108TH CONGRESS

1ST SESSION H. R. 280

AN ACT

To establish certain National Heritage Areas, and

for other purposes.

108TH CONGRESS

1ST SESSION H. R. 280

AN ACT

To establish certain National Heritage Areas, 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,
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1 TITLE I—NATIONAL AVIATION

2 HERITAGE AREA

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘National Aviation

5 Heritage Area Act’’.

6 SEC. 102. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds the following:

8 (1) Few technological advances have trans9 formed the world or our Nation’s economy, society,

10 culture, and national character as the development

11 of powered flight.

12 (2) The industrial, cultural, and natural herit13 age legacies of the aviation and aerospace industry

14 in the State of Ohio are nationally significant.

15 (3) Dayton, Ohio, and other defined areas

16 where the development of the airplane and aerospace

17 technology established our Nation’s leadership in

18 both civil and military aeronautics and astronautics

19 set the foundation for the 20th Century to be an

20 American Century.

21 (4) Wright-Patterson Air Force Base in Day22 ton, Ohio, is the birthplace, the home, and an inte23 gral part of the future of aerospace.

24 (5) The economic strength of our Nation is con25 nected integrally to the vitality of the aviation and
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1 aerospace industry, which is responsible for an esti2 mated 11,200,000 American jobs.

3 (6) The industrial and cultural heritage of the

4 aviation and aerospace industry in the State of Ohio

5 includes the social history and living cultural tradi6 tions of several generations.

7 (7) The Department of the Interior is respon8 sible for protecting and interpreting the Nation’s

9 cultural and historic resources, and there are signifi10 cant examples of these resources within Ohio to

11 merit the involvement of the Federal Government to

12 develop programs and projects in cooperation with

13 the Aviation Heritage Foundation, Incorporated, the

14 State of Ohio, and other local and governmental en15 tities to adequately conserve, protect, and interpret

16 this heritage for the educational and recreational

17 benefit of this and future generations of Americans,

18 while providing opportunities for education and revi19 talization.

20 (8) Since the enactment of the Dayton Aviation

21 Heritage Preservation Act of 1992 (Public Law

22 102–419), partnerships among the Federal, State,

23 and local governments and the private sector have

24 greatly assisted the development and preservation of

25 the historic aviation resources in the Miami Valley.
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1 (9) An aviation heritage area centered in

2 Southwest Ohio is a suitable and feasible manage3 ment option to increase collaboration, promote herit4 age tourism, and build on the established partner5 ships among Ohio’s historic aviation resources and

6 related sites.

7 (10) A critical level of collaboration among the

8 historic aviation resources in Southwest Ohio cannot

9 be achieved without a congressionally established na10 tional heritage area and the support of the National

11 Park Service and other Federal agencies which own

12 significant historic aviation-related sites in Ohio.

13 (11) The Aviation Heritage Foundation, Incor14 porated, would be an appropriate management entity

15 to oversee the development of the National Aviation

16 Heritage Area.

17 (12) Five National Park Service and Dayton

18 Aviation Heritage Commission studies and planning

19 documents: ‘‘Study of Alternatives: Dayton’s Avia20 tion Heritage’’, ‘‘Dayton Aviation Heritage National

21 Historical Park Suitability/Feasibility Study’’, ‘‘Day22 ton Aviation Heritage General Management Plan’’,

23 ‘‘Dayton Historic Resources Preservation and Devel24 opment Plan’’, and Heritage Area Concept Study,

25 demonstrated that sufficient historical resources
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1 exist to establish the National Aviation Heritage

2 Area.

3 (13) With the advent of the 100th anniversary

4 of the first powered flight in 2003, it is recognized

5 that the preservation of properties nationally signifi6 cant in the history of aviation is an important goal

7 for the future education of Americans.

8 (14) Local governments, the State of Ohio, and

9 private sector interests have embraced the heritage

10 area concept and desire to enter into a partnership

11 with the Federal government to preserve, protect,

12 and develop the Heritage Area for public benefit.

13 (15) The National Aviation Heritage Area

14 would complement and enhance the aviation-related

15 resources within the National Park Service, espe16 cially the Dayton Aviation Heritage National Histor17 ical Park, Ohio.

18 (b) PURPOSE.—The purpose of this title is to estab19 lish the Heritage Area to—

20 (1) encourage and facilitate collaboration

21 among the facilities, sites, organizations, govern22 mental entities, and educational institutions within

23 the Heritage Area to promote heritage tourism and

24 to develop educational and cultural programs for the

25 public;
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1 (2) preserve and interpret for the educational

2 and inspirational benefit of present and future gen3 erations the unique and significant contributions to

4 our national heritage of certain historic and cultural

5 lands, structures, facilities, and sites within the Na6 tional Aviation Heritage Area;

7 (3) encourage within the National Aviation

8 Heritage Area a broad range of economic opportuni9 ties enhancing the quality of life for present and fu10 ture generations;

11 (4) provide a management framework to assist

12 the State of Ohio, its political subdivisions, other

13 areas, and private organizations, or combinations

14 thereof, in preparing and implementing an inte15 grated Management Plan to conserve their aviation

16 heritage and in developing policies and programs

17 that will preserve, enhance, and interpret the cul18 tural, historical, natural, recreation, and scenic re19 sources of the Heritage Area; and

20 (5) authorize the Secretary to provide financial

21 and technical assistance to the State of Ohio, its po22 litical subdivisions, and private organizations, or

23 combinations thereof, in preparing and implementing

24 the private Management Plan.
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1 SEC. 103. DEFINITIONS.

2 For purposes of this title:

3 (1) BOARD.—The term ‘‘Board’’ means the

4 Board of Directors of the Foundation.

5 (2) FINANCIAL ASSISTANCE.—The term ‘‘finan6 cial assistance’’ means funds appropriated by Con7 gress and made available to the management entity

8 for the purpose of preparing and implementing the

9 Management Plan.

10 (3) HERITAGE AREA.—The term ‘‘Heritage

11 Area’’ means the National Aviation Heritage Area

12 established by section 104 to receive, distribute, and

13 account for Federal funds appropriated for the pur14 pose of this title.

15 (4) MANAGEMENT PLAN.—The term ‘‘Manage16 ment Plan’’ means the management plan for the

17 Heritage Area developed under section 106.

18 (5) MANAGEMENT ENTITY.—The term ‘‘man19 agement entity’’ means the Aviation Heritage Foun20 dation, Incorporated (a nonprofit corporation estab21 lished under the laws of the State of Ohio).

22 (6) PARTNER.—The term ‘‘partner’’ means a

23 Federal, State, or local governmental entity, organi24 zation, private industry, educational institution, or

25 individual involved in promoting the conservation
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1 and preservation of the cultural and natural re2 sources of the Heritage Area.

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

4 the Secretary of the Interior.

5 (8) TECHNICAL ASSISTANCE.—The term ‘‘tech6 nical assistance’’ means any guidance, advice, help,

7 or aid, other than financial assistance, provided by

8 the Secretary.

9 SEC. 104. NATIONAL AVIATION HERITAGE AREA.

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

11 States of Ohio and Indiana, the National Aviation Herit12 age Area.

13 (b) BOUNDARIES.—The Heritage Area shall include

14 the following:

15 (1) A core area consisting of resources in Mont16 gomery, Greene, Warren, Miami, Clark, Champaign,

17 Shelby, and Auglaize Counties in Ohio.

18 (2) The Neil Armstrong Air & Space Museum,

19 Wapakoneta, Ohio.

20 (3) Sites, buildings, and districts within the

21 core area recommended by the Management Plan.

22 (c) MAP.—A map of the Heritage Area shall be in23 cluded in the Management Plan. The map shall be on file

24 in the appropriate offices of the National Park Service,

25 Department of the Interior.
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1 (d) MANAGEMENT ENTITY.—The management entity

2 for the Heritage Area shall be the Aviation Heritage

3 Foundation.

4 SEC. 105. AUTHORITIES AND DUTIES OF THE MANAGEMENT

5 ENTITY.

6 (a) AUTHORITIES.—For purposes of implementing

7 the Management Plan, the management entity may use

8 Federal funds made available through this title to—

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

10 agreements with, the State of Ohio and political sub11 divisions of that State, private organizations, or any

12 person;

13 (2) hire and compensate staff; and

14 (3) enter into contracts for goods and services.

15 (b) DUTIES.—The management entity shall—

16 (1) develop and submit to the Secretary for ap17 proval the proposed Management Plan in accordance

18 with section 106;

19 (2) give priority to implementing actions set

20 forth in the Management Plan, including taking

21 steps to assist units of government and nonprofit or22 ganizations in preserving resources within the Herit23 age Area;

24 (3) consider the interests of diverse govern25 mental, business, and nonprofit groups within the
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1 Heritage Area in developing and implementing the

2 Management Plan;

3 (4) maintain a collaboration among the part4 ners to promote heritage tourism and to assist part5 ners to develop educational and cultural programs

6 for the public;

7 (5) encourage economic viability in the Heritage

8 Area consistent with the goals of the Management

9 Plan;

10 (6) assist units of government and nonprofit or11 ganizations in—

12 (A) establishing and maintaining interpre13 tive exhibits in the Heritage Area;

14 (B) developing recreational resources in

15 the Heritage Area;

16 (C) increasing public awareness of and ap17 preciation for the historical, natural, and archi18 tectural resources and sites in the Heritage

19 Area; and

20 (D) restoring historic buildings that relate

21 to the purposes of the Heritage Area;

22 (7) conduct public meetings at least quarterly

23 regarding the implementation of the Management

24 Plan;
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1 (8) submit substantial amendments to the Man2 agement Plan to the Secretary for the approval of

3 the Secretary; and

4 (9) for any year in which Federal funds have

5 been received under this title—

6 (A) submit an annual report to the Sec7 retary that sets forth the accomplishments of

8 the management entity and its expenses and in9 come;

10 (B) make available to the Secretary for

11 audit all records relating to the expenditure of

12 such funds and any matching funds; and

13 (C) require, with respect to all agreements

14 authorizing expenditure of Federal funds by

15 other organizations, that the receiving organiza16 tions make available to the Secretary for audit

17 all records concerning the expenditure of such

18 funds.

19 (c) USE OF FEDERAL FUNDS.—

20 (1) IN GENERAL.—The management entity

21 shall not use Federal funds received under this title

22 to acquire real property or an interest in real prop23 erty.
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1 (2) OTHER SOURCES.—Nothing in this title

2 precludes the management entity from using Federal

3 funds from other sources for authorized purposes.

4 SEC. 106. MANAGEMENT PLAN.

5 (a) PREPARATION OF PLAN.—Not later than 3 years

6 after the date of the enactment of this title, the manage7 ment entity shall submit to the Secretary for approval a

8 proposed Management Plan that shall take into consider9 ation State and local plans and involve residents, public

10 agencies, and private organizations in the Heritage Area.

11 (b) CONTENTS.—The Management Plan shall incor12 porate an integrated and cooperative approach for the pro13 tection, enhancement, and interpretation of the natural,

14 cultural, historic, scenic, and recreational resources of the

15 Heritage Area and shall include the following:

16 (1) An inventory of the resources contained in

17 the core area of the Heritage Area, including the

18 Dayton Aviation Heritage Historical Park, the sites,

19 buildings, and districts listed in section 202 of the

20 Dayton Aviation Heritage Preservation Act of 1992

21 (Public Law 102–419), and any other property in

22 the Heritage Area that is related to the themes of

23 the Heritage Area and that should be preserved, re24 stored, managed, or maintained because of its sig25 nificance.
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1 (2) An assessment of cultural landscapes within

2 the Heritage Area.

3 (3) Provisions for the protection, interpretation,

4 and enjoyment of the resources of the Heritage Area

5 consistent with the purposes of this title.

6 (4) An interpretation plan for the Heritage

7 Area.

8 (5) A program for implementation of the Man9 agement Plan by the management entity, including

10 the following:

11 (A) Facilitating ongoing collaboration

12 among the partners to promote heritage tour13 ism and to develop educational and cultural

14 programs for the public.

15 (B) Assisting partners planning for res16 toration and construction.

17 (C) Specific commitments of the partners

18 for the first 5 years of operation.

19 (6) The identification of sources of funding for

20 implementing the plan.

21 (7) A description and evaluation of the manage22 ment entity, including its membership and organiza23 tional structure.

24 (c) DISQUALIFICATION FROM FUNDING.—If a pro25 posed Management Plan is not submitted to the Secretary
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1 within 3 years of the date of the enactment of this title,

2 the management entity shall be ineligible to receive addi3 tional funding under this title until the date on which the

4 Secretary receives the proposed Management Plan.

5 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

6 PLAN.—The Secretary, in consultation with the State of

7 Ohio, shall approve or disapprove the proposed Manage8 ment Plan submitted under this title not later than 90

9 days after receiving such proposed Management Plan.

10 (e) ACTION FOLLOWING DISAPPROVAL.—If the Sec11 retary disapproves a proposed Management Plan, the Sec12 retary shall advise the management entity in writing of

13 the reasons for the disapproval and shall make rec14 ommendations for revisions to the proposed Management

15 Plan. The Secretary shall approve or disapprove a pro16 posed revision within 90 days after the date it is sub17 mitted.

18 (f) APPROVAL OF AMENDMENTS.—The Secretary

19 shall review and approve substantial amendments to the

20 Management Plan. Funds appropriated under this title

21 may not be expended to implement any changes made by

22 such amendment until the Secretary approves the amend23 ment.
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1 SEC. 107. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER

2 FEDERAL AGENCIES.

3 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon

4 the request of the management entity, the Secretary may

5 provide technical assistance, on a reimbursable or non6 reimbursable basis, and financial assistance to the Herit7 age Area to develop and implement the management plan.

8 The Secretary is authorized to enter into cooperative

9 agreements with the management entity and other public

10 or private entities for this purpose. In assisting the Herit11 age Area, the Secretary shall give priority to actions that

12 in general assist in—

13 (1) conserving the significant natural, historic,

14 cultural, and scenic resources of the Heritage Area;

15 and

16 (2) providing educational, interpretive, and rec17 reational opportunities consistent with the purposes

18 of the Heritage Area.

19 (b) DUTIES OF OTHER FEDERAL AGENCIES.—Any

20 Federal agency conducting or supporting activities directly

21 affecting the Heritage Area shall—

22 (1) consult with the Secretary and the manage23 ment entity with respect to such activities;

24 (2) cooperate with the Secretary and the man25 agement entity in carrying out their duties under

26 this title;
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1 (3) to the maximum extent practicable, coordi2 nate such activities with the carrying out of such du3 ties; and

4 (4) to the maximum extent practicable, conduct

5 or support such activities in a manner which the

6 management entity determines will not have an ad7 verse effect on the Heritage Area.

8 SEC. 108. COORDINATION BETWEEN THE SECRETARY AND

9 THE SECRETARY OF DEFENSE AND THE AD10 MINISTRATOR OF NASA.

11 The decisions concerning the execution of this title

12 as it applies to properties under the control of the Sec13 retary of Defense and the Administrator of the National

14 Aeronautics and Space Administration shall be made by

15 such Secretary or such Administrator, in consultation with

16 the Secretary of the Interior.

17 SEC. 109. REQUIREMENTS FOR INCLUSION OF PRIVATE

18 PROPERTY.

19 (a) NOTIFICATION AND CONSENT OF PROPERTY

20 OWNERS REQUIRED.—No privately owned property shall

21 be preserved, conserved, or promoted by the management

22 plan for the Heritage Area until the owner of that private

23 property has been notified in writing by the management

24 entity and has given written consent for such preservation,

25 conservation, or promotion to the management entity.
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1 (b) LANDOWNER WITHDRAW.—Any owner of private

2 property included within the boundary of the Heritage

3 Area shall have their property immediately removed from

4 the boundary by submitting a written request to the man5 agement entity.

6 SEC. 110. PRIVATE PROPERTY PROTECTION.

7 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in

8 this title shall be construed to—

9 (1) require any private property owner to allow

10 public access (including Federal, State, or local gov11 ernment access) to such private property; or

12 (2) modify any provision of Federal, State, or

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

14 private property.

15 (b) LIABILITY.—Designation of the Heritage Area

16 shall not be considered to create any liability, or to have

17 any effect on any liability under any other law, of any pri18 vate property owner with respect to any persons injured

19 on such private property.

20 (c) RECOGNITION OF AUTHORITY TO CONTROL

21 LAND USE.—Nothing in this title shall be construed to

22 modify the authority of Federal, State, or local govern23 ments to regulate land use.

24 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

25 IN HERITAGE AREA.—Nothing in this title shall be con-
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1 strued to require the owner of any private property located

2 within the boundaries of the Heritage Area to participate

3 in or be associated with the Heritage Area.

4 (e) EFFECT OF ESTABLISHMENT.—The boundaries

5 designated for the Heritage Area represent the area within

6 which Federal funds appropriated for the purpose of this

7 title may be expended. The establishment of the Heritage

8 Area and its boundaries shall not be construed to provide

9 any nonexisting regulatory authority on land use within

10 the Heritage Area or its viewshed by the Secretary, the

11 National Park Service, or the management entity.

12 SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

13 (a) IN GENERAL.—To carry out this title there is au14 thorized to be appropriated $10,000,000, except that not

15 more than $1,000,000 may be appropriated to carry out

16 this title for any fiscal year.

17 (b) FIFTY PERCENT MATCH.—The Federal share of

18 the cost of activities carried out using any assistance or

19 grant under this title shall not exceed 50 percent.

20 SEC. 112. SUNSET PROVISION.

21 The authority of the Secretary to provide assistance

22 under this title terminates on the date that is 15 years

23 after the date that funds are first made available for this

24 title.
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1 TITLE II—WRIGHT COMPANY

2 FACTORY STUDY

3 SEC. 201. STUDY AND REPORT.

4 (a) STUDY.—

5 (1) IN GENERAL.—The Secretary shall conduct

6 a special resource study updating the study required

7 under section 104 of the Dayton Aviation Heritage

8 Preservation Act of 1992 (Public Law 102–419) and

9 detailing alternatives for incorporating the Wright

10 Company factory as a unit of Dayton Aviation Her11 itage National Historical Park.

12 (2) CONTENTS.—The study shall include an

13 analysis of alternatives for including the Wright

14 Company factory as a unit of Dayton Aviation Her15 itage National Historical Park that detail manage16 ment and development options and costs.

17 (3) CONSULTATION.—In conducting the study,

18 the Secretary shall consult with the Delphi Corpora19 tion, the Aviation Heritage Foundation, State and

20 local agencies, and other interested parties in the

21 area.

22 (b) REPORT.—Not later than 3 years after funds are

23 first made available for this section, the Secretary shall

24 submit to the Committee on Resources of the House of

25 Representatives and the Committee on Energy and Nat-
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1 ural Resources of the Senate a report describing the re2 sults of the study conducted under this section.

3 TITLE III—STEEL INDUSTRY

4 NATIONAL HISTORIC SITE

5 SEC. 301. SHORT TITLE.

6 This title may be cited as the ‘‘Steel Industry Na7 tional Historic Site Act’’.

8 SEC. 302. FINDINGS AND PURPOSES.

9 (a) FINDINGS.—The Congress finds the following:

10 (1) Certain sites and structures in the Com11 monwealth of Pennsylvania symbolize in physical

12 form the heritage of the steel industry of the United

13 States.

14 (2) Certain buildings and other structures in

15 the Commonwealth of Pennsylvania are nationally

16 significant historical resources, including the United

17 States Steel Homestead Works, the Carrie Furnace

18 complex, and the Hot Metal Bridge.

19 (3) Despite substantial efforts for cultural pres20 ervation and historical interpretation by the Com21 monwealth of Pennsylvania and by individuals and

22 public and private entities in the Commonwealth,

23 these buildings and other structures may be lost

24 without the assistance of the Federal Government.
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1 (b) PURPOSES.—The purposes of this title are to en2 sure the preservation, interpretation, visitor enjoyment,

3 and maintenance of the nationally significant historical

4 and cultural sites and structures described in subsection

5 (a) for the benefit and inspiration of present and future

6 generations.

7 SEC. 303. STEEL INDUSTRY NATIONAL HISTORIC SITE,

8 PENNSYLVANIA.

9 (a) ESTABLISHMENT.—The Steel Industry National

10 Historic Site is hereby established as a unit of the Na11 tional Park System in the Commonwealth of Pennsyl12 vania.

13 (b) DESCRIPTION.—

14 (1) INCLUSION OF CERTAIN PROPERTY.—Sub15 ject to paragraph (2), the historic site shall consist

16 of the following properties, each of which relate to

17 the former United States Steel Homestead Works,

18 as depicted on the map entitled ‘‘Steel Industry Na19 tional Historic Site’’, dated November 2003, and

20 numbered 80,000:

21 (A) The historic location of the Battle of

22 Homestead site in the borough of Munhall,

23 Pennsylvania, consisting of approximately 3

24 acres of land, including the pumphouse and

25 water tower and related structures, within the
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1 property bounded by the Monongahela River,

2 the CSX railroad, Waterfront Drive, and the

3 Damascus-Marcegaglia Steel Mill.

4 (B) The historic location of the Carrie

5 Furnace complex in the boroughs of Swissvale

6 and Rankin, Pennsylvania, consisting of ap7 proximately 35 acres of land, including blast

8 furnaces 6 and 7, the ore yard, the cast house,

9 the blowing engine house, the AC power house,

10 and related structures, within the property

11 bounded by the proposed southwesterly right-of12 way line needed to accommodate the Mon/Fay13 ette Expressway and the relocated CSX railroad

14 right-of-way, the Monongahela River, and a

15 property line drawn northeast to southwest ap16 proximately 100 yards east of the AC power

17 house.

18 (C) The historic location of the Hot Metal

19 Bridge, consisting of the Union railroad bridge

20 and its approaches, spanning the Monongahela

21 River and connecting the mill sites in the bor22 oughs of Rankin and Munhall, Pennsylvania.

23 (2) AVAILABILITY OF MAP.—The map referred

24 to in paragraph (1) shall be available for public in-
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1 spection in an appropriate office of the National

2 Park Service.

3 (c) ACQUISITION OF PROPERTY.— To further the

4 purposes of this section, the Secretary of the Interior may

5 acquire, only by donation, property for inclusion in the his6 toric site as follows:

7 (1) Any land or interest in land with respect to

8 the property identified in subsection (b)(1).

9 (2) Up to 10 acres of land adjacent to or in the

10 general proximity of the property identified in such

11 subsection, for the development of visitor, adminis12 trative, museum, curatorial, and maintenance facili13 ties.

14 (3) Personal property associated with, and ap15 propriate for, the interpretation of the historic site.

16 (d) PRIVATE PROPERTY PROTECTIONS.—Nothing in

17 this title shall be construed—

18 (1) to require any private property owner to

19 permit public access (including Federal, State, or

20 local government access) to the private property; or

21 (2) to modify any provision of Federal, State,

22 or local law with regard to public access to or use

23 of private property.

24 (e) ADMINISTRATION.—The Secretary of the Interior

25 shall administer the historic site in accordance with this
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1 title and the provisions of law generally applicable to units

2 of the National Park System, including the Act of August

3 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August

4 21, 1935 (16 U.S.C. 461 et seq.).

5 (f) COOPERATIVE AGREEMENTS.—

6 (1) IN GENERAL.—Until such time as the Sec7 retary of the Interior has acquired the property

8 identified in subsection (b)(1), as depicted on the

9 map referred to in such subsection, the Secretary

10 may enter into a cooperative agreement with any in11 terested individual, public or private agency, organi12 zation, or institution to further the purposes of the

13 historic site.

14 (2) CONTRARY PURPOSES.—Any payment made

15 by the Secretary pursuant to a cooperative agree16 ment under this subsection shall be subject to an

17 agreement that conversion, use, or disposal of the

18 project so assisted for purposes contrary to the pur19 pose of the historic site, as determined by the Sec20 retary, shall result in a right of the United States

21 to reimbursement of all funds made available to such

22 a project or the proportion of the increased value of

23 the project attributable to such funds as determined

24 at the time of such conversion, use, or disposal,

25 whichever is greater.
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1 (g) TECHNICAL ASSISTANCE.—The Secretary of the

2 Interior may provide technical assistance to any person

3 for—

4 (1) the preservation of historic structures with5 in the historic site; and

6 (2) the maintenance of the natural and cultural

7 landscape of the historic site.

8 (h) GENERAL MANAGEMENT PLAN.—

9 (1) PREPARATION.—Not later than three years

10 after the date on which funds are first made avail11 able to carry out this title, the Secretary of the Inte12 rior shall prepare a general management plan for

13 the historic site that will incorporate or otherwise

14 address substantive comments made during the con15 sultation required by paragraph (2).

16 (2) CONSULTATION.—The Secretary shall pre17 pare the general management plan in consultation

18 with—

19 (A) an appropriate official of each appro20 priate political subdivision of the Common21 wealth of Pennsylvania that has jurisdiction

22 over all or a portion of the lands included in the

23 historic site;

24 (B) an appropriate official of the Steel In25 dustry Heritage Corporation; and
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1 (C) private property owners in the vicinity

2 of the historic site.

3 (3) SUBMISSION OF PLAN TO CONGRESS.—

4 Upon the completion of the general management

5 plan, the Secretary shall submit a copy of the plan

6 to the Committee on Energy and Natural Resources

7 of the Senate and the Committee on Resources of

8 the House of Representatives.

9 SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

10 There is authorized to be appropriated for the pur11 poses of this title not more than $40,000,000.

12 TITLE IV—ST. CROIX NATIONAL

13 HERITAGE AREA STUDY

14 SEC. 401. ST. CROIX NATIONAL HERITAGE AREA STUDY.

15 (a) SHORT TITLE.—This section may be cited as the

16 ‘‘St. Croix National Heritage Area Study Act’’.

17 (b) STUDY.—The Secretary of the Interior, in con18 sultation with appropriate State historic preservation offi19 cers, States historical societies, and other appropriate or20 ganizations, shall conduct a study regarding the suitability

21 and feasibility of designating the island of St. Croix as

22 the St. Croix National Heritage Area. The study shall in23 clude analysis, documentation, and determination regard24 ing whether the island of St. Croix—
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1 (1) has an assemblage of natural, historic, and

2 cultural resources that together represent distinctive

3 aspects of American heritage worthy of recognition,

4 conservation, interpretation, and continuing use, and

5 are best managed through partnerships among pub6 lic and private entities and by combining diverse and

7 sometimes noncontiguous resources and active com8 munities;

9 (2) provides outstanding opportunities to con10 serve natural, historic, cultural, or scenic features;

11 (3) provides outstanding recreational and edu12 cational opportunities;

13 (4) contains resources important to the identi14 fied theme or themes of the island of St. Croix that

15 retain a degree of integrity capable of supporting in16 terpretation;

17 (5) includes residents, business interests, non18 profit organizations, and local and State govern19 ments that are involved in the planning, have devel20 oped a conceptual financial plan that outlines the

21 roles of all participants (including the Federal Gov22 ernment), and have demonstrated support for the

23 concept of a national heritage area;

24 (6) has a potential management entity to work

25 in partnership with residents, business interests,
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1 nonprofit organizations, and local and State govern2 ments to develop a national heritage area consistent

3 with continued local and State economic activity;

4 and

5 (7) has a conceptual boundary map that is sup6 ported by the public.

7 (c) PRIVATE PROPERTY.—In conducting the study

8 required by this section, the Secretary of the Interior shall

9 analyze the potential impact that designation of the area

10 as a national heritage area is likely to have on land within

11 the proposed area or bordering the proposed area that is

12 privately owned at the time that the study is conducted.

13 (d) REPORT.—Not later than 3 fiscal years after the

14 date on which funds are first made available for this sec15 tion, the Secretary of the Interior shall submit to the Com16 mittee on Resources of the House of Representatives and

17 the Committee on Energy and Natural Resources of the

18 Senate a report on the findings, conclusions, and rec19 ommendations as the Secretary deems appropriate.

20 TITLE V—ARABIA MOUNTAIN

21 NATIONAL HERITAGE AREA

22 SEC. 501. SHORT TITLE.

23 This title may be cited as the ‘‘Arabia Mountain Na24 tional Heritage Area Act’’.
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1 SEC. 502. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds the following:

3 (1) The Arabia Mountain area contains a vari4 ety of natural, cultural, historical, scenic, and rec5 reational resources that together represent distinc6 tive aspects of the heritage of the United States that

7 are worthy of recognition, conservation, interpreta8 tion, and continuing use.

9 (2) The best methods for managing the re10 sources of the Arabia Mountain area would be

11 through partnerships between public and private en12 tities that combine diverse resources and active com13 munities.

14 (3) Davidson-Arabia Mountain Nature Pre15 serve, a 535-acre park in DeKalb County, Georgia—

16 (A) protects granite outcrop ecosystems,

17 wetland, and pine and oak forests; and

18 (B) includes federally-protected plant spe19 cies.

20 (4) Panola Mountain, a national natural land21 mark, located in the 860-acre Panola Mountain

22 State Conservation Park, is a rare example of a

23 pristine granite outcrop.

24 (5) The archaeological site at Miners Creek

25 Preserve along the South River contains documented

26 evidence of early human activity.
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1 (6) The city of Lithonia, Georgia, and related

2 sites of Arabia Mountain and Stone Mountain pos3 sess sites that display the history of granite mining

4 as an industry and culture in Georgia, and the im5 pact of that industry on the United States.

6 (7) The community of Klondike is eligible for

7 designation as a National Historic District.

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

9 on the National Register of Historic Places.

10 (b) PURPOSES.—The purposes of this title are as fol11 lows:

12 (1) To recognize, preserve, promote, interpret,

13 and make available for the benefit of the public the

14 natural, cultural, historical, scenic, and recreational

15 resources in the area that includes Arabia Mountain,

16 Panola Mountain, Miners Creek, and other signifi17 cant sites and communities.

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

19 counties of DeKalb, Rockdale, and Henry in the

20 State in developing and implementing an integrated

21 cultural, historical, and land resource management

22 program to protect, enhance, and interpret the sig23 nificant resources within the heritage area.
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1 SEC. 503. DEFINITIONS.

2 For the purposes of this title, the following defini3 tions apply:

4 (1) HERITAGE AREA.—The term ‘‘heritage

5 area’’ means the Arabia Mountain National Heritage

6 Area established by section 504.

7 (2) MANAGEMENT ENTITY.—The term ‘‘man8 agement entity’’ means the Arabia Mountain Herit9 age Area Alliance or a successor of the Arabia

10 Mountain Heritage Area Alliance.

11 (3) MANAGEMENT PLAN.—The term ‘‘manage12 ment plan’’ means the management plan for the her13 itage area developed under section 506.

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

15 the Secretary of the Interior.

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

17 of Georgia.

18 SEC. 504. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

19 (a) ESTABLISHMENT.—There is established the Ara20 bia Mountain National Heritage Area in the State.

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

22 certain parcels of land in the counties of DeKalb,

23 Rockdale, and Henry in the State, as generally depicted

24 on the map entitled ‘‘Arabia Mountain National Heritage

25 Area’’, numbered AMNHA/80,000, and dated October,

26 2003.
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1 (c) AVAILABILITY OF MAP.—The map shall be on file

2 and available for public inspection in the appropriate of3 fices of the National Park Service.

4 (d) MANAGEMENT ENTITY.—The Arabia Mountain

5 Heritage Area Alliance shall be the management entity for

6 the heritage area.

7 SEC. 505. AUTHORITIES AND DUTIES OF THE MANAGEMENT

8 ENTITY.

9 (a) AUTHORITIES.—For purposes of developing and

10 implementing the management plan, the management en11 tity may—

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

13 agreements with, the State, political subdivisions of

14 the State, and private organizations;

15 (2) hire and compensate staff; and

16 (3) enter into contracts for goods and services.

17 (b) DUTIES.—

18 (1) MANAGEMENT PLAN.—

19 (A) IN GENERAL.—The management entity

20 shall develop and submit to the Secretary the

21 management plan.

22 (B) CONSIDERATIONS.—In developing and

23 implementing the management plan, the man24 agement entity shall consider the interests of
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1 diverse governmental, business, and nonprofit

2 groups within the heritage area.

3 (2) PRIORITIES.—The management entity shall

4 give priority to implementing actions described in

5 the management plan, including assisting units of

6 government and nonprofit organizations in pre7 serving resources within the heritage area.

8 (3) PUBLIC MEETINGS.—The management enti9 ty shall conduct public meetings at least quarterly

10 on the implementation of the management plan.

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

12 Federal funds have been made available under this

13 title, the management entity shall submit to the Sec14 retary an annual report that describes the following:

15 (A) The accomplishments of the manage16 ment entity.

17 (B) The expenses and income of the man18 agement entity.

19 (5) AUDIT.—The management entity shall—

20 (A) make available to the Secretary for

21 audit all records relating to the expenditure of

22 Federal funds and any matching funds; and

23 (B) require, with respect to all agreements

24 authorizing expenditure of Federal funds by

25 other organizations, that the receiving organiza-
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1 tions make available to the Secretary for audit

2 all records concerning the expenditure of those

3 funds.

4 (c) USE OF FEDERAL FUNDS.—

5 (1) IN GENERAL.—The management entity

6 shall not use Federal funds made available under

7 this title to acquire real property or an interest in

8 real property.

9 (2) OTHER SOURCES.—Nothing in this title

10 precludes the management entity from using Federal

11 funds made available under other Federal laws for

12 any purpose for which the funds are authorized to

13 be used.

14 SEC. 506. MANAGEMENT PLAN.

15 (a) IN GENERAL.—The management entity shall de16 velop a management plan for the heritage area that incor17 porates an integrated and cooperative approach to protect,

18 interpret, and enhance the natural, cultural, historical,

19 scenic, and recreational resources of the heritage area.

20 (b) BASIS.—The management plan shall be based on

21 the preferred concept in the document entitled ‘‘Arabia

22 Mountain National Heritage Area Feasibility Study’’,

23 dated February 28, 2001.

24 (c) CONSIDERATION OF OTHER PLANS AND AC25 TIONS.—The management plan shall—
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1 (1) take into consideration State and local

2 plans; and

3 (2) involve residents, public agencies, and pri4 vate organizations in the heritage area.

5 (d) REQUIREMENTS.—The management plan shall

6 include the following:

7 (1) An inventory of the resources in the herit8 age area, including—

9 (A) a list of property in the heritage area

10 that—

11 (i) relates to the purposes of the herit12 age area; and

13 (ii) should be preserved, restored,

14 managed, or maintained because of the sig15 nificance of the property; and

16 (B) an assessment of cultural landscapes

17 within the heritage area.

18 (2) Provisions for the protection, interpretation,

19 and enjoyment of the resources of the heritage area

20 consistent with the purposes of this title.

21 (3) An interpretation plan for the heritage area.

22 (4) A program for implementation of the man23 agement plan that includes—

24 (A) actions to be carried out by units of

25 government, private organizations, and public-
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1 private partnerships to protect the resources of

2 the heritage area; and

3 (B) the identification of existing and po4 tential sources of funding for implementing the

5 plan.

6 (5) A description and evaluation of the manage7 ment entity, including the membership and organiza8 tional structure of the management entity.

9 (e) SUBMISSION TO SECRETARY FOR APPROVAL.—

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

11 the date of the enactment of this Act, the manage12 ment entity shall submit the management plan to

13 the Secretary for approval.

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

15 management plan is not submitted to the Secretary

16 by the date specified in paragraph (1), the Secretary

17 shall not provide any additional funding under this

18 title until such date as a management plan for the

19 heritage area is submitted to the Secretary.

20 (f) APPROVAL AND DISAPPROVAL OF MANAGEMENT

21 PLAN.—

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

23 receiving the management plan submitted under

24 subsection (e), the Secretary, in consultation with
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1 the State, shall approve or disapprove the manage2 ment plan.

3 (2) ACTION FOLLOWING DISAPPROVAL.—

4 (A) REVISION.—If the Secretary dis5 approves a management plan submitted under

6 paragraph (1), the Secretary shall—

7 (i) advise the management entity in

8 writing of the reasons for the disapproval;

9 (ii) make recommendations for revi10 sions to the management plan; and

11 (iii) allow the management entity to

12 submit to the Secretary revisions to the

13 management plan.

14 (B) DEADLINE FOR APPROVAL OF REVI15 SION.—Not later than 90 days after the date on

16 which a revision is submitted under subpara17 graph (A)(iii), the Secretary shall approve or

18 disapprove the revision.

19 (g) REVISION OF MANAGEMENT PLAN.—

20 (1) IN GENERAL.—After approval by the Sec21 retary of a management plan, the management enti22 ty shall periodically—

23 (A) review the management plan; and

24 (B) submit to the Secretary, for review

25 and approval by the Secretary, the rec-
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1 ommendations of the management entity for

2 any revisions to the management plan that the

3 management entity considers to be appropriate.

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

5 available under this title shall be used to implement

6 any revision proposed by the management entity

7 under paragraph (1)(B) until the Secretary approves

8 the revision.

9 SEC. 507. TECHNICAL AND FINANCIAL ASSISTANCE.

10 (a) IN GENERAL.—At the request of the management

11 entity, the Secretary may provide technical and financial

12 assistance to the heritage area to develop and implement

13 the management plan.

14 (b) PRIORITY.—In providing assistance under sub15 section (a), the Secretary shall give priority to actions that

16 facilitate—

17 (1) the conservation of the significant natural,

18 cultural, historical, scenic, and recreational resources

19 that support the purposes of the heritage area; and

20 (2) the provision of educational, interpretive,

21 and recreational opportunities that are consistent

22 with the resources and associated values of the herit23 age area.
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1 SEC. 508. EFFECT ON CERTAIN AUTHORITY.

2 (a) OCCUPATIONAL, SAFETY, CONSERVATION, AND

3 ENVIRONMENTAL REGULATION.—Nothing in this title—

4 (1) imposes an occupational, safety, conserva5 tion, or environmental regulation on the heritage

6 area that is more stringent than the regulations that

7 would be applicable to the land described in section

8 504(b) but for the establishment of the heritage area

9 by section 504; or

10 (2) authorizes a Federal agency to promulgate

11 an occupational, safety, conservation, or environ12 mental regulation for the heritage area that is more

13 stringent than the regulations applicable to the land

14 described in section 504(b) as of the date of enact15 ment of this Act, solely as a result of the establish16 ment of the heritage area by section 504.

17 (b) LAND USE REGULATION.—Nothing in this title—

18 (1) modifies, enlarges, or diminishes any au19 thority of the Federal Government or a State or

20 local government to regulate any use of land as pro21 vided for by law (including regulations) in existence

22 on the date of enactment of this Act; or

23 (2) grants powers of zoning or land use to the

24 management entity.
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1 SEC. 509. REQUIREMENTS FOR INCLUSION OF PRIVATE

2 PROPERTY.

3 (a) NOTIFICATION AND CONSENT OF PROPERTY

4 OWNERS REQUIRED.—No privately owned property shall

5 be preserved, conserved, or promoted by the management

6 plan for the Heritage Area until the owner of that private

7 property has been notified in writing by the management

8 entity and has given written consent for such preservation,

9 conservation, or promotion to the management entity.

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

11 property included within the boundary of the Heritage

12 Area shall have their property immediately removed from

13 the boundary by submitting a written request to the man14 agement entity.

15 SEC. 510. PRIVATE PROPERTY PROTECTION.

16 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in

17 this title shall be construed to—

18 (1) require any private property owner to allow

19 public access (including Federal, State, or local gov20 ernment access) to such private property; or

21 (2) modify any provision of Federal, State, or

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

23 private property.

24 (b) LIABILITY.—Designation of the Heritage Area

25 shall not be considered to create any liability, or to have

26 any effect on any liability under any other law, of any pri-
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1 vate property owner with respect to any persons injured

2 on such private property.

3 (c) RECOGNITION OF AUTHORITY TO CONTROL

4 LAND USE.—Nothing in this title shall be construed to

5 modify the authority of Federal, State, or local govern6 ments to regulate land use.

7 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

8 IN HERITAGE AREA.—Nothing in this title shall be con9 strued to require the owner of any private property located

10 within the boundaries of the Heritage Area to participate

11 in or be associated with the Heritage Area.

12 (e) EFFECT OF ESTABLISHMENT.—The boundaries

13 designated for the Heritage Area represent the area within

14 which Federal funds appropriated for the purpose of this

15 title may be expended. The establishment of the Heritage

16 Area and its boundaries shall not be construed to provide

17 any nonexisting regulatory authority on land use within

18 the Heritage Area or its viewshed by the Secretary, the

19 National Park Service, or the management entity.

20 SEC. 511. AUTHORIZATION OF APPROPRIATIONS.

21 (a) IN GENERAL.—There is authorized to be appro22 priated to carry out this title $10,000,000, to remain

23 available until expended, of which not more than

24 $1,000,000 may be used in any fiscal year.
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1 (b) FEDERAL SHARE.—The Federal share of the cost

2 of any project or activity carried out using funds made

3 available under this title shall not exceed 50 percent.

4 SEC. 512. TERMINATION OF AUTHORITY.

5 The authority of the Secretary to make any grant or

6 provide any assistance under this title shall terminate on

7 September 30, 2016.

8 TITLE VI—UPPER HOUSATONIC

9 VALLEY NATIONAL HERITAGE

10 AREA

11 SEC. 601. SHORT TITLE.

12 This title may be cited as the ‘‘Upper Housatonic

13 Valley National Heritage Area Act’’.

14 SEC. 602. FINDINGS AND PURPOSES.

15 (a) FINDINGS.—Congress finds the following:

16 (1) The upper Housatonic Valley, encompassing

17 29 towns in the hilly terrain of western Massachu18 setts and northwestern Connecticut, is a singular

19 geographical and cultural region that has made sig20 nificant national contributions through its literary,

21 artistic, musical, and architectural achievements, its

22 iron, paper, and electrical equipment industries, and

23 its scenic beautification and environmental conserva24 tion efforts.
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1 (2) The upper Housatonic Valley has 139 prop2 erties and historic districts listed on the National

3 Register of Historic Places including—

4 (A) five National Historic Landmarks—

5 (i) Edith Wharton’s home, The

6 Mount, Lenox, Massachusetts;

7 (ii) Herman Melville’s home, Arrow8 head, Pittsfield, Massachusetts;

9 (iii) W.E.B. DuBois’ Boyhood Home10 site, Great Barrington, Massachusetts;

11 (iv) Mission House, Stockbridge, Mas12 sachusetts; and

13 (v) Crane and Company Old Stone

14 Mill Rag Room, Dalton, Massachusetts;

15 and

16 (B) four National Natural Landmarks—

17 (i) Bartholomew’s Cobble, Sheffield,

18 Massachusetts, and Salisbury, Connecticut;

19 (ii) Beckley Bog, Norfolk, Con20 necticut;

21 (iii) Bingham Bog, Salisbury, Con22 necticut; and

23 (iv) Cathedral Pines, Cornwall, Con24 necticut.
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1 (3) Writers, artists, musicians, and vacationers

2 have visited the region for more than 150 years to

3 enjoy its scenic wonders, making it one of the coun4 try’s leading cultural resorts.

5 (4) The upper Housatonic Valley has made sig6 nificant national cultural contributions through such

7 writers as Herman Melville, Nathaniel Hawthorne,

8 Edith Wharton, and W.E.B. DuBois, artists Daniel

9 Chester French and Norman Rockwell, and the per10 forming arts centers of Tanglewood, Music Moun11 tain, Norfolk (Connecticut) Chamber Music Festival,

12 Jacob’s Pillow, and Shakespeare & Company.

13 (5) The upper Housatonic Valley is noted for

14 its pioneering achievements in the iron, paper, and

15 electrical generation industries and has cultural re16 sources to interpret those industries.

17 (6) The region became a national leader in sce18 nic beautification and environmental conservation ef19 forts following the era of industrialization and defor20 estation and maintains a fabric of significant con21 servation areas including the meandering

22 Housatonic River.

23 (7) Important historical events related to the

24 American Revolution, Shays’ Rebellion, and early
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1 civil rights took place in the upper Housatonic Val2 ley.

3 (8) The region had an American Indian pres4 ence going back 10,000 years and Mohicans had a

5 formative role in contact with Europeans during the

6 seventeenth and eighteenth centuries.

7 (9) The Upper Housatonic Valley National

8 Heritage Area has been proposed in order to height9 en appreciation of the region, preserve its natural

10 and historical resources, and improve the quality of

11 life and economy of the area.

12 (b) PURPOSES.—The purposes of this title are as fol13 lows:

14 (1) To establish the Upper Housatonic Valley

15 National Heritage Area in the State of Connecticut

16 and the Commonwealth of Massachusetts.

17 (2) To implement the national heritage area al18 ternative as described in the document entitled

19 ‘‘Upper Housatonic Valley National Heritage Area

20 Feasibility Study, 2003’’.

21 (3) To provide a management framework to

22 foster a close working relationship with all levels of

23 government, the private sector, and the local com24 munities in the upper Housatonic Valley region to
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1 conserve the region’s heritage while continuing to

2 pursue compatible economic opportunities.

3 (4) To assist communities, organizations, and

4 citizens in the State of Connecticut and the Com5 monwealth of Massachusetts in identifying, pre6 serving, interpreting, and developing the historical,

7 cultural, scenic, and natural resources of the region

8 for the educational and inspirational benefit of cur9 rent and future generations.

10 SEC. 603. DEFINITIONS.

11 In this title:

12 (1) HERITAGE AREA.—The term ‘‘Heritage

13 Area’’ means the Upper Housatonic Valley National

14 Heritage Area, established in section 604.

15 (2) MANAGEMENT ENTITY.—The term ‘‘Man16 agement Entity’’ means the management entity for

17 the Heritage Area designated by section 604(d).

18 (3) MANAGEMENT PLAN.—The term ‘‘Manage19 ment Plan’’ means the management plan for the

20 Heritage Area specified in section 606.

21 (4) MAP.—The term ‘‘map’’ means the map en22 titled ‘‘Boundary Map Upper Housatonic Valley Na23 tional Heritage Area’’, numbered P17/80,000, and

24 dated February 2003.
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1 (5) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

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

4 of Connecticut and the Commonwealth of Massachu5 setts.

6 SEC. 604. UPPER HOUSATONIC VALLEY NATIONAL HERIT7 AGE AREA.

8 (a) ESTABLISHMENT.—There is established the

9 Upper Housatonic Valley National Heritage Area.

10 (b) BOUNDARIES.—The Heritage Area shall be com11 prised of—

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

13 which extends 60 miles from Lanesboro, Massachu14 setts to Kent, Connecticut;

15 (2) the towns of Canaan, Colebrook, Cornwall,

16 Kent, Norfolk, North Canaan, Salisbury, Sharon,

17 and Warren in Connecticut; and

18 (3) the towns of Alford, Becket, Dalton,

19 Egremont, Great Barrington, Hancock, Hinsdale,

20 Lanesboro, Lee, Lenox, Monterey, Mount Wash21 ington, New Marlboro, Pittsfield, Richmond, Shef22 field, Stockbridge, Tyringham, Washington, and

23 West Stockbridge in Massachusetts.

24 (c) AVAILABILITY OF MAP.—The map shall be on file

25 and available for public inspection in the appropriate of-
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1 fices of the National Park Service, Department of the In2 terior.

3 (d) MANAGEMENT ENTITY.—The Upper Housatonic

4 Valley National Heritage Area, Inc. shall be the manage5 ment entity for the Heritage Area.

6 SEC. 605. AUTHORITIES, PROHIBITIONS AND DUTIES OF

7 THE MANAGEMENT ENTITY.

8 (a) DUTIES OF THE MANAGEMENT ENTITY.—To fur9 ther the purposes of the Heritage Area, the management

10 entity shall—

11 (1) prepare and submit a management plan for

12 the Heritage Area to the Secretary in accordance

13 with section 606;

14 (2) assist units of local government, regional

15 planning organizations, and nonprofit organizations

16 in implementing the approved management plan

17 by—

18 (A) carrying out programs and projects

19 that recognize, protect and enhance important

20 resource values within the Heritage Area;

21 (B) establishing and maintaining interpre22 tive exhibits and programs within the Heritage

23 Area;

24 (C) developing recreational and educational

25 opportunities in the Heritage Area;
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1 (D) increasing public awareness of and ap2 preciation for natural, historical, scenic, and

3 cultural resources of the Heritage Area;

4 (E) protecting and restoring historic sites

5 and buildings in the Heritage Area that are

6 consistent with heritage area themes;

7 (F) ensuring that signs identifying points

8 of public access and sites of interest are posted

9 throughout the Heritage Area; and

10 (G) promoting a wide range of partner11 ships among governments, organizations and in12 dividuals to further the purposes of the Herit13 age Area;

14 (3) consider the interests of diverse units of

15 government, businesses, organizations and individ16 uals in the Heritage Area in the preparation and im17 plementation of the management plan;

18 (4) conduct meetings open to the public at least

19 semi-annually regarding the development and imple20 mentation of the management plan;

21 (5) submit an annual report to the Secretary

22 for any fiscal year in which the management entity

23 receives Federal funds under this title, setting forth

24 its accomplishments, expenses, and income, includ-
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1 ing grants to any other entities during the year for

2 which the report is made;

3 (6) make available for audit for any fiscal year

4 in which it receives Federal funds under this title,

5 all information pertaining to the expenditure of such

6 funds and any matching funds, and require in all

7 agreements authorizing expenditures of Federal

8 funds by other organizations, that the receiving or9 ganizations make available for such audit all records

10 and other information pertaining to the expenditure

11 of such funds; and

12 (7) encourage by appropriate means economic

13 development that is consistent with the purposes of

14 the Heritage Area.

15 (b) AUTHORITIES.—The management entity may, for

16 the purposes of preparing and implementing the manage17 ment plan for the Heritage Area, use Federal funds made

18 available through this title to—

19 (1) make grants to the State of Connecticut

20 and the Commonwealth of Massachusetts, their po21 litical subdivisions, nonprofit organizations and other

22 persons;

23 (2) enter into cooperative agreements with or

24 provide technical assistance to the State of Con25 necticut and the Commonwealth of Massachusetts,
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1 their subdivisions, nonprofit organizations, and other

2 interested parties;

3 (3) hire and compensate staff, which shall in4 clude individuals with expertise in natural, cultural,

5 and historical resources protection, and heritage pro6 gramming;

7 (4) obtain money or services from any source

8 including any that are provided under any other

9 Federal law or program;

10 (5) contract for goods or services; and

11 (6) undertake to be a catalyst for any other ac12 tivity that furthers the purposes of the Heritage

13 Area and is consistent with the approved manage14 ment plan.

15 (c) PROHIBITIONS ON THE ACQUISITION OF REAL

16 PROPERTY.—The management entity may not use Fed17 eral funds received under this title to acquire real prop18 erty, but may use any other source of funding, including

19 other Federal funding outside this authority, intended for

20 the acquisition of real property.

21 SEC. 606. MANAGEMENT PLAN.

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

23 Heritage Area shall—
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1 (1) include comprehensive policies, strategies

2 and recommendations for conservation, funding,

3 management and development of the Heritage Area;

4 (2) take into consideration existing State, coun5 ty, and local plans in the development of the man6 agement plan and its implementation;

7 (3) include a description of actions that govern8 ments, private organizations, and individuals have

9 agreed to take to protect the natural, historical and

10 cultural resources of the Heritage Area;

11 (4) specify the existing and potential sources of

12 funding to protect, manage, and develop the Herit13 age Area in the first 5 years of implementation;

14 (5) include an inventory of the natural, histor15 ical, cultural, educational, scenic, and recreational

16 resources of the Heritage Area related to the themes

17 of the Heritage Area that should be preserved, re18 stored, managed, developed, or maintained;

19 (6) describe a program of implementation for

20 the management plan including plans for resource

21 protection, restoration, construction, and specific

22 commitments for implementation that have been

23 made by the management entity or any government,

24 organization, or individual for the first 5 years of

25 implementation; and
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1 (7) include an interpretive plan for the Heritage

2 Area.

3 (b) DEADLINE AND TERMINATION OF FUNDING.—

4 (1) DEADLINE.—The management entity shall

5 submit the management plan to the Secretary for

6 approval within 3 years after funds are made avail7 able for this title.

8 (2) TERMINATION OF FUNDING.—If the man9 agement plan is not submitted to the Secretary in

10 accordance with this subsection, the management en11 tity shall not qualify for Federal funding under this

12 title until such time as the management plan is sub13 mitted to the Secretary.

14 SEC. 607. DUTIES AND AUTHORITIES OF THE SECRETARY.

15 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—The

16 Secretary may, upon the request of the management enti17 ty, provide technical assistance on a reimbursable or non18 reimbursable basis and financial assistance to the Herit19 age Area to develop and implement the approved manage20 ment plan. The Secretary is authorized to enter into coop21 erative agreements with the management entity and other

22 public or private entities for this purpose. In assisting the

23 Heritage Area, the Secretary shall give priority to actions

24 that in general assist in—
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1 (1) conserving the significant natural, histor2 ical, cultural, and scenic resources of the Heritage

3 Area; and

4 (2) providing educational, interpretive, and rec5 reational opportunities consistent with the purposes

6 of the Heritage Area.

7 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

8 PLAN.—

9 (1) IN GENERAL.—The Secretary shall approve

10 or disapprove the management plan not later than

11 90 days after receiving the management plan.

12 (2) CRITERIA FOR APPROVAL.—In determining

13 the approval of the management plan, the Secretary

14 shall consider whether—

15 (A) the management entity is representa16 tive of the diverse interests of the Heritage

17 Area including governments, natural and his18 toric resource protection organizations, edu19 cational institutions, businesses, and rec20 reational organizations;

21 (B) the management entity has afforded

22 adequate opportunity, including public hearings,

23 for public and governmental involvement in the

24 preparation of the management plan;
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1 (C) the resource protection and interpreta2 tion strategies contained in the management

3 plan, if implemented, would adequately protect

4 the natural, historical, and cultural resources of

5 the Heritage Area; and

6 (D) the management plan is supported by

7 the appropriate State and local officials whose

8 cooperation is needed to ensure the effective im9 plementation of the State and local aspects of

10 the management plan.

11 (3) ACTION FOLLOWING DISAPPROVAL.—If the

12 Secretary disapproves the management plan, the

13 Secretary shall advise the management entity in

14 writing of the reasons therefore and shall make rec15 ommendations for revisions to the management plan.

16 The Secretary shall approve or disapprove a pro17 posed revision within 60 days after the date it is

18 submitted.

19 (4) APPROVAL OF AMENDMENTS.—Substantial

20 amendments to the management plan shall be re21 viewed by the Secretary and approved in the same

22 manner as provided for the original management

23 plan. The management entity shall not use Federal

24 funds authorized by this title to implement any
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1 amendments until the Secretary has approved the

2 amendments.

3 SEC. 608. DUTIES OF OTHER FEDERAL AGENCIES.

4 Any Federal agency conducting or supporting activi5 ties directly affecting the Heritage Area shall—

6 (1) consult with the Secretary and the manage7 ment entity with respect to such activities;

8 (2) cooperate with the Secretary and the man9 agement entity in carrying out their duties under

10 this title and, to the maximum extent practicable,

11 coordinate such activities with the carrying out of

12 such duties; and,

13 (3) to the maximum extent practicable, conduct

14 or support such activities in a manner which the

15 management entity determines will not have an ad16 verse effect on the Heritage Area.

17 SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE

18 PROPERTY.

19 (a) NOTIFICATION AND CONSENT OF PROPERTY

20 OWNERS REQUIRED.—No privately owned property shall

21 be preserved, conserved, or promoted by the management

22 plan for the Heritage Area until the owner of that private

23 property has been notified in writing by the management

24 entity and has given written consent for such preservation,

25 conservation, or promotion to the management entity.
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1 (b) LANDOWNER WITHDRAW.—Any owner of private

2 property included within the boundary of the Heritage

3 Area shall have their property immediately removed from

4 the boundary by submitting a written request to the man5 agement entity.

6 SEC. 610. PRIVATE PROPERTY PROTECTION.

7 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in

8 this title shall be construed to—

9 (1) require any private property owner to allow

10 public access (including Federal, State, or local gov11 ernment access) to such private property; or

12 (2) modify any provision of Federal, State, or

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

14 private property.

15 (b) LIABILITY.—Designation of the Heritage Area

16 shall not be considered to create any liability, or to have

17 any effect on any liability under any other law, of any pri18 vate property owner with respect to any persons injured

19 on such private property.

20 (c) RECOGNITION OF AUTHORITY TO CONTROL

21 LAND USE.—Nothing in this title shall be construed to

22 modify the authority of Federal, State, or local govern23 ments to regulate land use.

24 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

25 IN HERITAGE AREA.—Nothing in this title shall be con-
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1 strued to require the owner of any private property located

2 within the boundaries of the Heritage Area to participate

3 in or be associated with the Heritage Area.

4 (e) EFFECT OF ESTABLISHMENT.—The boundaries

5 designated for the Heritage Area represent the area within

6 which Federal funds appropriated for the purpose of this

7 title may be expended. The establishment of the Heritage

8 Area and its boundaries shall not be construed to provide

9 any nonexisting regulatory authority on land use within

10 the Heritage Area or its viewshed by the Secretary, the

11 National Park Service, or the management entity.

12 SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

13 (a) IN GENERAL.—There is authorized to be appro14 priated for the purposes of this title not more than

15 $1,000,000 for any fiscal year. Not more than a total of

16 $10,000,000 may be appropriated for the Heritage Area

17 under this title.

18 (b) MATCHING FUNDS.—Federal funding provided

19 under this title may not exceed 50 percent of the total

20 cost of any assistance or grant provided or authorized

21 under this title.

22 SEC. 612. SUNSET.

23 The authority of the Secretary to provide assistance

24 under this title shall terminate on the day occurring 15

25 years after funds are first made available for this title.
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1 TITLE VII—OIL REGION

2 NATIONAL HERITAGE AREA

3 SEC. 701. SHORT TITLE; DEFINITIONS.

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

5 ‘‘Oil Region National Heritage Area Act’’.

6 (b) DEFINITIONS.—For the purposes of this title, the

7 following definitions shall apply:

8 (1) HERITAGE AREA.—The term ‘‘Heritage

9 Area’’ means the Oil Region National Heritage Area

10 established in section 703(a).

11 (2) MANAGEMENT ENTITY.—The term ‘‘man12 agement entity’’ means the Oil Heritage Region,

13 Inc., or its successor entity.

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

15 the Secretary of the Interior.

16 SEC. 702. FINDINGS AND PURPOSE.

17 (a) FINDINGS.—The Congress finds the following:

18 (1) The Oil Region of Northwestern Pennsyl19 vania, with numerous sites and districts listed on the

20 National Register of Historic Places, and designated

21 by the Governor of Pennsylvania as one of the State

22 Heritage Park Areas, is a region with tremendous

23 physical and natural resources and possesses a story

24 of State, national, and international significance.
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1 (2) The single event of Colonel Edwin Drake’s

2 drilling of the world’s first successful oil well in

3 1859 has affected the industrial, natural, social, and

4 political structures of the modern world.

5 (3) Six national historic districts are located

6 within the State Heritage Park boundary, in

7 Emlenton, Franklin, Oil City, and Titusville, as well

8 as 17 separate National Register sites.

9 (4) The Allegheny River, which was designated

10 as a component of the national wild and scenic riv11 ers system in 1992 by Public Law 102–271, tra12 verses the Oil Region and connects several of its

13 major sites, as do some of the river’s tributaries

14 such as Oil Creek, French Creek, and Sandy Creek.

15 (5) The unspoiled rural character of the Oil Re16 gion provides many natural and recreational re17 sources, scenic vistas, and excellent water quality for

18 people throughout the United States to enjoy.

19 (6) Remnants of the oil industry, visible on the

20 landscape to this day, provide a direct link to the

21 past for visitors, as do the historic valley settle22 ments, riverbed settlements, plateau developments,

23 farmlands, and industrial landscapes.

24 (7) The Oil Region also represents a cross sec25 tion of American history associated with Native
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1 Americans, frontier settlements, the French and In2 dian War, African Americans and the Underground

3 Railroad, and immigration of Swedish and Polish in4 dividuals, among others.

5 (8) Involvement by the Federal Government

6 shall serve to enhance the efforts of the Common7 wealth of Pennsylvania, local subdivisions of the

8 Commonwealth of Pennsylvania, volunteer organiza9 tions, and private businesses, to promote the cul10 tural, national, and recreational resources of the re11 gion in order to fulfill their full potential.

12 (b) PURPOSE.—The purpose of this title is to en13 hance a cooperative management framework to assist the

14 Commonwealth of Pennsylvania, its units of local govern15 ment, and area citizens in conserving, enhancing, and in16 terpreting the significant features of the lands, water, and

17 structures of the Oil Region, in a manner consistent with

18 compatible economic development for the benefit and in19 spiration of present and future generations in the Com20 monwealth of Pennsylvania and the United States.

21 SEC. 703. OIL REGION NATIONAL HERITAGE AREA.

22 (a) ESTABLISHMENT.—There is hereby established

23 the Oil Region National Heritage Area.

24 (b) BOUNDARIES.—The boundaries of the Heritage

25 Area shall include all of those lands depicted on a map
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1 entitled ‘‘Oil Region National Heritage Area’’, numbered

2 OIRE/20,000 and dated October, 2000. The map shall be

3 on file in the appropriate offices of the National Park

4 Service. The Secretary of the Interior shall publish in the

5 Federal Register, as soon as practical after the date of

6 the enactment of this Act, a detailed description and map

7 of the boundaries established under this subsection.

8 (c) MANAGEMENT ENTITY.—The management entity

9 for the Heritage Area shall be the Oil Heritage Region,

10 Inc., the locally based private, nonprofit management cor11 poration which shall oversee the development of a manage12 ment plan in accordance with section 705(b).

13 SEC. 704. COMPACT.

14 To carry out the purposes of this title, the Secretary

15 shall enter into a compact with the management entity.

16 The compact shall include information relating to the ob17 jectives and management of the area, including a discus18 sion of the goals and objectives of the Heritage Area, in19 cluding an explanation of the proposed approach to con20 servation and interpretation and a general outline of the

21 protection measures committed to by the Secretary and

22 management entity.
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1 SEC. 705. AUTHORITIES AND DUTIES OF MANAGEMENT EN2 TITY.

3 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.—

4 The management entity may use funds made available

5 under this title for purposes of preparing, updating, and

6 implementing the management plan developed under sub7 section (b). Such purposes may include—

8 (1) making grants to, and entering into cooper9 ative agreements with, States and their political sub10 divisions, private organizations, or any other person;

11 (2) hiring and compensating staff; and

12 (3) undertaking initiatives that advance the

13 purposes of the Heritage Area.

14 (b) MANAGEMENT PLAN.—The management entity

15 shall develop a management plan for the Heritage Area

16 that—

17 (1) presents comprehensive strategies and rec18 ommendations for conservation, funding, manage19 ment, and development of the Heritage Area;

20 (2) takes into consideration existing State,

21 county, and local plans and involves residents, public

22 agencies, and private organizations working in the

23 Heritage Area;

24 (3) includes a description of actions that units

25 of government and private organizations have agreed
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1 to take to protect the resources of the Heritage

2 Area;

3 (4) specifies the existing and potential sources

4 of funding to protect, manage, and develop the Her5 itage Area;

6 (5) includes an inventory of the resources con7 tained in the Heritage Area, including a list of any

8 property in the Heritage Area that is related to the

9 themes of the Heritage Area and that should be pre10 served, restored, managed, developed, or maintained

11 because of its natural, cultural, historic, recreational,

12 or scenic significance;

13 (6) describes a program for implementation of

14 the management plan by the management entity, in15 cluding plans for restoration and construction, and

16 specific commitments for that implementation that

17 have been made by the management entity and any

18 other persons for the first 5 years of implementa19 tion;

20 (7) lists any revisions to the boundaries of the

21 Heritage Area proposed by the management entity

22 and requested by the affected local government; and

23 (8) includes an interpretation plan for the Her24 itage Area.

25 (c) DEADLINE; TERMINATION OF FUNDING.—
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1 (1) DEADLINE.—The management entity shall

2 submit the management plan to the Secretary within

3 2 years after the funds are made available for this

4 title.

5 (2) TERMINATION OF FUNDING.—If a manage6 ment plan is not submitted to the Secretary in ac7 cordance with this subsection, the management enti8 ty shall not qualify for Federal assistance under this

9 title.

10 (d) DUTIES OF MANAGEMENT ENTITY.—The man11 agement entity shall—

12 (1) give priority to implementing actions set

13 forth in the compact and management plan;

14 (2) assist units of government, regional plan15 ning organizations, and nonprofit organizations in—

16 (A) establishing and maintaining interpre17 tive exhibits in the Heritage Area;

18 (B) developing recreational resources in

19 the Heritage Area;

20 (C) increasing public awareness of and ap21 preciation for the natural, historical, and archi22 tectural resources and sites in the Heritage

23 Area;

24 (D) the restoration of any historic building

25 relating to the themes of the Heritage Area;
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1 (E) ensuring that clear signs identifying

2 access points and sites of interest are put in

3 place throughout the Heritage Area; and

4 (F) carrying out other actions that the

5 management entity determines to be advisable

6 to fulfill the purposes of this title;

7 (3) encourage by appropriate means economic

8 viability in the Heritage Area consistent with the

9 goals of the management plan;

10 (4) consider the interests of diverse govern11 mental, business, and nonprofit groups within the

12 Heritage Area; and

13 (5) for any year in which Federal funds have

14 been provided to implement the management plan

15 under subsection (b)—

16 (A) conduct public meetings at least annu17 ally regarding the implementation of the man18 agement plan;

19 (B) submit an annual report to the Sec20 retary setting forth accomplishments, expenses

21 and income, and each person to which any

22 grant was made by the management entity in

23 the year for which the report is made; and

24 (C) require, for all agreements entered into

25 by the management entity authorizing expendi-
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1 ture of Federal funds by any other person, that

2 the person making the expenditure make avail3 able to the management entity for audit all

4 records pertaining to the expenditure of such

5 funds.

6 (e) PROHIBITION ON THE ACQUISITION OF REAL

7 PROPERTY.—The management entity may not use Fed8 eral funds received under this title to acquire real property

9 or an interest in real property.

10 SEC. 706. DUTIES AND AUTHORITIES OF THE SECRETARY.

11 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

12 (1) IN GENERAL.—

13 (A) OVERALL ASSISTANCE.—The Secretary

14 may, upon the request of the management enti15 ty, and subject to the availability of appropria16 tions, provide technical and financial assistance

17 to the management entity to carry out its du18 ties under this title, including updating and im19 plementing a management plan that is sub20 mitted under section 705(b) and approved by

21 the Secretary and, prior to such approval, pro22 viding assistance for initiatives.

23 (B) OTHER ASSISTANCE.—If the Secretary

24 has the resources available to provide technical

25 assistance to the management entity to carry
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1 out its duties under this title (including updat2 ing and implementing a management plan that

3 is submitted under section 705(b) and approved

4 by the Secretary and, prior to such approval,

5 providing assistance for initiatives), upon the

6 request of the management entity the Secretary

7 shall provide such assistance on a reimbursable

8 basis. This subparagraph does not preclude the

9 Secretary from providing nonreimbursable as10 sistance under subparagraph (A).

11 (2) PRIORITY.—In assisting the management

12 entity, the Secretary shall give priority to actions

13 that assist in the—

14 (A) implementation of the management

15 plan;

16 (B) provision of educational assistance and

17 advice regarding land and water management

18 techniques to conserve the significant natural

19 resources of the region;

20 (C) development and application of tech21 niques promoting the preservation of cultural

22 and historic properties;

23 (D) preservation, restoration, and reuse of

24 publicly and privately owned historic buildings;
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1 (E) design and fabrication of a wide range

2 of interpretive materials based on the manage3 ment plan, including guide brochures, visitor

4 displays, audio-visual and interactive exhibits,

5 and educational curriculum materials for public

6 education; and

7 (F) implementation of initiatives prior to

8 approval of the management plan.

9 (3) DOCUMENTATION OF STRUCTURES.—The

10 Secretary, acting through the Historic American

11 Building Survey and the Historic American Engi12 neering Record, shall conduct studies necessary to

13 document the industrial, engineering, building, and

14 architectural history of the Heritage Area.

15 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

16 PLANS.—The Secretary, in consultation with the Governor

17 of Pennsylvania, shall approve or disapprove a manage18 ment plan submitted under this title not later than 90

19 days after receiving such plan. In approving the plan, the

20 Secretary shall take into consideration the following cri21 teria:

22 (1) The extent to which the management plan

23 adequately preserves and protects the natural, cul24 tural, and historical resources of the Heritage Area.
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1 (2) The level of public participation in the de2 velopment of the management plan.

3 (3) The extent to which the board of directors

4 of the management entity is representative of the

5 local government and a wide range of interested or6 ganizations and citizens.

7 (c) ACTION FOLLOWING DISAPPROVAL.—If the Sec8 retary disapproves a management plan, the Secretary shall

9 advise the management entity in writing of the reasons

10 for the disapproval and shall make recommendations for

11 revisions in the management plan. The Secretary shall ap12 prove or disapprove a proposed revision within 90 days

13 after the date it is submitted.

14 (d) APPROVING CHANGES.—The Secretary shall re15 view and approve amendments to the management plan

16 under section 705(b) that make substantial changes.

17 Funds appropriated under this title may not be expended

18 to implement such changes until the Secretary approves

19 the amendments.

20 (e) EFFECT OF INACTION.—If the Secretary does not

21 approve or disapprove a management plan, revision, or

22 change within 90 days after it is submitted to the Sec23 retary, then such management plan, revision, or change

24 shall be deemed to have been approved by the Secretary.
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1 SEC. 707. DUTIES OF OTHER FEDERAL ENTITIES.

2 Any Federal entity conducting or supporting activi3 ties directly affecting the Heritage Area shall—

4 (1) consult with the Secretary and the manage5 ment entity with respect to such activities;

6 (2) cooperate with the Secretary and the man7 agement entity in carrying out their duties under

8 this title and, to the maximum extent practicable,

9 coordinate such activities with the carrying out of

10 such duties; and

11 (3) to the maximum extent practicable, conduct

12 or support such activities in a manner that the man13 agement entity determines shall not have an adverse

14 effect on the Heritage Area.

15 SEC. 708. SUNSET.

16 The Secretary may not make any grant or provide

17 any assistance under this title after the expiration of the

18 15-year period beginning on the date that funds are first

19 made available for this title.

20 SEC. 709. REQUIREMENTS FOR INCLUSION OF PRIVATE

21 PROPERTY.

22 (a) NOTIFICATION AND CONSENT OF PROPERTY

23 OWNERS REQUIRED.—No privately owned property shall

24 be preserved, conserved, or promoted by the management

25 plan for the Heritage Area until the owner of that private

26 property has been notified in writing by the management
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1 entity and has given written consent for such preservation,

2 conservation, or promotion to the management entity.

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

4 property included within the boundary of the Heritage

5 Area shall have their property immediately removed from

6 the boundary by submitting a written request to the man7 agement entity.

8 SEC. 710. PRIVATE PROPERTY PROTECTION.

9 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in

10 this title shall be construed to—

11 (1) require any private property owner to allow

12 public access (including Federal, State, or local gov13 ernment access) to such private property; or

14 (2) modify any provision of Federal, State, or

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

16 private property.

17 (b) LIABILITY.—Designation of the Heritage Area

18 shall not be considered to create any liability, or to have

19 any effect on any liability under any other law, of any pri20 vate property owner with respect to any persons injured

21 on such private property.

22 (c) RECOGNITION OF AUTHORITY TO CONTROL

23 LAND USE.—Nothing in this title shall be construed to

24 modify the authority of Federal, State, or local govern25 ments to regulate land use.
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1 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

2 IN HERITAGE AREA.—Nothing in this title shall be con3 strued to require the owner of any private property located

4 within the boundaries of the Heritage Area to participate

5 in or be associated with the Heritage Area.

6 (e) EFFECT OF ESTABLISHMENT.—The boundaries

7 designated for the Heritage Area represent the area within

8 which Federal funds appropriated for the purpose of this

9 title may be expended. The establishment of the Heritage

10 Area and its boundaries shall not be construed to provide

11 any nonexisting regulatory authority on land use within

12 the Heritage Area or its viewshed by the Secretary, the

13 National Park Service, or the management entity.

14 SEC. 711. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

15 Nothing in this title shall preclude the management

16 entity from using Federal funds available under Acts other

17 than this title for the purposes for which those funds were

18 authorized.

19 SEC. 712. AUTHORIZATION OF APPROPRIATIONS.

20 (a) IN GENERAL.—There are authorized to be appro21 priated to carry out this title—

22 (1) not more than $1,000,000 for any fiscal

23 year; and

24 (2) not more than a total of $10,000,000.
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1 (b) 50 PERCENT MATCH.—Financial assistance pro2 vided under this title may not be used to pay more than

3 50 percent of the total cost of any activity carried out with

4 that assistance.

Passed the House of Representatives November 18,

2003.

Attest:

Clerk.