IIB 

108TH CONGRESS 

1ST SESSION H. R. 280

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 19, 2003

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

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: JEFF TRANDAHL, 

Clerk.