I

104TH CONGRESS

2D SESSION H. R. 3305

To recognize the heritage of certain areas of the United States, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 24, 1996

Mr. HEFLEY introduced the following bill; which was referred to the

Committee on Resources

A BILL

To recognize the heritage of certain areas of the United

States, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

5 ‘‘National Heritage Areas Act of 1996’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Statement of purpose.

Sec. 3. Definitions.

TITLE I—NATIONAL HERITAGE AREAS PROGRAM

Sec. 101. Criteria for designation.
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Sec. 102. Designation of National Heritage Areas.

Sec. 103. National Heritage Areas Partnership Program.

Sec. 104. Feasibility studies, compacts, and heritage plans.

Sec. 105. Management entities.

Sec. 106. Withdrawal of designation.

Sec. 107. Private property protection.

Sec. 108. Effect on environmental and other standards.

Sec. 109. Multiple use savings clause.

Sec. 110. Savings provision for previously designated areas.

Sec. 111. Report.

Sec. 112. Authorization of appropriations.

Sec. 113. Expiration of grant and technical assistance authority.

TITLE II—DESIGNATION OF NATIONAL HERITAGE AREAS

Sec. 201. Essex National Heritage Area.

Sec. 202. Ohio & Erie Canal National Heritage Area.

Sec. 203. Augusta Canal National Heritage Corridor.

Sec. 204. Vancouver National Historic Reserve.

Sec. 205. Steel Industry National Heritage Area.

Sec. 206. South Carolina National Heritage Corridor.

Sec. 207. Tennessee Civil War National Heritage Area.

Sec. 208. Cache La Poudre National Heritage Area.

TITLE III—STUDIES OF POTENTIAL NATIONAL HERITAGE AREAS

Sec. 301. Study of Puente-Chino Hills Heritage Corridor.

Sec. 302. Study of Great Northern Frontier National Heritage Area.

TITLE IV—AMENDMENTS TO EXISTING HERITAGE CORRIDORS

Sec. 401. Blackstone River National Heritage Corridor.

Sec. 402. Illinois and Michigan Canal National Heritage Corridor.

1 SEC. 2. STATEMENT OF PURPOSE.

2 The purposes of this Act are—

3 (1) to recognize areas containing natural, his4 toric, scenic, and cultural resources and recreational

5 and educational opportunities that are geographi6 cally assembled and thematically related as areas

7 that provide unique frameworks for understanding

8 the great and diverse character of the Nation and

9 the development of communities and their surround10 ings;
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1 (2) to encourage State and local governments,

2 nonprofit organizations, and the private sector, or

3 combinations thereof, to conserve and manage those

4 resources and opportunities with the assistance of a

5 program of limited Federal grants and technical as6 sistance;

7 (3) to encourage within these areas a broad

8 range of economic opportunities which enhance the

9 quality of life for present and future generations;

10 and

11 (4) to prescribe the process by which areas may

12 be designated as National Heritage Areas, define the

13 limited role of the Federal government, and outline

14 the parameters under which National Heritage

15 Areas will be operated.

16 SEC. 3. DEFINITIONS.

17 For purposes of this Act:

18 (1) COMPACT.—The term ‘‘compact’’ means an

19 agreement described in section 104(b).

20 (2) FEASIBILITY STUDY.—The term ‘‘feasibility

21 study’’ means a study, described in section 104(a),

22 to identify significant resources of, and a possible

23 management entity for, a potential National Herit24 age Area.
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1 (3) HERITAGE PLAN.—The term ‘‘heritage

2 plan’’ means a plan described in section 104(c).

3 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’

4 means any Indian tribe, band, nation, pueblo, or

5 other organized group or community, which is recog6 nized as eligible for the special programs and serv7 ices provided by the United States to Indians be8 cause of their status as Indians.

9 (5) LEGISLATIVE DAY.—The term ‘‘legislative

10 day’’ means any calendar day on which both Houses

11 of the Congress are in session.

12 (6) MANAGEMENT ENTITY.—The term ‘‘man13 agement entity’’ means the entity designated in the

14 compact for a National Heritage Area and described

15 in section 105(a).

16 (7) NATIONAL HERITAGE AREA.—The term

17 ‘‘National Heritage Area’’ means a place designated

18 by the Congress where natural, cultural, historic,

19 and recreational resources combine to form a cohe20 sive, nationally distinctive landscape arising from

21 patterns of human activity shaped by geography.

22 These patterns make National Heritage Areas rep23 resentative of the national experience through the

24 physical features that remain and the traditions that

25 have evolved in the areas. Continued use of National
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1 Heritage Areas by people whose traditions helped to

2 shape the landscapes enhances their significance.

3 (8) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of the Interior.

5 (9) TECHNICAL ASSISTANCE.—The term ‘‘tech6 nical assistance’’ includes—

7 (A) assistance by the Secretary in the

8 preparation of heritage plans, compacts, re9 source inventories, and feasibility studies; and

10 (B) professional guidance provided by the

11 Secretary.

12 (10) UNIT OF GOVERNMENT.—The term ‘‘unit

13 of government’’ means the government of a State or

14 Commonwealth, a political subdivision of a State or

15 Commonwealth, or an Indian tribe.

16 TITLE I—NATIONAL HERITAGE

17 AREAS PROGRAM

18 SEC. 101. CRITERIA FOR DESIGNATION.

19 An area shall be eligible for designation as a National

20 Heritage Area only if the area meets each of the following

21 criteria:

22 (1) ASSEMBLAGE OF RESOURCES.—The area is

23 a cohesive assemblage of natural, historic, cultural,

24 or recreational resources that—
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1 (A) together represent distinctive aspects

2 of American heritage worthy of recognition,

3 conservation, interpretation, and continuing

4 use; and

5 (B) are best managed through partner6 ships between public and private entities.

7 (2) TRADITIONS, CUSTOMS, BELIEFS, OR

8 FOLKLIFE.—The area reflects traditions, customs,

9 beliefs, or folklife, or some combination thereof, that

10 are a valuable part of the story of the Nation.

11 (3) CONSERVATION OF NATURAL, CULTURAL,

12 OR HISTORIC FEATURES.—The area provides out13 standing opportunities to conserve natural, cultural,

14 or historic features, or some combination thereof.

15 (4) RECREATIONAL AND EDUCATIONAL OPPOR16 TUNITIES.—The area provides outstanding rec17 reational and educational opportunities.

18 (5) THEMES AND INTEGRITY OF RESOURCES.—

19 The area has an identifiable theme, and resources

20 important to the theme retain integrity capable of

21 supporting interpretation.

22 (6) SUPPORT.—Residents, nonprofit organiza23 tions, other private entities, and governments

24 throughout the proposed area—
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1 (A) demonstrate support for designation of

2 the area and for management of the area as ap3 propriate for such designation, and

4 (B) are willing to commit to the implemen5 tation of the compact for the area.

6 SEC. 102. DESIGNATION OF NATIONAL HERITAGE AREAS.

7 (a) METHOD OF DESIGNATION.—An area may be

8 designated as a National Heritage Area only by an Act

9 of Congress.

10 (b) CONDITIONS FOR DESIGNATION.—The Congress

11 may designate an area as a National Heritage Area only

12 after each of the following conditions is met:

13 (1) SUBMISSION OF STUDY AND COMPACT TO

14 SECRETARY.—An entity meeting the requirements of

15 section 105(a) and requesting National Heritage

16 Area designation for the area submits to the Sec17 retary—

18 (A) a feasibility study, and

19 (B) a proposed compact for the area,

20 signed by the Governor of each State in which

21 the area is located.

22 (2) SIGNATURE AND SUBMISSION BY SEC23 RETARY.—The Secretary—

24 (A) signs, pursuant to section 103(c)(2),

25 the compact for the area; and
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1 (B) submits the feasibility study for the

2 area and the signed compact to the Congress,

3 together with a clear statement regarding a pre4 ferred action.

5 SEC. 103. NATIONAL HERITAGE AREAS PARTNERSHIP PRO6 GRAM.

7 (a) ESTABLISHMENT.—In order to conserve nation8 ally distinctive natural, historic, scenic, and cultural re9 sources, and to provide opportunities for conservation, eco10 nomic enhancement, education, and recreation through

11 recognition of and assistance to areas containing such re12 sources, there is hereby established within the Department

13 of the Interior a National Heritage Areas Partnership

14 Program, which shall assist the Secretary in carrying out

15 this Act.

16 (b) GRANTS AND TECHNICAL ASSISTANCE.—

17 (1) GRANTS.—

18 (A) IN GENERAL.—The Secretary may

19 make grants for the purposes of this title to

20 any unit of government and to any management

21 entity. The Secretary shall allocate grants

22 under this title based on the relative degree to

23 which each National Heritage Area or prospec24 tive National Heritage Area effectively fulfills

25 the objectives contained in the heritage plan for
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1 the area (or the compact for the area, if no her2 itage plan has been forwarded under section

3 105) and achieves the purposes of this title. In

4 making such allocations, the Secretary shall

5 also give consideration to projects which provide

6 a greater leverage of Federal funds.

7 (B) PERMITTED AND PROHIBITED USES

8 OF GRANTS.—

9 (i) PERMITTED USES.—Grants made

10 under this section may be used for reports,

11 feasibility and other studies, development

12 of compacts, interpretive exhibits, historic

13 preservation projects, construction of cul14 tural, recreational, and interpretive facili15 ties that are open to the public, and such

16 other expenditures as are consistent with

17 this title.

18 (ii) PROHIBITED USES.—Grants made

19 under this section may not be used for—

20 (I) ongoing operational expenses

21 of any management entity (other than

22 operational expenses for the first 3

23 fiscal years beginning after the date

24 of the designation of the relevant Na25 tional Heritage Area); or
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1 (II) acquisition of real property

2 or any interest in real property.

3 (C) APPLICABILITY OF RESTRICTIONS TO

4 SUBGRANTS.—For purposes of subparagraph

5 (B), any subgrant made from funds received as

6 a grant (or subgrant) made under this section

7 shall be treated as a grant made under this sec8 tion.

9 (D) PROTECTION OF FEDERAL INVEST10 MENT.—Any grant made under this section

11 shall be subject to an agreement that conver12 sion, use, or disposal of the project so assisted

13 for purposes contrary to the purposes of this

14 Act, as determined by the Secretary, shall re15 sult in a right of the United States to com16 pensation equal to the greater of—

17 (i) all Federal funds made available to

18 such project under this Act; or

19 (ii) the proportion of the increased

20 value of the project attributable to such

21 funds, as determined at the time of such

22 conversion, use, or disposal.

23 (2) TECHNICAL ASSISTANCE.—The Secretary

24 may provide technical assistance with respect to this

25 title.
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1 (3) DURATION OF ELIGIBILITY FOR GRANTS

2 AND TECHNICAL ASSISTANCE.—The Secretary may

3 not provide any grant, and may provide only limited

4 technical assistance, under this title with respect to

5 any National Heritage Area for any period occurring

6 after the expiration of the 10-year period beginning

7 on the date on which the National Heritage Area is

8 designated.

9 (4) DISQUALIFICATION FOR FEDERAL FUND10 ING.—If a heritage plan meeting the requirements of

11 section 104(c) is not forwarded to the Secretary for

12 a National Heritage Area as required under section

13 105(b)(1) within the time specified in section

14 105(b)(1), the Secretary may not, after such time,

15 provide technical assistance or grants under this

16 title with respect to the National Heritage Area

17 until such a heritage plan for the National Heritage

18 Area is developed and forwarded to the Secretary.

19 (5) PREVIOUSLY EXISTING HERITAGE AREAS.—

20 The Secretary may provide grants and technical as21 sistance under this section with respect to any area

22 which has been designated by an Act of Congress,

23 before the date of the enactment of this Act, as a

24 heritage area or heritage corridor, as if such area or

25 corridor had been designated a National Heritage
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1 Area under this title. The Secretary may not provide

2 any grant, and may provide only limited technical

3 assistance, under this paragraph with respect to any

4 such heritage area or corridor after the earlier of—

5 (A) the last day on which the area or cor6 ridor is eligible for Federal funding or assist7 ance under the statute designating such herit8 age area or corridor; or

9 (B) the expiration of the 10-year period

10 beginning on the date of the enactment of this

11 Act.

12 (c) OTHER DUTIES AND AUTHORITIES OF SEC13 RETARY.—

14 (1) EVALUATION AND ADVICE.—In accordance

15 with the purposes of this Act, the Secretary may—

16 (A) evaluate, in accordance with the cri17 teria referred to in section 101, areas nomi18 nated under this title for designation as Na19 tional Heritage Areas; and

20 (B) upon request, advise State and local

21 governments, nonprofit organizations, and other

22 appropriate entities on issues pertaining to this

23 Act.

24 (2) SIGNING OF COMPACTS.—The Secretary

25 shall sign or withhold signature on each proposed
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1 compact submitted under this Act not later than 90

2 days after receiving the proposed compact. If the

3 Secretary withholds signature on a proposed com4 pact submitted under this Act, the Secretary shall

5 advise the submitter, in writing, of the reasons. The

6 Secretary shall sign or withhold signature on each

7 proposed revision to such a proposed compact not

8 later than 90 days after receiving the proposed revi9 sion. A submitter shall hold a public meeting in the

10 immediate vicinity of the proposed National Herit11 age Area before making any major revisions in a

12 proposed compact submitted under this Act. Prior to

13 signing any compact, the Secretary shall provide

14 reasonable notice concerning the proposed National

15 Heritage Area to private property owners within the

16 proposed boundary. Such notice may range from

17 legal notices (or other information) in local news

18 media to contact with individual property owners.

19 Such notice shall include information concerning the

20 designation, including information on the process by

21 which private property owners may remove their

22 property from the National Heritage Area.

23 (3) MONITORING OF NATIONAL HERITAGE

24 AREAS.—
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1 (A) IN GENERAL.—The Secretary shall

2 monitor all National Heritage Areas (whether

3 or not eligibility for assistance under this title

4 has expired with respect to such areas).

5 (B) COMPLIANCE WITH COMPACTS.—Mon6 itoring of National Heritage Areas under sub7 paragraph (A) shall include monitoring of Na8 tional Heritage Areas to ensure compliance with

9 the terms of the compacts for such areas, for

10 the purpose of making determinations under

11 section 106.

12 (4) PROVISION OF INFORMATION.—In coopera13 tion with other Federal agencies, the Secretary shall

14 provide the general public with information regard15 ing the location and character of National Heritage

16 Areas.

17 (d) DUTIES OF OTHER FEDERAL ENTITIES.—Any

18 Federal entity conducting any activity directly affecting

19 any National Heritage Area shall consider the potential

20 effect of the activity on the area and shall consult with

21 the Governor of the State in which the area is located,

22 and the management entity for the area, with respect to

23 minimizing any adverse effect on the area.
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1 SEC. 104. FEASIBILITY STUDIES, COMPACTS, AND HERIT2 AGE PLANS.

3 (a) FEASIBILITY STUDIES.—Each feasibility study

4 submitted under this title shall include sufficient informa5 tion to determine whether an area has the potential to

6 meet the criteria referred to in section 101. Each such

7 feasibility study shall be prepared with public participa8 tion. Each such feasibility study shall include, but need

9 not be limited to, each of the following:

10 (1) RESOURCES AND OPPORTUNITIES.—A de11 scription of the natural, historic, and cultural re12 sources and recreational and educational opportuni13 ties presented by the area, including an assessment

14 of the quality and integrity of, the availability of

15 public access to, and the themes represented by such

16 resources and opportunities.

17 (2) INTEREST AND IMPACT.—An assessment of

18 the interest of, and impact of possible designation

19 upon, potential partners, units of government, non20 profit organizations, and other private entities, in21 cluding private property owners.

22 (3) BOUNDARIES.—A general description of the

23 boundaries for the proposed National Heritage Area.

24 (4) CONCEPTUAL FRAMEWORK.—A general de25 scription of the conceptual framework of the pro26 posed National Heritage Area.
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1 (5) POSSIBLE MANAGEMENT ENTITY.—Identi2 fication of a possible management entity for the pro3 posed National Heritage Area.

4 (6) VIEWS OF LOCALLY ELECTED OFFICIALS.—

5 Views of locally elected officials, including the views

6 of any such officials opposed to designation of the

7 area as a National Heritage Area.

8 (b) COMPACTS.—

9 (1) IN GENERAL.—Each compact submitted

10 under this title with respect to an area proposed for

11 designation as a National Heritage Area shall con12 sist of an agreement between the Secretary and the

13 Governor of each State in which the area is located.

14 Such agreement shall define the area, describe an15 ticipated programs for the area, and include infor16 mation relating to the objectives and management of

17 the area. Such information shall include, but need

18 not be limited to, each of the following:

19 (A) BOUNDARIES.—A delineation of the

20 boundaries of the proposed National Heritage

21 Area.

22 (B) MANAGEMENT ENTITY.—An identifica23 tion and description of the management entity

24 that will administer the proposed National Her25 itage Area.
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1 (C) PARTNERS.—A list of the initial part2 ners to be involved in developing and imple3 menting the heritage plan for the proposed

4 area, and a statement of the financial commit5 ment of the partners.

6 (D) GOALS, OBJECTIVES, AND CONCEP7 TUAL FRAMEWORK.—A discussion of the goals,

8 objectives, and cost of the proposed National

9 Heritage Area, including an explanation of—

10 (i) the conceptual framework, pro11 posed by the partners referred to in sub12 paragraph (C), for development and imple13 mentation of the heritage plan for the Na14 tional Heritage Area; and

15 (ii) the costs associated with the con16 ceptual framework.

17 (E) ROLE OF STATE.—A description of the

18 role of each State in which the proposed Na19 tional Heritage Area is located.

20 (2) CONSISTENCY WITH ECONOMIC VIABIL21 ITY.—Each compact submitted under this title with

22 respect to an area proposed for designation as a Na23 tional Heritage Area shall be consistent with contin24 ued economic viability in the communities within the

25 area.
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1 (3) PREPARATION OF COMPACT.—Each com2 pact submitted under this title shall be prepared

3 with public participation and in compliance with the

4 National Environmental Policy Act of 1969 (42

5 U.S.C. 4321 et seq.).

6 (4) INITIATION OF ACTIONS.—Actions called for

7 in a compact shall be initiated within a reasonable

8 time after designation of the National Heritage Area

9 and shall ensure effective implementation of the

10 State and local aspects of the compact.

11 (c) HERITAGE PLANS.—

12 (1) IN GENERAL.—Each heritage plan for13 warded to the Secretary under this title for a Na14 tional Heritage Area shall be a plan, prepared pur15 suant to the designation of a National Heritage

16 Area, which sets forth the strategy to implement the

17 goals and objectives of the area. Each such heritage

18 plan shall—

19 (A) present comprehensive recommenda20 tions for the conservation, funding, manage21 ment, and development of the area;

22 (B) be prepared with public participation;

23 (C) take into consideration existing Fed24 eral, State, county, and local plans and involve
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1 residents, private property owners, public agen2 cies, and private organizations in the area;

3 (D) include a description of actions that

4 units of government and private organizations

5 could take to protect the resources of the area;

6 and

7 (E) specify existing and potential sources

8 of funding for the conservation, management,

9 and development of the area.

10 (2) ADDITIONAL INFORMATION.—Each heritage

11 plan forwarded to the Secretary under this title also

12 shall include the following, as appropriate:

13 (A) INVENTORY OF RESOURCES.—An in14 ventory of important natural, cultural, or his15 toric resources which illustrate the theme of the

16 National Heritage Area.

17 (B) RECOMMENDATIONS FOR MANAGE18 MENT.—A recommendation of policies for man19 agement of the historical, cultural, and natural

20 resources and the recreational and educational

21 opportunities of the area in a manner consistent

22 with the support of appropriate and compatible

23 economic viability.

24 (C) PROGRAM AND COMMITMENTS.—A

25 program for implementation of the heritage
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1 plan by the management entity specified in the

2 compact for the area and specific commitments,

3 for the first 5 years of operation of the heritage

4 plan, by the partners identified in the compact.

5 (D) ANALYSIS OF COORDINATION.—An

6 analysis of means by which Federal, State, and

7 local programs may best be coordinated to pro8 mote the purposes of this Act.

9 (E) INTERPRETIVE PLAN.—An interpretive

10 plan for the National Heritage Area.

11 SEC. 105. MANAGEMENT ENTITIES.

12 (a) IN GENERAL.—The management entity for each

13 National Heritage Area shall be an entity which reflects

14 a broad cross-section of interests within the heritage area

15 and which includes—

16 (1) at least 1 representative of one or more

17 units of government in each State in which the Na18 tional Heritage Area is located; and

19 (2) private property owners who reside within

20 the National Heritage Area.

21 (b) DUTIES.—Each management entity for a Na22 tional Heritage Area shall fulfill each of the following re23 quirements:

24 (1) HERITAGE PLAN.—Not later than 3 years

25 after the date of the designation of the area as a
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1 National Heritage Area, the management entity

2 shall develop and forward to the Secretary, and to

3 the Governor of each State in which the area is lo4 cated, a heritage plan.

5 (2) PRIORITIES.—The management entity shall

6 give priority to the implementation of actions, goals,

7 and policies set forth in the compact and heritage

8 plan for the area, including assisting units of gov9 ernment and others in—

10 (A) carrying out programs which recognize

11 important resource values within the National

12 Heritage Area;

13 (B) encouraging economic viability in the

14 affected communities;

15 (C) establishing and maintaining interpre16 tive exhibits in the area;

17 (D) developing recreational and edu18 cational opportunities in the area;

19 (E) increasing public awareness of and ap20 preciation for the natural, historical, and cul21 tural resources of the area;

22 (F) restoring historic buildings that are lo23 cated within the boundaries of the area and re24 late to the theme of the area; and
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1 (G) ensuring that clear, consistent, and ap2 propriate signs identifying public access points

3 and sites of interest are put in place throughout

4 the area.

5 (3) CONSIDERATION OF INTERESTS OF LOCAL

6 GROUPS.—The management entity shall, in develop7 ing and implementing the heritage plan for the area,

8 consider the interests of diverse units of government,

9 businesses, private property owners, and nonprofit

10 groups within the geographic area.

11 (4) PUBLIC MEETINGS.—The management en12 tity shall conduct public meetings at least annually

13 regarding the implementation of the heritage plan

14 for the area. The management entity shall place a

15 notice of each such meeting in a newspaper of gen16 eral circulation in the area and shall make the min17 utes of the meeting available to the public.

18 SEC. 106. WITHDRAWAL OF DESIGNATION.

19 (a) IN GENERAL.—The National Heritage Area des20 ignation of an area shall continue unless—

21 (1) the Secretary determines that—

22 (A) the National Heritage Area no longer

23 meets the criteria referred to in section 101;

24 (B) the use, condition, or development of

25 the area is inconsistent with the criteria re-
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1 ferred to in section 101, the compact for the

2 area, or the heritage plan for the area; or

3 (C) the National Heritage Area is no

4 longer supported by the residents of the area

5 (which may be demonstrated by a request from

6 the Governor of any State in which the area is

7 located or a petition reflecting the interest of

8 residents of the area); and

9 (2) after making a determination referred to in

10 paragraph (1), the Secretary submits to the Con11 gress notification that the National Heritage Area

12 designation of the area should be withdrawn.

13 (b) PUBLIC HEARING.—Before the Secretary makes

14 a determination referred to in subsection (a)(1) regarding

15 a National Heritage Area, the Secretary or a designee

16 shall hold a public hearing within the area.

17 (c) TIME OF WITHDRAWAL OF DESIGNATION.—The

18 withdrawal of the National Heritage Area designation of

19 an area shall become final 90 legislative days after the

20 Secretary submits to the Congress the notification referred

21 to in subsection (a)(2) regarding the area.

22 (d) RESTRICTIONS ON REDESIGNATION.—If the Na23 tional Heritage Area designation of any area is withdrawn,

24 such area may not be redesignated as a National Heritage

25 Area before the expiration of the 10-year period beginning
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1 on the date of such withdrawal. With respect to any Na2 tional Heritage Area which is so redesignated, section

3 103(b)(3) shall be applied by substituting ‘‘the excess (if

4 any) of 10 years over the amount of time for which such

5 area was previously eligible for grants under this title (or

6 would have been so eligible but for paragraph (4))’’ for

7 ‘‘the 10-year period beginning on the date on which the

8 National Heritage Area is designated’’.

9 SEC. 107. PRIVATE PROPERTY PROTECTION.

10 (a) LIMITATION ON INCLUSION OF PRIVATE PROP11 ERTY IN NATIONAL HERITAGE AREAS.—No privately

12 owned property shall be included within the boundaries of

13 any National Heritage Area unless the government of the

14 county, city, or town in which the property is located

15 agrees to be so included and submits notification of such

16 agreement to the Secretary. If, at any time after the des17 ignation of the area, the government of a county, city, or

18 town which submitted such notification requests to be re19 moved from the National Heritage Area, the Secretary

20 and each Governor of a State in which the National Herit21 age Area is located shall revise the compact for the Na22 tional Heritage Area to exclude the county, city, or town

23 from the area.

24 (b) PROHIBITION OF ASSISTANCE IF MANAGEMENT

25 ENTITY EXERCISES ZONING OR LAND USE POWERS.—
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1 The Secretary may not provide grants or technical assist2 ance under this title with respect to any National Heritage

3 Area if the management entity for such area possesses or

4 exercises any zoning or land use regulation powers.

5 (c) PROHIBITION OF CONDITIONING SIGNING OF

6 COMPACT OR AWARD OF ASSISTANCE ON LAND USE

7 CHANGES.—The Secretary may not, as a condition of

8 signing any compact or awarding any grant or any tech9 nical assistance under this Act, require the enactment or

10 modification of land use restrictions.

11 (d) ACCESS TO PRIVATE PROPERTY.—No provision

12 of this Act shall be construed to require any private prop13 erty owner to permit public access to such private prop14 erty. No provision of this Act shall be construed to modify

15 any provision of State law with regard to public access

16 to or use of private lands. Designation of a National Her17 itage Area under this Act shall not be deemed to create

18 any liability, or to have any effect on any liability (under

19 any other law), of any private property owner with respect

20 to any persons injured on such private property.

21 (e) RECOGNITION OF AUTHORITY TO CONTROL

22 LAND USE.—No provision of this Act shall be construed

23 to modify any existing authority of Federal, State, or local

24 governments to regulate land use.
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1 (f) NOTIFICATION ON MAPS.—All maps and bro2 chures prepared pursuant to this Act shall include lan3 guage stating that certain lands within the National Her4 itage Areas are private lands.

5 (g) PARTICIPATION OF PRIVATE PROPERTY OWNERS

6 IN NATIONAL HERITAGE AREAS.—

7 (1) IN GENERAL.—No provision of this Act

8 shall be construed to require any private property

9 owner located within the boundary of any Heritage

10 Area to participate in or be associated with any Na11 tional Heritage Area.

12 (2) REMOVAL AND ADDITION OF PRIVATE

13 PROPERTY TO THE NATIONAL HERITAGE AREA.—

14 (A) REMOVAL OF PRIVATE PROPERTY

15 FROM THE NATIONAL HERITAGE AREA.—If at

16 any time the owner of privately owned property

17 within the boundary of a National Heritage

18 Area submits a written request to the manage19 ment entity to be removed from the National

20 Heritage Area, the management entity shall re21 vise the boundary map of such National Herit22 age Area to exclude the property from the Na23 tional Heritage Area. The application of this

24 subparagraph shall not affect the application of

25 section 103(b)(1)(D).
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1 (B) ADDITION OF PRIVATE PROPERTY TO

2 THE NATIONAL HERITAGE AREA.—If at any

3 time the owner of privately owned property

4 within the boundary of a National Heritage

5 Area which has been previously removed from

6 the National Heritage Area boundary map, sub7 mits a written request to the management en8 tity to be included within the National Heritage

9 Area, the management entity shall revise the

10 boundary map to include such property in the

11 National Heritage Area.

12 (C) FINALIZATION OF BOUNDARY MAP.—

13 Exclusion of property under subparagraph (A)

14 or inclusion of property under subparagraph

15 (B) shall be final upon the receipt by the man16 agement entity of a written request by the pri17 vate property owner.

18 SEC. 108. EFFECT ON ENVIRONMENTAL AND OTHER STAND19 ARDS.

20 (a) RULES, REGULATIONS, STANDARDS, AND PER21 MIT PROCESSES.—No provision of this Act shall be con22 strued to impose any environmental, occupational, safety,

23 or other rule, regulation, standard, or permit process that

24 is different from those that would be applicable had a Na25 tional Heritage Area not been established.
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1 (b) WATER STANDARDS.—No provision of this Act

2 shall be construed to impose any Federal or State water

3 use designation or water quality standard upon uses of,

4 or discharges to, waters of a State or waters of the United

5 States, within or adjacent to a National Heritage Area,

6 that is different from those that would be applicable had

7 the National Heritage Area not been established.

8 (c) WATER FACILITIES.—No provision of this Act

9 shall be construed to affect the continuing use and oper10 ation, repair, rehabilitation, expansion, or new construc11 tion of water supply facilities, water and wastewater treat12 ment facilities, stormwater facilities, public utilities, and

13 common carriers.

14 (d) WATER AND WATER RIGHTS.—No provision of

15 this Act shall be construed to authorize or imply the res16 ervation or appropriation of water or water rights.

17 (e) PERMITTING OF FACILITIES.—No provision of

18 this Act shall be construed to abridge, restrict, or alter

19 any applicable rule, regulation, standard, or review proce20 dure for the permitting of facilities within or adjacent to

21 a National Heritage Area.

22 SEC. 109. MULTIPLE USE SAVINGS CLAUSE.

23 (a) NO DIMINISHMENT OF STATE AUTHORITY.—No

24 provision of this Act shall be construed to diminish the

25 authority of the State containing any National Heritage
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1 Area to manage fish and wildlife, including the regulation

2 of fishing and hunting within the area.

3 (b) NO CONDITIONING OF COMPACT AND ASSIST4 ANCE.—The Secretary may not require limitations on any

5 multiple use on Federal lands (including, but not limited

6 to, oil and gas, timbering, grazing, mining, irrigation,

7 recreation, fishing, hunting, and trapping) as a condition

8 for the signing of a compact, the provision of a grant, or

9 the determination of eligibility for assistance under this

10 Act. Neither the Secretary nor any other Federal agency

11 may require such limitations as a condition for the receipt,

12 in connection with the National Heritage Area status of

13 an area, of any other form of assistance from the Sec14 retary or such agencies.

15 SEC. 110. SAVINGS PROVISION FOR PREVIOUSLY DES16 IGNATED AREAS.

17 Except as specified in section 112(g), no provision of

18 this Act shall be construed to expand or diminish any au19 thority contained in any law that designates, before the

20 date of the enactment of this Act, a heritage area or herit21 age corridor.

22 SEC. 111. REPORT.

23 The Secretary shall submit to the Congress, every 5

24 years, a report on the status and accomplishments of the
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1 National Heritage Areas Partnership Program as a whole

2 and the condition of National Heritage Areas.

3 SEC. 112. AUTHORIZATION OF APPROPRIATIONS.

4 (a) IN GENERAL.—There is authorized to be appro5 priated for grants made and technical assistance provided

6 under section 103(b), the administration of such grants

7 and assistance, and the administration of the National

8 Heritage Areas Partnership Program established by sec9 tion 103(a), annually not more than $10,000,000, to re10 main available until expended.

11 (b) ANNUAL ALLOCATION FOR GRANTS.—In any fis12 cal year, not less than 70 percent of the funds obligated

13 under this title shall be used for grants made under sec14 tion 103(b).

15 (c) LIMITATION ON TECHNICAL ASSISTANCE FUND16 ING.—In any fiscal year, not more than 30 percent of the

17 funds obligated under this title may be used for technical

18 assistance provided under section 103(b).

19 (d) LIMITATION ON PERCENT OF COST.—Federal

20 funding provided under this title, after the designation of

21 a National Heritage Area, for any technical assistance or

22 grant with respect to the area may not exceed 50 percent

23 of the total cost of the assistance or grant. Federal fund24 ing provided under this title with respect to an area before

25 the designation of the area as a National Heritage Area
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1 may not exceed an amount proportionate to the level of

2 local support of and commitment to the designation of the

3 area.

4 (e) LIMITATION ON TOTAL FUNDING FOR EACH NA5 TIONAL HERITAGE AREA.—Not more than a total of

6 $10,000,000 may be made available under this section

7 with respect to each National Heritage Area.

8 (f) LIMITATION ON ANNUAL FUNDING FOR EACH

9 NATIONAL HERITAGE AREA.—Not more than $1,000,000

10 may be made available under this section with respect to

11 each National Heritage Area for any fiscal year.

12 (g) APPLICATION OF FUNDING LIMITS TO EXISTING

13 AREAS.—

14 (1) IN GENERAL.—Except as provided in any

15 other title of this Act, the aggregate appropriations,

16 under this and any other Act for any fiscal year be17 ginning after the date of the enactment of this Act,

18 to the Secretary (acting through the National Park

19 Service) for any area designated before such date as

20 a heritage area or heritage corridor may not exceed

21 the maximum amount which could have been appro22 priated with respect to the area or corridor under

23 this section for such fiscal year if the area or cor24 ridor were a National Heritage Area designated

25 under this title.
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1 (2) APPLICATION OF LIMIT ON TOTAL FUNDING

2 FOR AREA.—For purposes of paragraph (1) and sub3 section (e), all Federal funding made available (be4 fore, on, or after the date of the enactment of this

5 Act) by the Secretary (acting through the National

6 Park Service) with respect to a heritage area or her7 itage corridor described in paragraph (1) shall be

8 treated as funding made available under this section.

9 (3) INCLUSION IN LIMIT ON FUNDING UNDER

10 THIS SECTION.—For purposes of the $10,000,000

11 limitation contained in subsection (a), all amounts

12 appropriated to Secretary (acting through the Na13 tional Park Service) after the date of the enactment

14 of this Act, under this or any other Act, for heritage

15 areas and heritage corridors described in paragraph

16 (1) shall be treated as appropriated under such sub17 section.

18 (h) PROHIBITION ON USE OF FUNDS TO SUPPLE19 MENT NATIONAL PARK SYSTEM.—No funds authorized to

20 be appropriated under this title may be used to supple21 ment funding or programs at any unit of the National

22 Park System.

23 (i) ALLOCATION OF APPROPRIATIONS.—Notwith24 standing any other provision of law, no funds appropriated
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1 or otherwise made available to the Secretary to carry out

2 this Act—

3 (1) may be obligated or expended by any person

4 unless the appropriation of such funds has been allo5 cated in the manner prescribed by this Act; or

6 (2) may be obligated or expended by any person

7 in excess of the amount prescribed by this Act.

8 SEC. 113. EXPIRATION OF GRANT AND TECHNICAL ASSIST9 ANCE AUTHORITY.

10 The Secretary may not make any grant or provide

11 any technical assistance under this title after September

12 30, 2012.

13 TITLE II—DESIGNATION OF

14 NATIONAL HERITAGE AREAS

15 SEC. 201. ESSEX NATIONAL HERITAGE AREA.

16 (a) STATEMENT OF PURPOSE.—The purposes of this

17 section are—

18 (1) to designate the Essex National Heritage

19 Area in order to recognize, preserve, promote, inter20 pret, and make available for the benefit of the public

21 the historical, cultural, and natural resources of the

22 North Shore and lower Merrimack River Valley in

23 Essex County, Massachusetts, which encompass the

24 3 primary themes of the Salem Maritime National

25 Historic site and Saugus Iron Works National His-
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1 toric site (the histories of early settlement and in2 dustry, maritime trade, and textile and leather man3 ufacturing); and

4 (2) to provide a management framework to as5 sist the Commonwealth of Massachusetts and its

6 units of local government in the development and

7 implementation of an integrated cultural, historical,

8 and land resource management program in order to

9 retain, enhance, and interpret the significant values

10 of the lands, waters, and structures located in the

11 district.

12 (b) DESIGNATION.—Upon publication by the Sec13 retary in the Federal Register of notice that the Secretary

14 has signed (pursuant to section 103(c)(2)) a compact re15 garding the Heritage Area, there is hereby designated the

16 Essex National Heritage Area (in this section referred to

17 as the ‘‘Heritage Area’’), within the county of Essex in

18 the Commonwealth of Massachusetts.

19 (c) BOUNDARIES.—The Heritage Area shall be com20 prised of the lands generally depicted on the map num21 bered NAR–51–80,000 and dated August 1994. The map

22 shall be on file and available for public inspection in the

23 office of the Director of the National Park Service.

24 (d) ADMINISTRATION.—The Heritage Area shall be

25 treated as part of the National Heritage Areas Partner-
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1 ship Program and shall be treated for all purposes as hav2 ing been designated a National Heritage Area under title

3 I on the date on which the Heritage Area is designated

4 under subsection (b).

5 SEC. 202. OHIO & ERIE CANAL NATIONAL HERITAGE AREA.

6 (a) STATEMENT OF PURPOSE.—The purposes of this

7 section are—

8 (1) to preserve and interpret for the educational

9 and inspirational benefit of present and future gen10 erations the unique and significant contributions to

11 our national heritage of certain historic and cultural

12 lands, waterways, and structures within the 87-mile

13 Ohio and Erie Canal Corridor between Cleveland

14 and Zoar, Ohio;

15 (2) to encourage within the corridor a broad

16 range of economic opportunities enhancing the qual17 ity of life for present and future generations;

18 (3) to provide a management framework to as19 sist the State of Ohio, its political subdivisions, and

20 non-profit organizations, or combinations thereof, in

21 preparing and implementing an integrated corridor

22 heritage plan, and in developing policies and pro23 grams that will preserve, enhance, and interpret the

24 cultural, historical, natural, scenic, and recreational

25 resources and opportunities of the corridor; and
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1 (4) to authorize the Secretary to provide finan2 cial and technical assistance to the State of Ohio, its

3 political subdivisions, and non-profit organizations,

4 or combinations thereof, in preparing and imple5 menting a corridor heritage plan.

6 (b) DESIGNATION.—Upon publication by the Sec7 retary in the Federal Register of notice that the Secretary

8 has signed (pursuant to section 103(c)(2)) a compact re9 garding the Heritage Area, there is hereby designated the

10 Ohio & Erie Canal National Heritage Area (in this section

11 referred to as the ‘‘Heritage Area’’).

12 (c) BOUNDARIES.—The Heritage Area shall be com13 posed of the lands that are generally the route of the Ohio

14 & Erie Canal from Cleveland to Zoar, Ohio, as depicted

15 in the 1993 National Park Service Special Resources

16 Study, ‘‘A Route to Prosperity’’. The specific boundaries

17 shall be those specified in the heritage plan submitted

18 under section 105(b)(1). The Secretary shall prepare a

19 map of the area which shall be on file and available for

20 public inspection in the office of the Director of the Na21 tional Park Service.

22 (d) ADMINISTRATION.—The Heritage Area shall be

23 treated as part of the National Heritage Areas Partner24 ship Program and shall be treated for all purposes as hav25 ing been designated a National Heritage Area under title
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1 I on the date on which the Heritage Area is designated

2 under subsection (b).

3 (e) MANAGEMENT ENTITY.—Upon petition, the Sec4 retary is authorized to recognize the Ohio & Erie Canal

5 Association as the management entity, for purposes of

6 title I of this Act, for the Ohio & Erie Canal National

7 Heritage Area if the association establishes a National

8 Heritage Area Committee described in subsection (f).

9 Such a committee shall not be treated as an advisory com10 mittee for purposes of the Federal Advisory Committee

11 Act (5 U.S.C. App.).

12 (f) NATIONAL HERITAGE AREA COMMITTEE.—For

13 purposes of subsection (e), the term ‘‘National Heritage

14 Area Committee’’ means a committee which consists of the

15 following:

16 (1) 4 individuals, who shall include 1 represent17 ative of business and industry from each of the Ohio

18 counties of Cuyahoga, Summit, Stark, and

19 Tuscarawas, submitted by the Greater Cleveland

20 Growth Association, the Akron Regional Develop21 ment Board, the Stark Development Board, and the

22 Tuscarawas County Chamber of Commerce.

23 (2) 1 individual who is a director of a conven24 tion and tourism bureau within the 87-mile Ohio

25 and Erie Canal Corridor between Cleveland and
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1 Zoar, Ohio, submitted by the Director of the Ohio

2 Department of Travel and Tourism.

3 (3) 1 individual with knowledge and experience

4 in the field of historic preservation, submitted by the

5 Ohio Historic Preservation Officer.

6 (4) 1 individual with knowledge and experience

7 in the field of historic preservation, submitted by the

8 Director of the National Park Service.

9 (5) 3 individuals submitted by the county or

10 metropolitan park boards in the Ohio counties of

11 Cuyahoga, Summit, and Stark.

12 (6) 8 individuals submitted by the county com13 missioners or county chief executives of the Ohio

14 counties of Cuyahoga, Summit, Stark, and

15 Tuscarawas, including—

16 (A) from each such county, 1 representa17 tive of the planning offices of the county; and

18 (B) from each such county, 1 representa19 tive of a municipality in the county.

20 (7) 2 individuals, who shall be representatives

21 of the Directors of the Ohio Department of Natural

22 Resources and the Ohio Department of Transpor23 tation, submitted by the Governor of Ohio.

24 (8) The Superintendent of the Cuyahoga Valley

25 National Recreation Area.
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1 SEC. 203. AUGUSTA CANAL NATIONAL HERITAGE COR2 RIDOR.

3 (a) STATEMENT OF PURPOSE.—The purpose of this

4 section is to provide a cooperative management framework

5 to assist the State of Georgia, its units of local govern6 ment, and area citizens in retaining, enhancing, and inter7 preting the significant features of the lands, water, and

8 structures of the Augusta Canal, in a manner that is con9 sistent with positive economic impact and development for

10 the benefit and inspiration of present and future genera11 tions in the State of Georgia and the United States.

12 (b) DESIGNATION.—Upon publication by the Sec13 retary in the Federal Register of notice that the Secretary

14 has signed (pursuant to section 103(c)(2)) a compact re15 garding the Heritage Corridor, there is hereby designated

16 the Augusta Canal National Heritage Corridor (in this

17 section referred to as the ‘‘Heritage Corridor’’).

18 (c) BOUNDARIES.—The Heritage Corridor shall in19 clude the land generally depicted on the map entitled ‘‘The

20 Augusta Canal’’, numbered AUCA–80,000, and dated Au21 gust 1994, which shall be on file and available for public

22 inspection in the Office of the Director of the National

23 Park Service.

24 (d) ADMINISTRATION.—The Heritage Corridor shall

25 be treated as part of the National Heritage Areas Partner26 ship Program and shall be treated for all purposes as hav-
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1 ing been designated a National Heritage Area under title

2 I on the date on which the Heritage Corridor is designated

3 under subsection (b).

4 SEC. 204. VANCOUVER NATIONAL HISTORIC RESERVE.

5 (a) STATEMENT OF PURPOSE.—The purposes of this

6 section are—

7 (1) to preserve, enhance, and interpret the sig8 nificant aspects of the land, water, structures, and

9 history of areas in and around Vancouver, Washing10 ton; and

11 (2) to establish a cooperative arrangement

12 through which an integrated cultural, historical, rec13 reational, and educational land resource manage14 ment program may be developed and implemented to

15 achieve those purposes.

16 (b) DESIGNATION.—Upon publication by the Sec17 retary in the Federal Register of notice that the Secretary

18 has signed (pursuant to section 103(c)(2)) a compact re19 garding the Historic Reserve, there is hereby designated

20 the Vancouver National Historic Reserve (in this section

21 referred to as the ‘‘Historic Reserve’’).

22 (c) BOUNDARIES.—The Historic Reserve shall be

23 composed of the lands depicted on the map entitled ‘‘Van24 couver National Historic Reserve—Proposed Reserve
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1 Area, numbered VAMC–80,000l’’, and shall include the

2 following lands and facilities:

3 (1) Fort Vancouver National Historic Site.

4 (2) Vancouver Barracks.

5 (3) Pearson Airpark and Pearson Airpark His6 torical Museum.

7 (4) Officers Row.

8 (5) Old Apple Tree Park.

9 (6) Marine Park.

10 (7) The area of the Columbia River waterfront

11 identified in the map.

12 (8) The land and easements dedicated to the

13 city of Vancouver, Washington, for a waterfront trail

14 within the Columbia shores property.

15 (9) A pedestrian-only path between the Marine

16 Park and the southeastern corner of the Historic

17 Reserve at Columbia Way.

18 The map shall be on file and available for public inspection

19 in the offices of the Director of the National Park Service.

20 (d) ADMINISTRATION.—The Historic Reserve shall be

21 treated as part of the National Heritage Areas Partner22 ship Program and shall be treated for all purposes as hav23 ing been designated as a National Heritage Area under

24 title I on the date on which the Historic Reserve is des25 ignated under subsection (b).
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1 (e) PEARSON AIRPARK.—

2 (1) CONDITIONS ON CONTINUED GENERAL

3 AVIATION USE.—The Secretary shall permit that

4 portion of National Park Service property used by

5 the city of Vancouver on the date of the enactment

6 of this Act for the Pearson Airpark runway and

7 taxiway to continue to be used by the city for gen8 eral aviation purposes after the year 2002 and be9 fore April 7, 2022, subject to approval by the Fed10 eral Aviation Administration and subject to the fol11 lowing conditions:

12 (A) MUSEUM AND AIRPARK.—Pearson Air13 park and Pearson Airpark Historical Museum

14 shall be operated by the city of Vancouver,

15 Washington, or its designee.

16 (B) FEE AND RENTAL.—The city of Van17 couver, Washington, shall pay to the National

18 Park Service fair market value for any National

19 Park Service lands, within the boundaries of

20 the Historic Reserve, leased by the city, except

21 as otherwise provided in this subparagraph. The

22 Secretary may enter into agreements that pro23 vide that specific additional work performed or

24 expenses paid by the city of Vancouver, which

25 the city is not otherwise obligated to perform or
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1 pay under this or any other provision of law,

2 may be used, fairly valued, to reduce or offset

3 the amount of the obligation of the city to pay

4 rent pursuant to this subparagraph.

5 (C) REMOVAL OF EXTRANEOUS BUILDINGS

6 AND DEVICES.—All nonhistoric aviation-related

7 facilities and equipment, including T-hangars

8 and associated taxiways, shall be removed by

9 the city of Vancouver from National Park Serv10 ice property within the Historic Reserve not

11 later than April 6, 2003, except facilities and

12 equipment that are necessary for navigation

13 and safety in accordance with Federal Aviation

14 Administration standards and requirements.

15 (D) NO COMPENSATION.—The city of Van16 couver shall not be compensated for historic

17 aviation-related facilities or equipment that are

18 on National Park Service property within the

19 Historic Reserve on or before the date of the

20 enactment of this Act and remain on National

21 Park Service property within the Historic Re22 serve after such date, but shall be liable and re23 sponsible for continued use and maintenance of

24 the facilities and equipment.
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1 (E) IMPROVEMENTS AND ADDITIONS.—

2 The approval of the Secretary shall be required

3 for all improvements and additions to facilities

4 or equipment of the Pearson Airpark Historical

5 Museum that are located on property of the

6 National Park Service.

7 (F) HELICOPTERS.—Helicopters shall not

8 be based at Pearson Airpark except as nec9 essary to accommodate emergency, disaster, or

10 national security needs.

11 (G) NUMBER OF AIRCRAFT.—The number

12 of airworthy aircraft based at Pearson Airpark

13 shall be determined under the Pearson eco14 nomic plan described in paragraph (3).

15 (2) PROHIBITION ON GENERAL AVIATION USE

16 AFTER APRIL 6, 2022.—No general aviation aircraft

17 shall be allowed at Pearson Airpark after April 6,

18 2022, unless a continuation of general aviation at

19 the Airpark is expressly authorized by an Act of

20 Congress enacted after the date of the enactment of

21 this Act.

22 (3) PEARSON ECONOMIC PLAN.—

23 (A) IN GENERAL.—The management entity

24 for the Historic Reserve shall prepare an eco25 nomic viability and mitigation plan (in this sec-
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1 tion referred to as the ‘‘Pearson economic

2 plan’’) for Pearson Airpark and include the

3 plan in the heritage plan submitted under sec4 tion 105(b)(1) with respect to the Historic Re5 serve.

6 (B) CONTENTS OF PEARSON ECONOMIC

7 PLAN.—The Pearson economic plan shall pro8 vide for each of the following:

9 (i) A report by the management entity

10 to the Secretary and the Congress, not

11 later than January 1, 2022, regarding the

12 advisability of continuing to base some

13 general aviation aircraft at Pearson Air14 park, taking into account the impact of

15 general aviation aircraft on National Park

16 Service operations, the needs of the com17 munity, and whether or not general avia18 tion aircraft are necessary to support the

19 economic viability of the historic aircraft

20 mission within the Historic Reserve.

21 (ii) A transition from basing predomi22 nantly general aviation aircraft at Pearson

23 Airpark to basing only historic aircraft at

24 the Airpark by April 6, 2022.
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1 (iii) A program, coordinated with the

2 Federal Aviation Administration and other

3 agencies, to mitigate or eliminate any con4 flicts related to the operation of Pearson

5 Airpark and other activities within the

6 Historic Reserve. The program shall ad7 dress noise, safety, visual intrusion, and

8 the location of new facilities.

9 (iv) A Pearson Airpark Historical Mu10 seum plan, including budgetary strategies

11 by which proceeds from general aviation

12 and other sources will fund the museum

13 and other aviation curation activities.

14 (4) NO EFFECT ON AUTHORITY OF FAA OR

15 PORT OF PORTLAND.—This Act shall not be con16 strued to limit the authority of the Federal Aviation

17 Administration over air traffic control or aviation ac18 tivities, or activities supporting air traffic control or

19 aviation activities, at Pearson Airpark nor to limit

20 the operation or management, by the Port of Port21 land, of the Portland International Airport or of the

22 airspace in the vicinity of the airport.

23 (5) DEFINITION OF HISTORIC AIRCRAFT.—For

24 purposes of this section, the term ‘‘historic aircraft’’

25 means an aircraft that—
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1 (A) is based on a design from the World

2 War II era or earlier;

3 (B) is 50 years old or older; or

4 (C) is of historical significance, as deter5 mined by a qualified aviation advisory group se6 lected by the management entity.

7 SEC. 205. STEEL INDUSTRY NATIONAL HERITAGE AREA.

8 (a) STATEMENT OF PURPOSE.—The purposes of this

9 section are—

10 (1) to foster a close working relationship be11 tween all levels of government, the private sector,

12 and the local communities in the steel industry re13 gion of southwestern Pennsylvania and empower the

14 communities to conserve their heritage while con15 tinuing to pursue economic opportunities; and

16 (2) to conserve, interpret, and develop the his17 torical, cultural, natural, and recreational resources

18 related to the industrial and cultural heritage of the

19 6-county steel industry region of southwestern Penn20 sylvania.

21 (b) DESIGNATION.—Upon publication by the Sec22 retary in the Federal Register of notice that the Secretary

23 has signed (pursuant to section 103(c)(2)) a compact re24 garding the Heritage Area, there is hereby designated the
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1 Steel Industry National Heritage Area (in this section re2 ferred to as the ‘‘Heritage Area’’).

3 (c) BOUNDARIES.—The Heritage Area shall be com4 posed of lands generally depicted on the map entitled ‘‘The

5 Steel Industry American Heritage Area’’, numbered

6 SINHA–80,007, and dated August 1994. The map shall

7 be on file and available for public inspection in the office

8 of the Director of the National Park Service.

9 (d) ADMINISTRATION.—The Heritage Area shall be

10 considered to be part of the National Heritage Areas Part11 nership Program and shall be treated for all purposes as

12 having been designated a National Heritage Area under

13 title I on the date on which the Heritage Area is des14 ignated under subsection (b).

15 SEC. 206. SOUTH CAROLINA NATIONAL HERITAGE COR16 RIDOR.

17 (a) DESIGNATION.—Upon publication by the Sec18 retary in the Federal Register of notice that the Secretary

19 has signed (pursuant to section 103(c)(2)) a compact re20 garding the Heritage Area, there is hereby designated the

21 South Carolina National Heritage Area (in this section re22 ferred to as the ‘‘Heritage Area’’).

23 (b) BOUNDARIES.—The Heritage Area shall be com24 prised of the lands generally depicted on the map included

25 in the South Carolina Heritage Corridor—Draft Plan pre-
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1 pared by the South Carolina Department of Parks, Recre2 ation and Tourism and dated September 1995.

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

4 treated as part of the National Heritage Areas Partner5 ship Program and shall be treated for all purposes as hav6 ing been designated a National Heritage Area under title

7 I on the date on which the Heritage Area is designated

8 under subsection (a).

9 SEC. 207. TENNESSEE CIVIL WAR NATIONAL HERITAGE

10 AREA.

11 (a) CONGRESSIONAL FINDINGS.—The Congress finds

12 that—

13 (1) the Civil War Sites Advisory Commission,

14 which was created by the Congress in 1991, deter15 mined that 38 sites in Tennessee pertaining to the

16 Civil War are significant;

17 (2) the document entitled ‘‘Preliminary Pro18 posal for a National Heritage Area on the Civil War

19 in Tennessee’’, published in March 1995 by the Cen20 ter for Historic Preservation, Middle Tennessee

21 State University, further documents important re22 sources pertaining to the Civil War in Tennessee;

23 and
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1 (3) the findings of these studies indicate that

2 some or all of this area may be suitable for designa3 tion as a National Heritage Area.

4 (b) DIRECTIONS TO SECRETARY.—The Secretary

5 shall assist potential partners in Tennessee in determining

6 whether some or all of the area in Tennessee determined

7 significant by the Civil War Sites Advisory Commission

8 or described in the document entitled ‘‘Preliminary Pro9 posal for a National Heritage Area on the Civil War in

10 Tennessee’’, published in March 1995 by the Center for

11 Historic Preservation, Middle Tennessee State University,

12 meets the criteria described in section 101 for designation

13 as a National Heritage Area. Such a determination shall

14 include, but need not be limited to—

15 (1) an assessment of the quality, integrity, and

16 accessibility of the identified resources;

17 (2) an assessment of the interest of, and impact

18 of possible designation upon, potential partners,

19 units of government, nonprofit organizations, and

20 other private entities, including private property

21 owners; including the extent to which public and pri22 vate entities and governments within the area have

23 demonstrated their support for the designation of

24 the area as a National Heritage Area;
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1 (3) an identification of a possible management

2 entity for the proposed National Heritage Area;

3 (4) a general description of the conceptual

4 framework for the proposed National Heritage Area;

5 and

6 (5) a refinement of the boundaries described in

7 such document, based on an assessment of public

8 support and of the cohesiveness of the resources, to

9 identify a cohesive assemblage of resources which

10 can be effectively managed by the management en11 tity for the Heritage Area.

12 (c) DESIGNATION.—If the determination described in

13 subsection (b) is completed before the expiration of the

14 2-year period beginning on the date of the enactment of

15 this Act, then upon publication within such 2-year period

16 by the Secretary in the Federal Register of notice that

17 the Secretary has signed (pursuant to section 103(c)(2))

18 a compact regarding the Heritage Area, there is hereby

19 designated the Tennessee Civil War National Heritage

20 Area (in this section referred to as the ‘‘Heritage Area’’).

21 (d) ADMINISTRATION.—The Heritage Area shall be

22 treated as part of the National Heritage Areas Partner23 ship Program and shall be treated for all purposes as hav24 ing been designated a National Heritage Area under title
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1 I on the date on which the Heritage Area is designated

2 under subsection (c).

3 SEC. 208. CACHE LA POUDRE NATIONAL HERITAGE AREA.

4 (a) DUTIES OF SECRETARY.—The Secretary shall as5 sist potential partners in Colorado in determining whether

6 the floodplain of the Cache La Poudre River, as described

7 in this section, is appropriate for designation as a National

8 Heritage Area. Such determination shall include, but not

9 be limited to—

10 (1) an assessment of the quality, integrity, and

11 accessibility of the identified resources;

12 (2) an assessment of the interest of, and impact

13 of possible designation upon, potential partners,

14 units of government, nonprofit organizations, and

15 other private entities, including private property

16 owners; including the extent to which public and pri17 vate entities and governments within the area have

18 demonstrated their support for the designation of

19 the area as a National Heritage Area;

20 (3) an identification of a possible management

21 entity for the proposed National Heritage Area; and

22 (4) a general description of the conceptual

23 framework for the proposed National Heritage Area.

24 (b) DESIGNATION.—If the determination described in

25 subsection (a) is completed before the expiration of the
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1 2-year period beginning on the date of the enactment of

2 this Act, then upon publication within such 2-year period

3 by the Secretary in the Federal Register of notice that

4 the Secretary has signed (pursuant to section 103(c)(2))

5 a compact regarding the Heritage Area, there is hereby

6 designated the Cache La Poudre National Heritage Area

7 (in this section referred to as the ‘‘Heritage Area’’).

8 (c) BOUNDARIES.—The boundaries of this Area shall

9 include those lands within the 100-year floodplain of the

10 Cache La Poudre River Basin, beginning at a point where

11 the Cache La Poudre River flows out of the Roosevelt Na12 tional Forest and continuing east along said floodplain to

a point 1 13 ⁄4 of 1 mile west of the confluence of the Cache

14 La Poudre River and the South Platte River in Weld

15 County, Colorado, comprising less than 35,000 acres, and

16 generally depicted as the 100-year flood boundary on any

17 of the following Federal Flood Insurance maps:

18 (1) Flood Insurance Rate Map, Larimer Coun19 ty, CO. Community-Panel No. 080101 0146B, April

20 2, 1979, U.S. Dept. of Housing and Urban Develop21 ment, Federal Insurance Administration.

22 (2) Flood Insurance Rate Map, Larimer Coun23 ty, CO. Community-Panel No. 080101 0147B, April

24 2, 1979, U.S. Dept. of Housing and Urban Develop25 ment, Federal Insurance Administration.
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1 (3) Flood Insurance Rate Map, Larimer Coun2 ty, CO. Community-Panel No. 080101 0162B, April

3 2, 1979, U.S. Dept. of Housing and Urban Develop4 ment, Federal Insurance Administration.

5 (4) Flood Insurance Rate Map, Larimer Coun6 ty, CO. Community-Panel No. 080101 0163B,

7 March 18, 1986, Federal Emergency Management

8 Agency, Federal Insurance Administration.

9 (5) Flood Insurance Rate Map, Larimer Coun10 ty, CO. Community-Panel No. 080101 0178B,

11 March 18, 1986, Federal Emergency Management

12 Agency, Federal Insurance Administration.

13 (6) Flood Insurance Rate Map, Larimer Coun14 ty, CO. Community-Panel No. 080102 0002B, Feb15 ruary 15, 1984, Federal Emergency Management

16 Agency, Federal Insurance Administration.

17 (7) Flood Insurance Rate Map, Larimer Coun18 ty, CO. Community-Panel No. 080101 0179B,

19 March 18, 1986, Federal Emergency Management

20 Agency, Federal Insurance Administration.

21 (8) Flood Insurance Rate Map, Larimer Coun22 ty, CO. Community-Panel No. 080101 0193D, No23 vember 17, 1993, Federal Emergency Management

24 Agency, Federal Insurance Administration.
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1 (9) Flood Insurance Rate Map, Larimer Coun2 ty, CO. Community-Panel No. 080101 0194B, No3 vember 17, 1993, Federal Emergency Management

4 Agency, Federal Insurance Administration.

5 (10) Flood Insurance Rate Map, Larimer Coun6 ty, CO. Community-Panel No. 080101 0208C, No7 vember 17, 1993, Federal Emergency Management

8 Agency, Federal Insurance Administration.

9 (11) Flood Insurance Rate Map, Larimer Coun10 ty, CO. Community-Panel No. 080101 0221C, No11 vember 17, 1993, Federal Emergency Management

12 Agency, Federal Insurance Administration.

13 (12) Flood Insurance Rate Map, Larimer Coun14 ty, CO. Community-Panel No. 080266 0605D, Sep15 tember 27, 1991, Federal Emergency Management

16 Agency, Federal Insurance Administration.

17 (13) Flood Insurance Rate Map, Larimer Coun18 ty, CO. Community-Panel No. 080264 0005A, Sep19 tember 27, 1991, Federal Emergency Management

20 Agency, Federal Insurance Administration.

21 (14) Flood Insurance Rate Map, Larimer Coun22 ty, CO. Community-Panel No. 080266 0608D, Sep23 tember 27, 1991, Federal Emergency Management

24 Agency, Federal Insurance Administration.
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1 (15) Flood Insurance Rate Map, Larimer Coun2 ty, CO. Community-Panel No. 080266 0609C, Sep3 tember 28, 1982, Federal Emergency Management

4 Agency, Federal Insurance Administration.

5 (16) Flood Insurance Rate Map, Larimer Coun6 ty, CO. Community-Panel No. 080266 0628C, Sep7 tember 28, 1992, Federal Emergency Management

8 Agency, Federal Insurance Administration.

9 (17) Flood Insurance Rate Map, Larimer Coun10 ty, CO. Community-Panel No. 080184 0002B, July

11 16, 1979, U.S. Dept. of Housing and Urban Devel12 opment, Federal Insurance Administration.

13 (18) Flood Insurance Rate Map, Larimer Coun14 ty, CO. Community-Panel No. 080266 0636C, Sep15 tember 28, 1982, Federal Emergency Management

16 Agency, Federal Insurance Administration.

17 (19) Flood Insurance Rate Map, Larimer Coun18 ty, CO. Community-Panel No. 080266 0637C, Sep19 tember 28, 1982, Federal Emergency Management

20 Agency, Federal Insurance Administration.

21 (d) PUBLIC ACCESS TO MAPS.—The maps referred

22 to in subsection (c) shall be on file and available for public

23 inspection in—
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1 (1) the offices of the Department of the Inte2 rior in Washington, District of Columbia, and Den3 ver, Colorado; and

4 (2) the appropriate offices of—

5 (A) the city of Fort Collins;

6 (B) Larimer County;

7 (C) the city of Greeley; and

8 (D) Weld County.

9 (e) ADMINISTRATION.—The Heritage Area shall be

10 treated as part of the National Heritage Areas Partner11 ship Program and shall be treated for all purposes as hav12 ing been designated a National Heritage Area under title

13 I on the date on which the Heritage Area is designated

14 under subsection (b).

15 TITLE III—STUDIES OF POTEN16 TIAL NATIONAL HERITAGE

17 AREAS

18 SEC. 301. STUDY OF PUENTE-CHINO HILLS NATIONAL HER19 ITAGE CORRIDOR.

20 (a) IN GENERAL.—Not later than 2 years after the

21 date on which funds are made available to carry out this

22 section, the Secretary shall complete a study on the suit23 ability and feasibility of designating the Puente-Chino

24 Hills as a National Heritage Area.
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1 (b) REPORT TO CONGRESS.—On completion of the

2 study referred to in subsection (a), the Secretary shall

3 submit a report describing the results of the study to the

4 Committee on Resources of the House of Representatives

5 and the Committee on Energy and Natural Resources of

6 the Senate.

7 SEC. 302. STUDY OF GREAT NORTHERN FRONTIER NA8 TIONAL HERITAGE AREA.

9 (a) IN GENERAL.—Not later than 2 years after the

10 date on which funds are made available to carry out this

11 section, the Secretary shall complete a study on the suit12 ability and feasibility of designating historic Tryon Coun13 ty, in the Mohawk Valley of the State of New York, and

14 the Country of the Six Nations (Iroquois Confederacy) as

15 a National Heritage Area. This study shall include a strat16 egy for protection and management of the Oriskany Bat17 tlefield National Historic Landmark.

18 (b) REPORT TO CONGRESS.—On completion of the

19 study referred to in subsection (a), the Secretary shall

20 submit a report describing the results of the study to the

21 Committee on Resources of the House of Representatives

22 and the Committee on Energy and Natural Resources of

23 the Senate.
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1 TITLE IV—AMENDMENTS TO EX2 ISTING HERITAGE COR3 RIDORS

4 SEC. 401. BLACKSTONE RIVER NATIONAL HERITAGE COR5 RIDOR.

6 (a) BOUNDARY CHANGES.—Section 2 of the Act enti7 tled ‘‘An Act to establish the Blackstone River Valley Na8 tional Heritage Corridor in Massachusetts and Rhode Is9 land’’, approved November 10, 1986 (Public Law 99–647;

10 16 U.S.C. 461 note), is amended by striking the first sen11 tence and inserting the following new sentence: ‘‘The

12 boundaries shall include the lands and water generally de13 picted on the map entitled ‘Blackstone River Valley Na14 tional Heritage Corridor Boundary Map’, numbered

15 BRV–80–80,011, and dated May 2, 1993.’’.

16 (b) TERMS.—Section 3(c) of the Act entitled ‘‘An Act

17 to establish the Blackstone River Valley National Heritage

18 Corridor in Massachusetts and Rhode Island’’, approved

19 November 10, 1986 (Public Law 99–647; 16 U.S.C. 461

20 note), is amended by inserting before the period at the

21 end the following: ‘‘, but may continue to serve after the

22 expiration of this term until a successor has been ap23 pointed’’.

24 (c) REVISION OF PLAN.—Section 6 of the Act enti25 tled ‘‘An Act to establish the Blackstone River Valley Na-
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1 tional Heritage Corridor in Massachusetts and Rhode Is2 land’’, approved November 10, 1986 (Public Law 99–647;

3 16 U.S.C. 461 note), is amended by adding at the end

4 the following new subsection:

5 ‘‘(d) REVISION OF PLAN.—(1) Not later than 1 year

6 after the date of the enactment of this subsection, the

7 Commission, with the approval of the Secretary, shall re8 vise the Cultural Heritage and Land Management Plan.

9 The revision shall address the boundary change made by

10 section 401(a) of the National Heritage Areas Act of 1995

11 and shall include a natural resource inventory of areas or

12 features that should be protected, restored, managed, or

13 acquired because of their contribution to the understand14 ing of national cultural landscape values.

15 ‘‘(2) The Secretary shall approve or disapprove the

16 revision required by paragraph (1) in accordance with sub17 section (b).’’

18 (d) EXTENSION OF COMMISSION.—Subsection (b) of

19 section 7 of the Act entitled ‘‘An Act to establish the

20 Blackstone River Valley National Heritage Corridor in

21 Massachusetts and Rhode Island’’, approved November

22 10, 1986 (Public Law 99–647; 16 U.S.C. 461 note), is

23 amended by striking ‘‘five years beginning on the day re24 ferred to in subsection (a)’’ and inserting ‘‘five years be25 ginning on the day of the expiration of the extension under
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1 section 118 of Public Law 102–154 (105 Stat. 1013; 16

2 U.S.C. 461 note)’’.

3 (e) LOCAL AUTHORITY.—Section 5 of the Act enti4 tled ‘‘An Act to establish the Blackstone River Valley Na5 tional Heritage Corridor in Massachusetts and Rhode Is6 land’’, approved November 10, 1986 (Public Law 99–647;

7 16 U.S.C. 461 note), is amended by adding at the end

8 the following new subsection:

9 ‘‘(j) LOCAL AUTHORITY AND PRIVATE PROPERTY

10 NOT AFFECTED.—No provision of this Act shall be con11 strued to affect or to authorize the Commission to inter12 fere with—

13 ‘‘(1) the rights of any person with respect to

14 private property; or

15 ‘‘(2) any local zoning ordinance or land use

16 plan of the Commonwealth of Massachusetts or any

17 political subdivision of the Commonwealth’’.

18 (f) AUTHORIZATION OF APPROPRIATIONS.—Section

19 10 of the Act entitled ‘‘An Act to establish the Blackstone

20 River Valley National Heritage Corridor in Massachusetts

21 and Rhode Island’’, approved November 10, 1986 (Public

22 Law 99–647; 16 U.S.C. 461 note) is amended by adding

23 at the end the following new subsection:

24 ‘‘(c) There is hereby authorized to be appropriated

25 after fiscal year 1995 not more than $5,000,000 (in addi-
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1 tion to any amounts appropriated under subsection (a) or

2 (b)) to carry out the purposes of this Act. Funds made

3 available pursuant to this subsection shall not exceed 50

4 percent of the total costs of the project or assistance to

5 be funded.’’.

6 SEC. 402. ILLINOIS AND MICHIGAN CANAL NATIONAL HER7 ITAGE CORRIDOR.

8 The Illinois and Michigan Canal National Heritage

9 Corridor Act of 1984 (Public Law 98–398; 16 U.S.C. 461

10 note) is amended by inserting after section 117 the follow11 ing new section:

12 ‘‘STUDY OF POSSIBLE ADDITIONS TO CORRIDOR

13 ‘‘SEC. 118. The Commission shall undertake a study

14 to determine whether the Joliet Army Ammunition Plant

15 and the Calumet-Sag and Chicago Sanitary and Ship Ca16 nals should be added to the corridor. The study shall spe17 cifically examine the relationship between the purposes of

18 this Act and the areas proposed for study and shall iden19 tify any specific resources which are related to the pur20 poses for which the corridor was established. The study

21 shall propose boundaries which provide for the inclusion

22 of any related resources within the corridor. The Commis23 sion shall submit the study to the Secretary and the appro24 priate congressional committees. Upon receipt of the

25 study, the Secretary shall determine which lands (if any)
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1 should be added to the corridor and shall so notify the

2 appropriate congressional committees.’’.

Æ