘financial assistance’’. 

SEC. 4005. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE EXTENSION OF AUTHORIZATION. 

Section 6 of Public Law 100–515 (16 U.S.C. 1244 note) is amended as follows: 


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(1) Strike paragraph (1) of subsection (b) and insert the following new paragraph: 

‘‘(1) IN GENERAL.—Amounts made available under subsection (a) shall be used 

only for—

‘‘(A) technical assistance; 

‘‘(B) the design and fabrication of interpretive materials, devices, and 

signs; and 

‘‘(C) the preparation of the strategic plan.’’. 

(2) Paragraph (3) of subsection (b) is amended by inserting after subparagraph (B) a new subparagraph as follows: 

‘‘(C) Notwithstanding paragraph (3)(A), funds made available under subsection (a) for the preparation of the strategic plan shall not require a nonFederal match.’’. 

(3) Subsection (c) is amended by striking ‘‘2007’’ and inserting ‘‘2011’’. 

SEC. 4006. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR TECHNICAL CORRECTIONS. 

The Erie Canalway National Heritage Corridor Act (title VIII of Appendix D of 

Public Law 106–554, 114 Stat. 2763A–295) is amended—

(1) in section 804(b)—

(A) by striking ‘‘27’’ and inserting ‘‘at least 21 members, but not to exceed 

27’’; 

(B) in paragraph (2), by striking ‘‘Environment’’ and inserting ‘‘Environmental’’; 

(C) in paragraph (3), by striking ‘‘19’’; 

(D) in paragraph (3)—

(i) by striking subparagraph (A) and redesignating subsequent subparagraphs accordingly; 

(ii) in subparagraph (B) (as redesignated by clause (i)), by striking 

the second sentence; and 

(iii) by adding after subparagraph (B) the following new subparagraph: 

‘‘(C) The remaining members shall be based on recommendations from 

each member of the United States House of Representatives whose district 

encompasses the Corridor, each of whom shall be a resident of or employed 

within the district from which they shall be recommended.’’; 

(2) in section 804(f), by striking ‘‘Fourteen members of the Commission’’ and 

inserting ‘‘A majority of the seated (sworn) Commissioners’’; 

(3) in section 804(g), by striking ‘‘14 of its members.’’ and inserting ‘‘a majority of the seated (sworn) Commissioners.’’; 

(4) in section 804(h)(4), by striking ‘‘staff to carry out its duties;’’ and inserting ‘‘such staff as may be necessary to carry out its duties. Staff appointed by 

the Commission—

‘‘(A) may be appointed subject to the provisions of title 5, United States 

Code, governing appointments in the competitive service; and 

‘‘(B) may be paid in accordance with the provisions of chapter 51 and subchapter III of Chapter 53 of such title relating to the classification and General Schedule pay rates;’’. 

(5) in section 804(j), by striking ‘‘10 years after the date of enactment of this 

title’’ and inserting ‘‘15 years after the date of the enactment of this title’’; 

(6) in section 807(e), by striking ‘‘duties with regard to the preparation and 

approval of the Canalway Plan.’’ and inserting ‘‘duties.’’; 

(7) in section 807, by adding at the end the following: 

‘‘(f) OPERATIONAL ASSISTANCE.—Subject to the availability of appropriations, the 

Superintendent of Saratoga National Historical Park may, on request, provide to 

public and private organizations in the Heritage Area, including the Commission, 

any operational assistance that is appropriate for the purpose of supporting the implementation of the management plan.’’; and 

(8) in section 810(a)(1), by inserting after the first sentence: ‘‘Such sums shall 

remain available until expended.’’. 

TITLE V—SENSE OF CONGRESS REGARDING 

FUNDING 

SEC. 5001. SENSE OF CONGRESS REGARDING FUNDING. 

It is the sense of Congress that the Federal Government should not fund a national heritage area in perpetuity. 


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PURPOSE OF THE BILL

The purpose of H.R. 1483, as ordered reported, is to amend the 

Omnibus Parks and Public Lands Management Act of 1996 to extend the funding authorization for certain national heritage areas, 

designate six new national heritage areas, provide for the study of 

a potential new area, and make other changes in the administration of certain national heritage areas. 

BACKGROUND AND NEED FOR LEGISLATION

National Heritage Areas are locally-driven projects which conserve and interpret historic and cultural resources through coordinated efforts by federal, state and local governmental entities as 

well as private parties. The Department of the Interior, acting 

through the National Park Service, provides limited matching 

funds and technical assistance to a designated local entity responsible for coordinating management of the area. Heritage areas are 

not units of the National Park System, but require Congressional 

authorization and must have a completed study, acceptable to the 

Secretary of the Interior, supporting designation. To date, Congress 

has approved 37 national heritage areas. 

As reported, H.R. 1483 would establish six new national heritage 

areas: Journey through Hallowed Ground NHA in Pennsylvania, 

Maryland, West Virginia and Virginia; Niagara Falls NHA in New 

York, Muscle Shoals NHA in Alabama, Freedom’s Way NHA in 

Massachusetts and New Hampshire, Abraham Lincoln NHA in Illinois; and Santa Cruz Valley NHA in Arizona. 

Each of these areas have been studied and meet the standards 

set forth for suitability and feasibility of such areas, including having 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 which would be best managed through partnerships among 

public and private entities so as to combine their diverse and sometimes noncontiguous resources and active communities. 

The areas also reflect traditions, customs, beliefs, and folklife 

that are a valuable part of the national story; provide outstanding 

opportunities to conserve natural, historic, cultural, or scenic features; provide outstanding recreational and educational opportunities; and contain resources important to the identified theme or 

themes of the area that retain a degree of integrity capable of supporting interpretation. 

Supporters of each area include residents, business interests, 

nonprofit organizations, and local and state governments who are 

all involved in the planning. Each proposed heritage area has developed a conceptual financial plan that outlines the roles of all 

participants (including the Federal Government), and has demonstrated support for the concept of a national heritage area. Each 

proposed heritage area has also identified a potential management 

entity and developed a conceptual boundary map that is supported 

by the public. 

As reported, H.R. 1483 would also authorize additional funding 

for nine existing national heritage areas: America’s Agricultural 

Heritage Partnership (Silos and Smokestacks) (IA), Augusta Canal 

(GA), Essex (MA), Hudson River Valley (NY), Coal (WV), Ohio and 


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Erie Canal (OH), Rivers of Steel (PA), South Carolina (SC), and 

Tennessee Civil War (TN), and requires the Secretary of the Interior to evaluate the long-term viability of each area. 

H.R. 1483 as reported also would require a study of Virginia’s 

Northern Neck as a possible heritage area; make technical changes 

to the management language governing the Ohio and Erie Canal 

National Heritage Corridor, the National Coal Heritage Area, and 

Erie Canalway National Heritage Corridor (NY); would add counties to the South Carolina and Rivers of Steel NHAs; and would extend the authorization of the New Jersey Coastal Heritage Trail 

Route. 

COMMITTEE ACTION

H.R. 1483 was introduced on March 12, 2007, by Rep. Ralph Regula (R–OH). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on National Parks, Forests and Public Lands. 

H.R. 1483 was the subject of a hearing before the Subcommittee 

on National Parks, Forests and Public Lands on May 15, 2007. 

Free standing bills establishing the Journey through Hallowed 

Ground NHA and the Niagara Falls NHA were approved by the 

Natural Resources Committee on March 7, 2007, and May 2, 2007, 

respectively. 

Hearings on the other four new national heritage areas were 

held on June 14, 2007, for the Abraham Lincoln NHA (H.R. 1625) 

and on July 12, 2007, for Muscle Shoals (H.R. 1145), Freedom’s 

Way (H.R. 1297) and Santa Cruz Valley (H.R. 1885). 

The July 12 hearing also featured H.R. 105, which would mandate the Northern Neck study; H.R. 1083, which would add a county to the Rivers of Steel NHA; and H.R. 1815, which would grant 

a short extension to the authorization of the New Jersey Coastal 

Heritage Trail Route. 

On September 26, 2007, the Full Natural Resources Committee 

met to consider H.R. 1483. 

Rep. Raul Grijalva (D–AZ) offered an amendment in the nature 

of a substitute to raise the appropriations ceiling for each of the 

nine national heritage areas identified in the original bill from the 

current $10 million to $15 million, rather than $20 million as specified in the bill as introduced. The substitute does not provide any 

extension of the current sunset dates for these areas. The substitute would also require an evaluation and report procedure as 

requested by the National Park Service, would designate six new 

national heritage areas and set out management, evaluation, sunset and other requirements for each area; direct the National Park 

Service to study the suitability and feasibility of designating a national heritage area in the Northern Neck of Virginia; make technical corrections in the establishing legislation of three existing national heritage areas, incorporate additional counties within the 

boundaries of two existing areas, and extend the authorization of 

the New Jersey Coastal Heritage Trail Route for four years and 

make other technical changes relating to a report required by Public Law 109–338. 

An amendment offered by Rep. Jeff Flake (R–AZ) to express the 

sense of Congress that the federal government should not fund a 

national heritage area in perpetuity was agreed to by voice vote. 


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An amendment offered by Rep. Dean Heller (R–NV) to delete the 

sixth congressional district of Maryland and the fifth congressional 

district of Virginia from the Journey through Hallowed Ground National Heritage Area was rejected on a voice vote. 

An amendment offered by Rep. Doug Lamborn (R–CO) to insert 

a savings clause relating to the development and management of 

energy, water and water-related infrastructure was offered then 

withdrawn. 

Subsequently, an amendment offered by Chairman Nick Rahall 

(D–WV) to specify that development and management of energy, 

water and water-related infrastructure are included in the regulatory activities that are not altered by new heritage area designations was agreed to by voice vote. 

An amendment offered by Rep. Rob Bishop (R–UT) to require notification of each private property owner whose land would be preserved, conserved or promoted by the management plan, and to require that any property owner be allowed to withdraw their property from the heritage area by written request, was rejected on a 

voice vote. 

The Grijalva amendment in the nature of a substitute, as amended, was agreed to by voice vote. 

The bill, as amended, was then ordered favorably reported to the 

House of Representatives by a roll call vote of 23 to 12, as follows: 


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bajohnson on PROD1PC69 with REPORTSInsert graphic folio 40 HR388.001
40 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 states that the bill may be cited as the ‘‘Celebrating 

America’s Heritage Act.’’

Section 2. Table of contents 

Section 2 lays out the bill’s table of contents. 

TITLE I: AUTHORIZATION EXTENSIONS AND VIABILITY STUDIES

Title I would increase the total funding authorization from $10 million to $15 million for nine existing national heritage areas 

(NHAs): America’s Agricultural Heritage Partnership (Silos and 

Smokestacks) (IA), Augusta Canal (GA), Essex (MA), Hudson River 

Valley (NY), Coal (WV), Ohio and Erie Canal (OH), Rivers of Steel 

(PA), South Carolina (SC), and Tennessee Civil War (TN). 

Title I would also require the National Park Service to evaluate 

the accomplishments of each of those areas, report to Congress on 

those accomplishments, as well as on government and private investment in the area and make recommendations on the future 

role, if any, of the National Park Service in that heritage area. The 

evaluation would begin not later than three years before the sunset 

date for the area. 

TITLE II: ESTABLISHMENT OF NATIONAL HERITAGE AREAS

The six subtitles of Title II would each establish a new national 

heritage area: Journey through Hallowed Ground NHA in Virginia, 

West Virginia, Maryland, and Pennsylvania (Subtitle A), Niagara 

Falls NHA in New York (Subtitle B), Muscle Shoals NHA in Alabama (Subtitle C), Freedom’s Way NHA in Massachusetts and New 

Hampshire (Subtitle D), Abraham Lincoln NHA in Illinois (Subtitle 

E); and Santa Cruz Valley NHA in Arizona (Subtitle F). 

Each subtitle sets forth the definitions and purposes of the particular NHA, specifies the states and counties involved, cites a National Park Service map describing the boundaries, identifies the 

local coordinating entity responsible for the area, sets out requirements for development and implementation of a management plan, 

establishes an evaluation requirement identical to that contained 

in Title I, describes the duties and authorities of the local coordinating entity, outlines the area’s relationship to other federal agencies, sets forth protections for private property owners and makes 

clear that the designation does not alter existing regulations or 

land use plans, authorizes up to $1 million annually for 15 years 

for a total of up to $15 million, and terminates the authority of the 

National Park Service to provide assistance under each subtitle 15 

years after the date of enactment. 

Each subtitle includes property rights language identical to that 

which has already been approved several times by this committee, 

the Senate Energy and Natural Resources Committee and the full 

Senate. That language includes provisions making clear that nothing in each subtitle abridges any property right ‘‘including the right 

to refrain from participating in any plan, project, program of activity conducted within the National Heritage Area,’’ and that property owners may not be required under this act to grant access to 

or through their property. 


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Additionally, each subtitle includes language that would prohibit 

the local coordinating entity from using Federal funds authorized 

under this act to acquire any interest in real property. 

Each subtitle also makes clear that duly adopted land use regulations and plans as well as any other Federal, state, local or tribal 

regulatory authority are unaffected by the legislation, including development and management of infrastructure related to energy and 

water projects. 

Each subtitle also expressly states that no water rights are authorized or implied, and that states’ authority to manage fish and 

wildlife (including hunting within the National Heritage Area) are 

unaffected. 

TITLE III: STUDY

Title III would direct the National Park Service to study the suitability and feasibility of designating certain portions of the Commonwealth of Virginia as the Northern Neck National Heritage 

Area. 

TITLE IV: TECHNICAL CORRECTIONS AND ADDITIONS

Title IV would make technical corrections in the establishing legislation of the National Coal Heritage Area, the Ohio & Erie Canal 

National Heritage Corridor, and the Erie Canalway National Heritage Corridor. 

Specifically, the changes for the National Coal Heritage Area 

would authorize the transition of the management entity to a new 

organization, the National Coal Heritage Area Authority, and make 

other technical changes. The technical corrections for the Ohio & 

Erie Canal are mostly related to a name change for the area and 

the deauthorization of the Ohio & Erie Canal National Heritage 

Corridor Committee, whose duties have already been assumed by 

a non-profit management entity. 

Title IV would also make a series of technical changes in the legislation (PL 106–554) authorizing the Erie Canalway National Heritage Corridor. The changes relate to the makeup and operation of 

the commission established in the original law to develop a management plan; the amendments would also allow appropriated 

funds to remain available until spent. 

Title IV would also add Butler County, PA, to the Rivers of Steel 

NHA; and Berkeley, Saluda and part of Georgetown County to the 

South Carolina National Heritage Corridor. 

Title IV would also extend the authorization of the New Jersey 

Coastal Heritage Trail Route by three years to allow completion of 

a strategic plan ordered by the 109th Congress (PL 109–338) and 

authorize the use of federal funding to complete the plan. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 


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CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules 

of the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in 

carrying out this bill. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee 

has included in its report a timely submitted cost estimate of the 

bill prepared by the Director of the Congressional Budget Office 

under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of 

rule XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required 

by clause 3(c)(4) of rule XIII, the general performance goal or objective of this bill is to amend the Omnibus Parks and Public Lands 

Management Act of 1996 to extend the authorization for certain 

national heritage areas, and for other purposes. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 1483—Celebrating America’s Heritage Act 

Summary: H.R. 1483 would establish six national heritage areas 

(NHAs), which are nonfederal lands and communities managed privately in conjunction with the National Park System. For each of 

the new areas, the bill would authorize the appropriation of $1 million annually, up to $15 million over 15 years. In addition, the bill 

would increase the ceiling on authorizations of appropriations for 

nine existing NHAs. 

Assuming appropriation of the authorized amounts, CBO estimates that the National Park Service (NPS) would spend $6 million in 2008 and $46 million over the 2008–2012 period to implement H.R. 1483. An additional $60 million would be spent after 

2012. Enacting H.R. 1483 would have no significant effect on revenues or direct spending. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the federal government: The estimated budgetary impact of H.R. 1483 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 


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By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Spending for Proposed NHAs: 

Estimated Authorization Level ................................................... 6 6 6 6 6 

Estimated Outlays ...................................................................... 6 6 6 6 6 

Spending for Existing NHAs: 

Estimated Authorization Level ................................................... 0 3 4 4 5 

Estimated Outlays ...................................................................... 0 3 4 4 5 

Total Spending Under H.R. 1483: 

Estimated Authorization Level ................................................... 6 9 10 10 11 

Estimated Outlays ...................................................................... 6 9 10 10 11 

Basis of estimate: For this estimate, CBO assumes that H.R. 

1483 will be enacted early in fiscal year 2008 and that the authorized amounts will be appropriated for each year. The NPS would 

use such appropriations to provide technical and financial assistance to the managing entities of the NHAs, which are usually local 

nonprofit organizations. Historically, the NPS has received appropriations of between $8 million and $14 million a year for that purpose. 

Spending for proposed NHAs 

The authorization levels in the table include $1 million annually 

for each of the six NHAs that would established by the bill: • Journey Through Hallowed Ground NHA in Maryland and Virginia; • Niagara Falls NHA in New York; • Muscle Shoals NHA in Alabama; • Freedom’s Way NHA in Massachusetts and New Hampshire; 

ABRAHAM LINCOLN NHA IN ILLINOIS; AND SANTA CRUZ VALLEY

NHA IN ARIZONA. 

Assuming appropriation of the authorized amounts, CBO estimates that the NPS would spend $6 million in 2008 and $30 million over the 2008–2012 period to assist the NHAs with planning 

and development. We estimate that $60 million would be spent for 

this purpose after 2012. 

Spending for existing NHAs 

The bill would raise, from $10 million to $15 million, the authorization ceiling for nine NHAs that were established in 1996. Under 

this provision, the nine NHAs would be eligible to receive additional payments of up to $1 million annually after they have 

reached the existing ceiling. The affected areas, and their aggregate appropriations to date, include: 

• America’s Agricultural Heritage Partnership ($5.1 million); 

• Augusta Canal NHA ($4.7 million); • Essex NHA ($9.3 million); 

• Hudson River Valley NHA ($6 million); 

• National Coal Heritage Area ($1.9 million); 

• Ohio and Erie Canal National Heritage Canalway ($9.4 million); 

• Rivers of Steel NHA ($9.4 million); 

• South Carolina National Heritage Corridor ($7.9 million); 

and 


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44 

• Tennessee Civil War Heritage Area ($2.1 million) 

Based on appropriations to date and assuming appropriation of 

the additional amounts authorized by the bill for each area after 

it reaches the existing ceiling, CBO estimates that implementing 

this aspect of H.R. 1483 would cost $16 million over the 2008–2012 

period. We expect that three of the NHAs would begin receiving the 

additional funding in 2009. That number would increase to five by 

2012. As under existing law, authority for funding for those nine 

areas would expire after fiscal year 2012; therefore, no additional 

amounts would be spent after that period under the legislation. 

Intergovernmental and private-sector impact: H.R. 1483 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Previous CBO estimates: CBO has transmitted cost estimates 

during the 110th Congress for several bills that would establish the 

Journey Through Hallowed Ground NHA (see S. 289 and H.R. 319), 

the Niagara Falls NHA (see S. 800 and H.R. 713), and the Abraham Lincoln NHA (see S. 955). The estimated costs of those bills 

were the same as those for the similar provisions in H.R. 1483. 

Estimate prepared by: Federal costs: Deborah Reis; Impact on 

state, local, and tribal governments: Leo Lex; Impact on the private 

sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 1483 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT 

ACT OF 1996 

(Division II of Public Law 104–333) 

* * * * * * * 


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DIVISION II 

TITLE I—NATIONAL COAL HERITAGE 

AREA 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘National Coal Heritage Area Act 

of 1996’’. 

* * * * * * * 

SEC. 103. ESTABLISHMENT. 

(a) * * * 

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

following: 

ø(1) The counties; and in the State of West Virginia that are 

the subject of the study by the National Park Service, dated 

1993, entitled ‘‘A Coal Mining Heritage Study: Southern West 

Virginia’’ conducted pursuant to title VI of Public Law 100–

699. 

ø(2) Lincoln County, West Virginia. 

ø(3) Paint Creek and Cabin Creek within Kanawha County, 

West Virginia.¿ 

(b) BOUNDARIES.—The National Coal Heritage Area shall be comprised of Lincoln County, West Virginia, and Paint Creek and 

Cabin Creek within Kanawah County, West Virginia, and the counties that are the subject of the study by the National Park Service, 

dated 1993, entitled ‘‘A Coal Mining Heritage Study: Southern West 

Virginia’’ conducted pursuant to title VI of Public Law 100–699. 

* * * * * * * 

øSEC. 105. ELIGIBLE RESOURCES. 

øThe resources eligible for the assistance under paragraph (2) of 

section 104 shall include those set forth in appendix D of the study 

by the National Park Service, dated 1993, entitled ‘‘A Coal Mining 

Heritage Study: Southern West Virginia’’, conducted pursuant to 

title VI of Public Law 100–699. Priority consideration shall be 

given to those sites listed as ‘‘Conservation Priorities’’ and ‘‘Important Historic Resources’’ as depicted on the map entitled ‘‘Study 

Area: Historic Resources’’ in such study.¿ 

SEC. 105. ELIGIBLE RESOURCES. 

(a) IN GENERAL.—The resources eligible for the assistance under 

section 104 shall include—

(1) resources in Lincoln County, West Virginia, and Paint 

Creek and Cabin Creek in Kanawah County, West Virginia, as 

determined to be appropriate by the National Coal Heritage 

Area Authority; and 

(2) the resources set forth in appendix D of the study by the 

National Park Service, dated 1993, entitled ‘‘A Coal Mining 

Heritage Study: Southern West Virginia’’ conducted pursuant to 

title VI of Public Law 100–699. 

(b) PRIORITY.—Priority consideration shall be given to those sites 

listed as ‘‘Conservation Priorities’’ and ‘‘Important Historic ReVerDate Aug 31 2005 01:36 Oct 19, 2007 Jkt 069006 PO 00000 Frm 00045 Fmt 6659 Sfmt 6603 E:\HR\OC\HR388.XXX HR388

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sources’’ as depicted on the map entitled ‘‘Study Area: Historic Resources’’ in such study. 

SEC. 106. COAL HERITAGE MANAGEMENT PLAN. 

(a) IN GENERAL.—Pursuant to the contractual agreement referred to in section 104, within three years after the date of enactment of this title, the øGovernor of the State of West Virginia, acting through the Division of Culture and History and the Division 

of Tourism and Parks,¿ National Coal Heritage Area Authority 

shall submit to the Secretary a Coal Heritage Management Plan 

for the Area. The plan shall at a minimum— (1) * * * 

* * * * * * * 

(3) set forth the responsibilities of the øState of West 

Virginia, units of local government, nonprofit entities, or¿ National Coal Heritage Area Authority or the 

Secretary to administer any properties acquired pursuant to 

section 104. 

(b) PLAN APPROVAL.—The Secretary shall approve the plan submitted under subsection (a) unless he determines that it would not 

meet the objectives of this title. 

* * * * * * * 

SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 

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

this title not more than $1,000,000 for any fiscal year. Not more 

than a total of ø$10,000,000¿ $15,000,000 may be appropriated for 

the Area under this title. 

* * * * * * * 

TITLE II—TENNESSEE CIVIL WAR 

HERITAGE AREA 

* * * * * * * 

SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated under this title not more than $1,000,000 for any fiscal year. Not more 

than a total of ø$10,000,000¿ $15,000,000 may be appropriated for 

the national heritage area under this title. 

* * * * * * * 

TITLE III—AUGUSTA CANAL NATIONAL 

HERITAGE AREA 

* * * * * * * 

SEC. 311. AUTHORIZATION OF APPROPRIATIONS. 

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

this title not more than $1,000,000 for any fiscal year. Not more 

than a total of ø$10,000,000¿ $15,000,000 may be appropriated for 

the Heritage Area under this title. 

* * * * * * * 


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TITLE IV—STEEL INDUSTRY HERITAGE 

PROJECT 

* * * * * * * 

SEC. 403. STEEL INDUSTRY AMERICAN HERITAGE AREA. 

(a) * * * 

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

counties of Allegheny, Armstrong, Beaver, Butler, Fayette, Greene, 

Washington, and Westmoreland in Pennsylvania. 

* * * * * * * 

SEC. 409. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated under this title not more than $1,000,000 for any fiscal year. Not more 

than a total of ø$10,000,000¿ $15,000,000 may be appropriated for 

the Heritage Area under this title. 

* * * * * * * 

TITLE V—ESSEX NATIONAL HERITAGE 

AREA 

* * * * * * * 

SEC. 508. AUTHORIZATION OF APPROPRIATIONS. 

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

this title not more than $1,000,000 for any fiscal year. Not more 

than a total of ø$10,000,000¿ $15,000,000 may be appropriated for 

the Area under this title. 

* * * * * * * 

TITLE VI—SOUTH CAROLINA NATIONAL 

HERITAGE CORRIDOR 

* * * * * * * 

SEC. 604. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR. 

(a) * * * 

(b) BOUNDARIES.—

(1) * * * 

(2) INCLUDED COUNTIES.—The Corridor shall consist of the 

following counties of South Carolina, in part or in whole, as the 

heritage plan may specify on the recommendations of the units 

of local government with the Corridor area: 

(A) Oconee. 

* * * * * * * 

(O) Berkeley County. 

(P) Saluda County. 

(Q) The portion of Georgetown County that is not part of 

the Gullah/Geechee Cultural Heritage Corridor. 

* * * * * * * 


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SEC. 608. AUTHORIZATION OF APPROPRIATIONS. 

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

this title not more than $1,000,000 for any fiscal year. Not more 

than a total of ø$10,000,000¿ $15,000,000 may be appropriated for 

the Corridor under this title. 

* * * * * * * 

TITLE VII—AMERICA’S AGRICULTURAL 

HERITAGE PARTNERSHIP 

SEC. 708. AUTHORIZATION OF APPROPRIATIONS. 

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

this title not more than $1,000,000 for any fiscal year. Not more 

than a total of ø$10,000,000¿ $15,000,000 may be appropriated for 

the Partnership under this title. 

* * * * * * * 

TITLE VIII—OHIO & ERIE øCANAL NATIONAL HERITAGE CORRIDOR¿ NATIONAL HERITAGE CANALWAY 

SEC. 801. SHORT TITLE. 

This title may be cited as the ‘‘Ohio & Erie øCanal National Heritage Corridor¿ National Heritage Canalway Act of 1996’’. 

SEC. 802. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress finds the following: 

(1) * * * 

* * * * * * * 

(6) A 1993 Special Resources Study of the Ohio & Erie Canal 

Corridor conducted by the National Park Service entitled ‘‘A 

Route to Prosperity’’ has concluded that the øcorridor¿ 

canalway is eligible as a National Heritage Corridor. 

(7) Local governments, the State of Ohio, and private sector 

interests have embraced the heritage øcorridor¿ canalway concept and desire to enter into partnership with the Federal Government to preserve, protect, and develop the øcorridor¿ 

canalway for public benefit. 

(b) PURPOSES.—The purposes of this title are— (1) * * * 

(2) to encourage within the øcorridor¿ canalway a broad 

range of economic opportunities enhancing the quality of life 

for present and future generations; 

(3) to provide a management framework to assist the State 

of Ohio, its political subdivisions, and nonprofit organizations, 

or combinations thereof, in preparing and implementing an integrated Corridor Management Plan and in developing 

policies and programs that will preserve, enhance, and interpret the cultural, historical, natural, recreation, and scenic resources of the øcorridor¿ canalway; and 

* * * * * * * 


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49 

SEC. 803. DEFINITIONS. 

For the purposes of this title: 

(1) The term ‘‘øcorridor¿ canalway’’ means the Ohio & Erie 

øCanal National Heritage Corridor¿ National Heritage 

Canalway established by section 804. 

ø(2) The term ‘‘Committee’’ means the Ohio & Erie Canal 

National Heritage Area Committee established by section 

805.¿ 

ø(3)¿ (2) The term ‘‘Corridor Management Plan’’ means the 

management plan developed under section ø808¿ 806. ø(4)¿ (3) The term ‘‘Secretary’’ means the Secretary of the Interior. 

ø(5)¿ (4) The term ‘‘technical assistance’’ means any guidance, advice, help, or aid, other than financial assistance, provided by the Secretary of the Interior. 

ø(6)¿ (5) The term ‘‘financial assistance’’ means funds appropriated by Congress and made available to the management 

entity for the purposes of preparing and implementing a 

Corridor Management Plan. 

ø(7)¿ (6) The term ‘‘management entity’’ means the entity 

recognized by the Secretary pursuant to section ø807(a)¿ 

805(a) to receive, distribute, and account for Federal funds appropriated for the purposes of this title. 

SEC. 804. OHIO & ERIE øCANAL NATIONAL HERITAGE CORRIDOR¿ NATIONAL HERITAGE CANALWAY. 

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

the Ohio & Erie øCanal National Heritage Corridor¿ National Heritage Canalway. (b) BOUNDARIES.— (1) IN GENERAL.—The boundaries of the øcorridor¿ canalway 

shall be composed of the lands that are generally the route of 

the Ohio & Erie Canal from Cleveland to Zoar, Ohio, as depicted in the 1993 National Park Service Special Resources 

Study, ‘‘A Route to Prosperity’’, subject to paragraph (2). The 

specific boundaries shall be those specified in the management 

plan submitted under section ø808¿ 806. The Secretary shall 

prepare a map of the øcorridor¿ canalway which shall be on 

file and available for public inspection in the office of the Director of the National Park Service. 

(2) CONSENT OF LOCAL GOVERNMENTS.—No privately owned 

property shall be included within the boundaries of the øcorridor¿ canalway unless the municipality in which the property 

is located agrees to be so included and submits notification of 

such agreement to the Secretary. 

(c) ADMINISTRATION.—The øcorridor¿ canalway shall be administered in accordance with the provisions of this title. 

øSEC. 805. THE OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR 

COMMITTEE. 

ø(a) ESTABLISHMENT.—There is hereby established a Committee 

to be known as the ‘‘Ohio & Erie Canal National Heritage Corridor 

Committee’’, whose purpose shall be to assist Federal, State, and 

local authorities and the private sector in the preparation and implementation of an integrated Corridor Management Plan. 

ø(b) MEMBERSHIP.—The Committee shall be comprised of 21 

members, as follows: 


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50 

ø(1) Four individuals, appointed by the Secretary after consideration of recommendations submitted by the Greater Cleveland Growth Association, the Akron Regional Development 

Board, the Stark Development Board, and the Tuscarawas 

County Chamber of Commerce, who shall include one representative of business and industry from each of Ohio counties of Cuyahoga, Summit, Stark, and Tuscarawas. 

ø(2) One individual, appointed by the Secretary after consideration of recommendations submitted by the Director of the 

Ohio Department of Travel and Tourism, who is a director of 

a convention and tourism bureau within the corridor. 

ø(3) One individual, appointed by the Secretary after consideration of recommendations submitted by the Ohio Historic 

Preservation Officer, with knowledge and experience in the 

field of historic preservation. 

ø(4) One individual, appointed by the Secretary after consideration of recommendations submitted by the Director of the 

National Park Service, with knowledge and experience in the 

field of historic preservation. 

ø(5) Three individuals appointed by the Secretary after consideration of recommendations submitted by the county or metropolitan park boards in the Ohio counties of Cuyahoga, Summit, and Stark. 

ø(6) Eight individuals appointed by the Secretary after consideration of recommendations submitted by the county commissioners or county chief executive of the Ohio counties of 

Cuyahoga, Summit, Stark and Tuscarawas, including— ø(A) from each county, one representative of the 

planning offices of the county; and 

ø(B) from each county, one representative of a 

municipality in the county. 

ø(7) Two individuals appointed by the Secretary after 

consideration of recommendations submitted by the Governor 

of Ohio, who shall be representatives of the Directors of the 

Ohio Department of Natural Resources and the Ohio Department of Transportation. 

ø(8) The Superintendent of the Cuyahoga Valley National 

Recreation Area, ex officio. 

ø(c) APPOINTMENTS.— ø(1) IN GENERAL.—Except as provided in paragraph (2), 

members of the Committee shall be appointed for terms of 

three years and may be reappointed. 

ø(2) INITIAL APPOINTMENTS.—The Secretary shall appoint the 

initial members of the Committee within 30 days after the date 

on which the Secretary has received all recommendations pursuant to subsection (b). Of the members first appointed—

ø(A) the members appointed pursuant to subsection 

(b)(6)(B) shall be appointed to a term of two years and may 

not be reappointed to a consecutive term; and 

ø(B) the member appointed pursuant to subsection (b)(2) 

shall be appointed to a term of two years and may not be 

reappointed to a consecutive term. 

ø(d) CHAIR AND VICE CHAIR.—The chair and vice chair of the 

Committee shall be elected by the members of the Committee. The 

terms of the chair and vice chair shall be two years. 


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51 

ø(e) VACANCY.—A vacancy in the Committee shall be filled in the 

manner in which the original appointment was made. Any member 

appointed to fill a vacancy occurring before the expiration of the 

term for which their predecessor was appointed shall be appointed 

only for the remainder of such term. Any member of the Committee 

appointed for a definite term may serve after the expiration of their 

term until their successor has taken office. 

ø(f) COMPENSATION AND EXPENSES.—Members of the Committee 

shall serve without compensation for their service on the 

Committee. 

ø(g) QUORUM.—Eleven members of the Committee shall 

constitute a quorum. 

ø(h) MEETINGS.—The Committee shall meet at least quarterly at 

the call of the chairperson or 11 of its members. Meetings of the 

Committee shall be subject to section 552b of title 5, United States 

Code (relating to open meetings). 

ø(i) NOT TREATED AS ADVISORY COMMITTEE.—The Committee 

shall not be treated as an Advisory Committee for purposes of the 

Federal Advisory Committee Act (5 U.S.C. App.). 

øSEC. 806. POWERS AND DUTIES OF THE NATIONAL HERITAGE 

CORRIDOR COMMITTEE. 

ø(a) HEARINGS.—The Committee may, for the purpose of carrying 

out this title, hold such hearings, sit and act at such times and 

places, take such testimony, and receive such evidence, as the Committee considers appropriate. The Committee may not issue subpoenas or exercise any subpoena authority. 

ø(b) BYLAWS.—The Committee may make such bylaws and rules, 

consistent with this title, as it considers necessary to carry out its 

functions under this title. 

ø(c) POWERS OF MEMBERS AND AGENTS.—Any member or agent 

of the Committee, if so authorized by the Committee, may take any 

action which the Committee is authorized to take by this title. 

ø(d) CORRIDOR MANAGEMENT PLAN.—Upon submission of a draft 

Corridor Management Plan to the Committee from the management entity, the Committee shall, within 60 days, review such plan 

for consistency with the purposes of this title and endorse the plan 

or return it to the management entity for revision. Upon endorsement of the Corridor Management Plan, the Committee shall submit such plan to the Secretary for approval pursuant to section 

808. 

ø(e) REVIEW OF BUDGET.—The Committee shall review on an annual basis the proposed expenditures of Federal funds by the management entity for consistency with the purpose of this title and 

the Corridor Management Plan.¿ 

SEC. ø807¿ 805. MANAGEMENT ENTITY. 

(a) ENTITY.—Upon petition, the Secretary is authorized to 

recognize the Ohio & Erie Canal Association as the management 

entity for the Heritage Corridor. 

(b) ELIGIBILITY.—To be eligible for designation as the 

management entity of the øcorridor¿ canalway, an entity must possess the legal ability to—

(1) receive Federal funds for use in preparing and implementing the management plan for the øcorridor¿ canalway; 


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52 

(2) disburse Federal funds to other units of government or 

other organizations for use in preparing and implementing the 

management plan for the øcorridor¿ canalway; 

(3) account for all Federal funds received or disbursed; and 

(4) sign agreements with the Federal Government. 

(c) FEDERAL FUNDING.— (1) AUTHORIZATION TO RECEIVE.—The management entity is 

authorized to receive appropriated Federal funds. 

(2) DISQUALIFICATION.—If a management plan for the øcorridor¿ canalway is not submitted to the Secretary as required 

under section ø808¿ 806 within the time specified herein, the 

management entity shall cease to be eligible for Federal funding under this title until such a plan regarding the øcorridor¿ 

canalway is submitted to the Secretary. 

(d) AUTHORITIES OF MANAGEMENT ENTITY.—The management entity of the øcorridor¿ canalway may, for purposes of preparing and 

implementing the management plan for the øcorridor¿ canalway, 

use Federal funds made available under this title—

(1) * * * 

* * * * * * * 

(e) PROHIBITION OF ACQUISITION OF REAL PROPERTY.—The management entity for the øcorridor¿ canalway may not use Federal 

funds received under this title to acquire real property or any interest in real property. 

SEC. ø808¿ 806. DUTIES OF THE MANAGEMENT ENTITY. 

(a) CORRIDOR MANAGEMENT PLAN.— (1) SUBMISSION FOR REVIEW BY øCOMMITTEE¿ SECRETARY.— Within 3 years after the date on which the Secretary has recognized the management entity for the øcorridor¿ canalway, the management entity shall develop and submit for review to 

the øCommittee¿ Secretary a management plan for the øcorridor¿ canalway. (2) PLAN REQUIREMENTS.—A management plan submitted 

under this title shall present comprehensive recommendations 

for the conservation, funding, management, and development 

of the øcorridor¿ canalway. The plan shall be prepared with 

public participation. The plan shall take into consideration existing Federal, State, county, and local plans and involve residents, public agencies, and private organizations in the øcorridor¿ canalway. The plan shall include a description of actions 

that units of government and private organizations are recommended to take to protect the resources of the øcorridor¿ 

canalway. The plan shall specify existing and potential sources 

of funding for the conservation, management, and development 

of the øcorridor¿ canalway. The plan also shall include the following, as appropriate: 

(A) An inventory of the resources contained in the øcorridor¿ canalway, including a list of property in the øcorridor¿ canalway that should be conserved, restored, managed, developed, or maintained because of the natural, cultural, or historic significance of the property as it relates 

to the themes of the øcorridor¿ canalway. 

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53 

priate land and water management techniques, including 

(but not limited to) the development of intergovernmental 

cooperative agreements to manage the historical, cultural, 

and natural resources and recreational opportunities of the 

øcorridor¿ canalway in a manner consistent with the support of appropriate and compatible economic viability. 

(C) A program, including plans for restoration and construction, for implementation of the management plan by 

the management entity and specific commitments, for the 

first six years of operation of the plan by the partners 

identified in said plan. 

(D) An analysis of means by which Federal, State, and 

local programs may best be coordinated to promote the 

purposes of this title. 

(E) An interpretive plan for the øcorridor¿ canalway. (3) APPROVAL AND DISAPPROVAL OF THE øCORRIDOR¿ 

CANALWAY MANAGEMENT PLAN.—

(A) IN GENERAL.—Upon submission of the Corridor Management Plan from the Committee, the Secretary shall approve or disapprove said plan not later than 60 days after 

receipt of the plan. If the Secretary has taken no action 

after 60 days upon receipt, the plan shall be considered approved. 

(B) DISAPPROVAL AND REVISIONS.—If the Secretary 

disapproves the Corridor Management Plan, the Secretary 

shall advise the øCommittee¿ management entity, in writing, of the reasons for the disapproval and shall make recommendations for revision of the plan. The Secretary shall 

approve or disapprove proposed revisions to the plan not 

later than 60 days after receipt of such revision. If the Secretary has taken no action for 60 days after receipt, the 

plan shall be considered approved. 

(b) PRIORITIES.—The management entity shall give priority to the 

implementation of actions, goals, and policies set forth in the management plan for the øcorridor¿ canalway, including— (1) assisting units of government, regional planning organizations, and nonprofit organizations— (A) in conserving the øcorridor¿ canalway; 

(B) in establishing and maintaining interpretive 

exhibits in the øcorridor¿ canalway; 

(C) in developing recreational opportunities in the øcorridor¿ canalway; 

(D) in increasing public awareness of and appreciation 

for the natural, historical, and cultural resources of the 

øcorridor¿ canalway; 

(E) in the restoration of historic buildings that are located within the boundaries of the øcorridor¿ canalway 

and relate to the themes of the øcorridor¿ canalway; and 

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

sites of interest are put in place throughout the øcorridor¿ 

canalway; and 

(2) consistent with the goals of the management plan, encouraging economic viability in the affected communities by appropriate means. 


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54 

(c) CONSIDERATION OF INTERESTS OF LOCAL GROUPS.—The management entity shall, in preparing and implementing the management plan for the øcorridor¿ canalway, consider the interest of diverse units of government, businesses, private property owners, 

and nonprofit groups within the geographic area. 

(d) PUBLIC MEETINGS.—The management entity shall conduct 

public meetings at least quarterly regarding the implementation of 

the Corridor Management Plan. 

(e) ANNUAL REPORTS.—The management entity shall, for any fiscal year in which it receives Federal funds under this title or in 

which a loan made by the entity with Federal funds under section 

ø807(d)(1)¿ 805(d)(1) is outstanding, submit an annual report to 

the Secretary setting forth its accomplishments, its expenses and 

income, and the entities to which it made any loans and grants 

during the year for which the report is made. 

(f) COOPERATION WITH AUDITS.—The management entity shall, 

for any fiscal year in which its receives Federal funds under this 

title or in which a loan made by the entity with Federal funds 

under section ø807(d)(1)¿ 805(d)(1) is outstanding, make available 

for audit by the Congress, the Secretary, and appropriate units of 

government all records and other information pertaining to the expenditure of such funds and any matching funds, and require, for 

all agreements authorizing expenditure 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. 

SEC. ø809¿ 807. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. 

(a) TECHNICAL ASSISTANCE AND GRANTS.— (1) IN GENERAL.—The Secretary may provide technical assistance and grants to units of government, nonprofit organizations, and other persons, upon request of the management entity of the øcorridor¿ canalway, and to the management entity, 

regarding the management plan and its implementation. 

(2) PROHIBITION OF CERTAIN REQUIREMENTS.—The 

Secretary may not, as a condition of the award of technical assistance or grants under this section, require any recipient of 

such technical assistance or grant to enact or modify land use 

restrictions. 

(3) DETERMINATIONS REGARDING ASSISTANCE.—The 

Secretary shall decide if the øcorridor¿ canalway shall be 

awarded technical assistance or grants and the amount of that 

assistance. Such decisions shall be based on the relative degree 

to which the øcorridor¿ canalway effectively fulfills the objectives contained in the Corridor Management Plan and achieves 

the purposes of this title. Such decisions shall give consideration to projects which provide a greater leverage of Federal 

funds. 

(b) PROVISION OF INFORMATION.—In cooperation with other 

Federal agencies, the Secretary shall provide the general public 

with information regarding the location and character of the øcorridor¿ canalway. 

(c) OTHER ASSISTANCE.—Upon request, the Superintendent of 

øCuyahoga Valley National Recreation Area¿ Cuyahoga Valley National Park may provide to public and private organizations within 

the øcorridor¿ canalway (including the management entity for the 


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55 

øcorridor¿ canalway) such operational assistance as appropriate to 

support the implementation of the Corridor Management Plan, subject to the availability of appropriated funds. The Secretary is authorized to enter into cooperative agreements with public and private organizations for the purposes of implementing this subsection. 

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

conducting any activity directly affecting the øcorridor¿ canalway 

shall consider the potential effect of the activity on the Corridor 

Management Plan and shall consult with the management entity 

of the øcorridor¿ canalway with respect to the activity to minimize 

the adverse effects of the activity on the øcorridor¿ canalway. 

SEC. ø810¿ 808. LACK OF EFFECT ON LAND USE REGULATION AND 

PRIVATE PROPERTY. 

(a) LACK OF EFFECT ON AUTHORITY OF GOVERNMENTS.—Nothing 

in this title shall be construed to modify, enlarge, or diminish any 

authority of Federal, State, or local governments to regulate any 

use of land as provided for by law or regulation. 

(b) LACK OF ZONING OR LAND USE POWERS.—Nothing in this title 

shall be construed to grant powers of zoning or land use control to 

the øCommittee or¿ management entity of the øcorridor¿ 

canalway. (c) LOCAL AUTHORITY AND PRIVATE PROPERTY NOT AFFECTED.— Nothing in this title shall be construed to affect or to authorize the 

øCommittee¿ management entity to interfere with— (1) the rights of any person with respect to private 

property; or 

(2) any local zoning ordinance or land use plan of the State 

of Ohio or a political subdivision thereof. 

SEC. ø811¿ 809. SUNSET. 

The Secretary may not make any grant or provide any financial 

assistance under this title after September 30, 2012. 

SEC. ø812¿ 810. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated under this title not more than $1,000,000 for any fiscal year. Not more 

than a total of ø$10,000,000¿ $15,000,000 may be appropriated for 

the øcorridor¿ canalway under this title. 

(b) 50 PERCENT MATCH.—Federal funding provided under this 

title, after the designation of this øcorridor¿ canalway, may not exceed 50 percent of the total cost of any assistance or grant provided 

or authorized under this title. 

* * * * * * * 

TITLE IX—HUDSON RIVER VALLEY 

NATIONAL HERITAGE AREA 

* * * * * * * 

SEC. 909. AUTHORIZATION OF APPROPRIATIONS. 

(a) * * * 

* * * * * * * 

(c) IMPLEMENTATION.—There is authorized to be appropriated to 

the Secretary, for grants (and the administration thereof) for the 


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56 

implementation of the management plans for the Heritage Area 

pursuant to section 908, not more than ø$10,000,000¿ $15,000,000, to remain available until expended, subject to the following conditions: 

(1) * * * 

* * * * * * * 

SECTION 6 OF THE ACT OF OCTOBER 20, 1988 

(Public Law 100–515) 

AN ACT to provide for the establishment of the Coastal Heritage Trail Route in the 

State of New Jersey, and for other purposes. 

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.— ø(1) IN GENERAL.—Amounts made available under subsection 

(a) shall be used only for— ø(A) technical assistance; and 

ø(B) the design and fabrication of interpretative materials, devices, and signs.¿ 

(1) IN GENERAL.—Amounts made available under subsection 

(a) shall be used only for— (A) technical assistance; 

(B) the design and fabrication of interpretive materials, 

devices, and signs; and 

(C) the preparation of the strategic plan. 

* * * * * * * 

(3) COST-SHARING REQUIREMENT.— (A) * * * 

* * * * * * * 

(C) Notwithstanding paragraph (3)(A), funds made available under subsection (a) for the preparation of the strategic plan shall not require a non-Federal match. 

(c) TERMINATION OF AUTHORITY.—The authorities provided to the 

Secretary under this Act shall terminate on September 30, ø2007¿ 

2011. 

ERIE CANALWAY NATIONAL HERITAGE CORRIDOR ACT 

TITLE VIII—ERIE CANALWAY NATIONAL HERITAGE 

CORRIDOR 

SEC. 801. SHORT TITLE; DEFINITIONS. 

(a) SHORT TITLE.—This title may be cited as the ‘‘Erie Canalway 

National Heritage Corridor Act’’. 

* * * * * * * 

SEC. 804. THE ERIE CANALWAY NATIONAL HERITAGE CORRIDOR COMMISSION. 

(a) * * * 


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57 

(b) MEMBERSHIP.—The Commission shall be composed of ø27¿ at 

least 21 members, but not to exceed 27 members as follows: 

(1) * * * 

(2) Seven members, appointed by the Secretary after consideration of recommendations submitted by the Governor and 

other appropriate officials, with knowledge and experience of 

the following agencies or those agencies’ successors: The New 

York State Secretary of State, the New York State Department 

of øEnvironment¿ Environmental Conservation, the New York 

State Office of Parks, Recreation and Historic Preservation, the 

New York State Department of Agriculture and Markets, the 

New York State Department of Transportation, and the New 

York State Canal Corporation, and the Empire State Development Corporation. 

(3) The remaining ø19¿ members who reside within the Corridor and are geographically dispersed throughout the Corridor 

shall be from local governments and the private sector with 

knowledge of tourism, economic and community development, 

regional planning, historic preservation, cultural or natural resource management, conservation, recreation, and education or 

museum services. These members will be appointed by the Secretary as follows: 

ø(A) Eleven members based on a recommendation from 

each member of the United States House of Representatives whose district shall encompass the Corridor. Each 

shall be a resident of the district from which they shall be 

recommended.¿ 

ø(B)¿ (A) Two members based on a recommendation 

from each United States Senator from New York State. 

ø(C)¿ (B) Six members who shall be residents of any 

county constituting the Corridor. øOne such member shall 

have knowledge and experience of the Canal 

Recreationway Commission.¿ 

(C) The remaining members shall be based on recommendations from each member of the United States 

House of Representatives whose district encompasses the 

Corridor, each of whom shall be a resident of or employed 

within the district from which they shall be recommended. 

* * * * * * * 

(f ) QUORUM AND VOTING.—øFourteen members of the Commission¿ A majority of the seated (sworn) Commissioners shall constitute a quorum but a lesser number may hold hearings. Any 

member of the Commission may vote by means of a signed proxy 

exercised by another member of the Commission, however, any 

member voting by proxy shall not be considered present for purposes of establishing a quorum. For the transaction of any business 

or the exercise of any power of the Commission, the Commission 

shall have the power to act by a majority vote of the members 

present at any meeting at which a quorum is in attendance. 

(g) MEETINGS.—The Commission shall meet at least quarterly at 

the call of the chairperson or ø14 of its members.¿ a majority of 

the seated (sworn) Commissioners. Notice of Commission meetings 

and agendas for the meeting shall be published in local newspapers 

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ject to section 552b of title 5, United States Code (relating to open 

meetings). 

(h) POWERS OF THE COMMISSION.—To the extent that Federal 

funds are appropriated, the Commission is authorized—

(1) * * * 

* * * * * * * 

(4) to appoint and fix the compensation of østaff to carry out 

its duties;¿ such staff as may be necessary to carry out its duties. Staff appointed by the Commission—

(A) may be appointed subject to the provisions of title 5, 

United States Code, governing appointments in the competitive service; and 

(B) may be paid in accordance with the provisions of 

chapter 51 and subchapter III of Chapter 53 of such title 

relating to the classification and General Schedule pay 

rates; 

* * * * * * * 

( j) TERMINATION.—The Commission shall terminate on the day 

occurring ø10 years after the date of enactment of this title¿ 15 

years after the date of the enactment of this title. 

* * * * * * * 

SEC. 807. DUTIES OF THE SECRETARY. 

(a) * * * 

* * * * * * * 

(e) DETAIL.—Each fiscal year during the existence of the Commission and upon the request of the Commission, the Secretary 

shall detail to the Commission, on a nonreimbursable basis, two 

employees of the Department of the Interior to enable the Commission to carry out the Commission’s øduties with regard to the preparation and approval of the Canalway Plan.¿ duties. Such detail 

shall be without interruption or loss of civil service status, benefits, 

or privileges. 

(f) OPERATIONAL ASSISTANCE.—Subject to the availability of appropriations, the Superintendent of Saratoga National Historical 

Park may, on request, provide to public and private organizations 

in the Heritage Area, including the Commission, any operational assistance that is appropriate for the purpose of supporting the implementation of the management plan. 

* * * * * * * 

SEC. 810. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—

(1) CORRIDOR.—There is authorized to be appropriated for 

the Corridor not more than $1,000,000 for any fiscal year. Such 

sums shall remain available until expended. Not more than a 

total of $10,000,000 may be appropriated for the Corridor 

under this title. 

* * * * * * * 


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(59) 

DISSENTING VIEWS ON H.R. 1483 

We oppose H.R. 1483 because it is an irresponsible bill further 

marred by Committee Democrats in markup on September 26, 

2007. While the intent of H.R. 1483 was evident—extending the authorization and funding for nine heritage areas that have nearly 

hit their authorized funding cap—it is not clear why the Democrats 

chose to take this bill and turn it into a vehicle for more spending. 

The Grijalva amendment in the nature of a substitute (ANS) 

passed by the Democrats is a thumb in the eye to private property 

rights advocates and fiscal responsibility. Inexplicably the Democrats gave the six new heritage areas included in the ANS a $5 

million raise over what was requested in their respective bills as 

introduced. Each heritage area will now receive $15 million in federal money and remain eligible for additional federal funds. The 

total cost of the bill with the Democrat ANS is over $135 million. 

While one committee member described this as a ‘‘small paltry pittance,’’ it should be recorded that $135 million is equal to the total 

annual federal income taxes paid by 33,276 middle-class taxpayers. 

Taxpayer advocates testified against H.R. 1483 in subcommittee. 

Heritage areas must become self-sufficient. Even former National 

Parks Subcommittee Chairman, the late Bruce Vento, agreed with 

this principle. On October 5, 1994, during floor debate on the heritage areas that will be reauthorized in H.R. 1483 he explained, 

‘‘there is a limit to the length of time or the amount of money the 

Federal Government can be in a heritage area. In 10 years, we are 

out of there. Then they are on their own and we get the benefit 

of that conservation.’’ We ought to heed the counsel of Chairman 

Vento, a known advocate of heritage areas, and block these second 

and third bites of the apple. 

The Democrats made a supposed gesture of responsibility by cut- ting the original H.R. 1483 request for additional funds from $10 

million to $5 million per reauthorized heritage area. That would 

have been a $45 million dollar savings over the bill as introduced. 

Unfortunately for taxpayers, the Democrats seized on the opportunity to pile on six new heritage areas and rename the monster 

the ‘‘Celebrating America’s Heritage Act.’’ This bill is indeed a celebration for those who will receive new heritage areas and the federal funds that accompany it. Those who will not celebrate are private property owners who may have an empowered, enriched, and 

Congressionally-blessed heritage area management entity to spar 

with. Congressman Rob Bishop offered a common sense amendment to allow property owners the opportunity to remove their 

land from the heritage area boundaries and require the management entity of a heritage area to obtain written consent from an 

owner before their property is conserved, preserved, or promoted. 

Democrats contend that the bill language offers protection because 

owners are not required to participate. They fail to mention that 


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60 

property owners remain under the sphere of influence of the management entity because they are in the Congressionally designated 

boundaries. Predictably, Democrats turned their back on property 

rights and rejected the Bishop amendment. 

Of the six new heritage areas in H.R. 1483 as reported, two have 

been shuttled through Committee by the Democrats. The Journey 

Through Hallowed Ground Heritage Area, was marked up on 

March 7, 2007, following a contentious meeting with the hope that 

concerns of Members whose districts will be in the proposed heritage area would be worked out. While efforts were made, agreements were not reached, but the Democrats pressed forward despite appeals from Congressman Roscoe Bartlett (MD–6) and Congressman Virgil Goode (VA–5) to remove their districts from the 

designation. This is a simple request and it is astonishing that 

such a request was belittled by the Democrats. At Mr. Goode and 

Mr. Bartlett’s request, Congressman Dean Heller (NV–2) offered an 

amendment to remove those districts, but democrats rebuffed it, 

claiming that Mr. Goode and Bartlett should be satisfied with the 

language Democrats have written. Subcommittee Chairman 

Grijalva explained, ‘‘I think the protections are there for the constituents of my colleagues for them to opt in or opt out, and I think 

those protections suffice.’’ We agree that those protections would 

suffice, but unfortunately they are not included in the Grijalva 

amendment, and as stated earlier democrats rejected opt out authority included in the Bishop amendment. Why would private 

property owners believe they will be able to ‘‘opt out’’ when two 

Members of Congress could not have their districts removed? We 

believe a Member’s wish to be included in a Federal designation is 

an essential qualification to its creation. It is distressing that a federal designation, especially a controversial Heritage Area, which is 

typically billed as ‘‘voluntary,’’ is being forced on two Congressional 

districts. 

Title II, Subtitle B of the Grijalva ANS previously passed the 

Natural Resources Committee as H.R. 713. This Heritage Area is 

being quickly advanced while lacking the same private property 

rights protection that was provided to the previous twelve established heritage areas. Additionally, this heritage area lacks local 

support in the form of a management entity responsible for its operation. In its place, the Secretary of the Interior will establish a 

top down commission and control the Heritage Area. We understand the proponents of this legislation hope this Heritage Area 

will play a role in the economic redevelopment of the Niagara Falls 

region. A casino is at the heart of the economic redevelopment plan 

that this bill is designed to promote. This raises the question: What 

role will the National Heritage Area play in the promotion of the 

casino? We believe advocacy of gaming should never be part of legislation to establish heritage areas. If the heritage area is to play 

an integral role in the redevelopment plans of the Niagara Falls region, and the center of that plan is the casino, Congress must create a firewall between the heritage area and gaming. Congressman 

Rob Bishop offered an amendment to delineate those interests and 

to our astonishment, the Majority voted in a straight party line 

that such separation was unnecessary. We hope the Majority exVerDate Aug 31 2005 01:36 Oct 19, 2007 Jkt 069006 PO 00000 Frm 00060 Fmt 6604 Sfmt 6604 E:\HR\OC\HR388.XXX HR388

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61 

tends the courtesy of investigating these issues before further railroading this bill. 

Some of these troubling issues may have been resolved had regular order been followed. Despite Chairman Rahall’s insistence on 

February 7, 2007, in a full Committee meeting, that regular order 

would be followed, only one of the ANS subtitles has gone through 

regular order with a hearing and subcommittee markup. We are 

perplexed as to why National Parks, Recreation, Forests and Public 

Lands Chairman Grijalva’s subcommittee is consistently bypassed 

despite the other subcommittees’ work to follow regular order. We 

have found that this rush to move legislation results in an inferior 

work product. For example, the Grijalva ANS establishes the Muscle Shoals National Heritage Area. The feasibility study for this potential heritage area has yet to be completed. Clearly, it would be 

shortsighted and irresponsible to establish this heritage area and 

write it a $15 million check when the necessary preparation has 

not been completed. How often have we heard the Democrats and 

their allies in the environmental movement complain that land use 

decisions are sometimes made before lengthy studies are completed 

to their satisfaction? Evidently, if a federal designation is something Democrats and environmentalists favor, no serious study is 

needed. When it is something they oppose, no study can be long 

enough, expensive enough, onerous enough, or litigated enough to 

satisfy them. It is far beyond the time to ‘‘let the subcommittees 

do their work’’ as Chairman Rahall asserted. 

In conclusion, while this bill is flawed, we look forward to finding 

reasonable compromises on the Floor of the House under an open 

rule where a fair and open debate may occur. 

ROB BISHOP. 

CATHY MCMORRIS RODGERS. 

DEAN HELLER. 

ELTON GALLEGLY. 

JEFF FLAKE. 

BILL SALI. 

BILL SHUSTER. 

KEVIN MCCARTHY. 

CHRIS CANNON. 

JOHN J. DUNCAN, Jr. 

MARY FALLIN. 

DON YOUNG. 

STEVAN PEARCE. 

Æ 


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