I 

109TH CONGRESS 

1ST SESSION S. 203 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2005 

Referred to the Committee on Resources 

AN ACT 

To reduce temporarily the royalty required to be paid for 

sodium produced, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘National Heritage Areas Act of 2005’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SODA ASH ROYALTY REDUCTION 

Sec. 101. Short title. 

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

Sec. 103. Study. 

TITLE II—ESTABLISHMENT OF NATIONAL HERITAGE AREAS 

Subtitle A—Northern Rio Grande National Heritage Area 

Sec. 201. Short title. 

Sec. 202. Findings. 

Sec. 203. Definitions. 

Sec. 204. Northern Rio Grande National Heritage Area. 

Sec. 205. Authority and duties of the local coordinating entity. 

Sec. 206. Duties of the Secretary. 

Sec. 207. Savings provisions. 

Sec. 208. Authorization of appropriations. 

Sec. 209. Termination of authority. 

Subtitle B—Atchafalaya National Heritage Area 

Sec. 211. Short title. 

Sec. 212. Definitions. 

Sec. 213. Atchafalaya National Heritage Area. 

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

Sec. 215. Management plan. 

Sec. 216. Requirements for inclusion of private property. 

Sec. 217. Private property protection. 

Sec. 218. Effect of subtitle. 

Sec. 219. Reports. 

Sec. 220. Authorization of appropriations. 

Sec. 221. Termination of authority. 

Subtitle C—Arabia Mountain National Heritage Area 

Sec. 231. Short title. 

Sec. 232. Findings and purposes. 

Sec. 233. Definitions. 

Sec. 234. Arabia Mountain National Heritage Area. 

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

Sec. 236. Management plan. 

Sec. 237. Technical and financial assistance. 

Sec. 238. Effect on certain authority. 

Sec. 239. Authorization of appropriations. 

Sec. 240. Termination of authority. 

Subtitle D—Mormon Pioneer National Heritage Area 

Sec. 251. Short title. 

Sec. 252. Findings and purpose. 
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Sec. 253. Definitions. 

Sec. 254. Mormon Pioneer National Heritage Area. 

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

Sec. 256. Management of the Heritage Area. 

Sec. 257. Duties and authorities of Federal agencies. 

Sec. 258. No effect on land use authority and private property. 

Sec. 259. Authorization of appropriations. 

Sec. 260. Termination of authority. 

Subtitle E—Bleeding Kansas National Heritage Area 

Sec. 261. Short title. 

Sec. 262. Findings and purpose. 

Sec. 263. Definitions. 

Sec. 264. Bleeding Kansas and the Enduring Struggle for Freedom National 

Heritage Area. 

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

Sec. 266. Private property protection. 

Sec. 267. Savings provisions. 

Sec. 268. Authorization of appropriations. 

Sec. 269. Termination of authority. 

Subtitle F—Upper Housatonic Valley National Heritage Area 

Sec. 271. Short title. 

Sec. 272. Findings and purposes. 

Sec. 273. Definitions. 

Sec. 274. Upper Housatonic Valley National Heritage Area. 

Sec. 275. Authorities, prohibitions, and duties of the local coordinating entity. 

Sec. 276. Management plan. 

Sec. 277. Duties and authorities of the Secretary. 

Sec. 278. Duties of other Federal agencies. 

Sec. 279. Authorization of appropriations. 

Sec. 280. Termination of authority. 

Subtitle G—Champlain Valley National Heritage Partnership 

Sec. 281. Short title. 

Sec. 282. Findings and purposes. 

Sec. 283. Definitions. 

Sec. 284. Heritage Partnership. 

Sec. 285. Effect. 

Sec. 286. Authorization of appropriations. 

Sec. 287. Termination of authority. 

Subtitle H—Great Basin National Heritage Route 

Sec. 291. Short title. 

Sec. 291A. Findings and purposes. 

Sec. 291B. Definitions. 

Sec. 291C. Great Basin National Heritage Route. 

Sec. 291D. Memorandum of understanding. 

Sec. 291E. Management Plan. 

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

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

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

Sec. 291I. Authorization of appropriations. 
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Sec. 291J. Termination of authority. 

Subtitle I—Gullah/Geechee Heritage Corridor 

Sec. 295. Short title. 

Sec. 295A. Purposes. 

Sec. 295B. Definitions. 

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

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

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

Sec. 295F. Management plan. 

Sec. 295G. Technical and financial assistance. 

Sec. 295H. Duties of other Federal agencies. 

Sec. 295I. Coastal Heritage Centers. 

Sec. 295J. Private property protection. 

Sec. 295K. Authorization of appropriations. 

Sec. 295L. Termination of authority. 

Subtitle J—Crossroads of the American Revolution National Heritage Area 

Sec. 297. Short title. 

Sec. 297A. Findings and purposes. 

Sec. 297B. Definitions. 

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

Sec. 297D. Management plan. 

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

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

Sec. 297G. Authorization of appropriations. 

Sec. 297H. Termination of authority. 

TITLE III—NATIONAL HERITAGE AREA STUDIES 

Subtitle A—Western Reserve Heritage Area Study 

Sec. 301. Short title. 

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

Subtitle B—St. Croix National Heritage Area Study 

Sec. 311. Short title. 

Sec. 312. Study. 

Subtitle C—Southern Campaign of the Revolution 

Sec. 321. Short title. 

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

TITLE IV—ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE 

CORRIDOR ACT AMENDMENTS 

Sec. 401. Short title. 

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

Sec. 403. Private property protection. 

TITLE V—REAUTHORIZATION OF APPROPRIATIONS FOR NEW 

JERSEY COASTAL HERITAGE TRAIL ROUTE 
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Sec. 501. Reauthorization of appropriations for New Jersey Coastal Heritage 

Trail Route. 

1 TITLE I—SODA ASH ROYALTY 

2 REDUCTION 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Soda Ash Royalty Re5 duction Act of 2005’’. 

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

7 Notwithstanding section 102(a)(9) of the Federal 

8 Land Policy Management Act of 1976 (43 U.S.C. 

9 1701(a)(9)), section 24 of the Mineral Leasing Act (30 

10 U.S.C. 262), and the terms of any lease under that Act, 

11 the royalty rate on the quantity or gross value of the out12 put of sodium compounds and related products at the 

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

14 year period beginning on the date of enactment of this 

15 Act shall be 2 percent. 

16 SEC. 103. STUDY. 

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

18 date of enactment of this Act, and before the end of the 

19 5-year period beginning on that date, the Secretary of the 

20 Interior shall report to Congress on the effects of the roy21 alty reduction under this title, including— 

22 (1) the amount of sodium compounds and re23 lated products at the point of shipment to market 

24 from Federal land during that 4-year period; 
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1 (2) the number of jobs that have been created 

2 or maintained during the royalty reduction period; 

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

4 United States on the quantity or gross value of the 

5 output of sodium compounds and related products at 

6 the point of shipment to market produced during 

7 that 4-year period, and the portion of such royalty 

8 paid to States; and 

9 (4) a recommendation of whether the reduced 

10 royalty rate should apply after the end of the 5-year 

11 period beginning on the date of enactment of this 

12 Act. 

13 TITLE II—ESTABLISHMENT OF 

14 NATIONAL HERITAGE AREAS 

15 Subtitle A—Northern Rio Grande 

16 National Heritage Area 

17 SEC. 201. SHORT TITLE. 

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

19 Grande National Heritage Area Act’’. 

20 SEC. 202. FINDINGS. 

21 The Congress finds that— 

22 (1) northern New Mexico encompasses a mosaic 

23 of cultures and history, including eight Pueblos and 

24 the descendants of Spanish ancestors who settled in 

25 the area in 1598; 
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1 (2) the combination of cultures, languages, folk 

2 arts, customs, and architecture make northern New 

3 Mexico unique; 

4 (3) the area includes spectacular natural, sce5 nic, and recreational resources; 

6 (4) there is broad support from local govern7 ments and interested individuals to establish a Na8 tional Heritage Area to coordinate and assist in the 

9 preservation and interpretation of these resources; 

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

11 Alternative Concepts for Commemorating Spanish 

12 Colonization identified several alternatives consistent 

13 with the establishment of a National Heritage Area, 

14 including conducting a comprehensive archaeological 

15 and historical research program, coordinating a com16 prehensive interpretation program, and interpreting 

17 a cultural heritage scene; and 

18 (6) establishment of a National Heritage Area 

19 in northern New Mexico would assist local commu20 nities and residents in preserving these unique cul21 tural, historical and natural resources. 

22 SEC. 203. DEFINITIONS. 

23 As used in this subtitle— 

24 (1) the term ‘‘heritage area’’ means the North25 ern Rio Grande National Heritage Area; and 
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1 (2) the term ‘‘Secretary’’ means the Secretary 

2 of the Interior. 

3 SEC. 204. NORTHERN RIO GRANDE NATIONAL HERITAGE 

4 AREA. 

5 (a) ESTABLISHMENT.—There is hereby established 

6 the Northern Rio Grande National Heritage Area in the 

7 State of New Mexico. 

8 (b) BOUNDARIES.—The heritage area shall include 

9 the counties of Santa Fe, Rio Arriba, and Taos. 

10 (c) LOCAL COORDINATING ENTITY.— 

11 (1) The Northern Rio Grande National Herit12 age Area, Inc., a non-profit corporation chartered in 

13 the State of New Mexico, shall serve as the local co14 ordinating entity for the heritage area. 

15 (2) The Board of Directors for the local coordi16 nating entity shall include representatives of the 

17 State of New Mexico, the counties of Santa Fe, Rio 

18 Arriba and Taos, tribes and pueblos within the her19 itage area, the cities of Santa Fe, Espanola and 

20 Taos, and members of the general public. The total 

21 number of Board members and the number of Direc22 tors representing State, local and tribal governments 

23 and interested communities shall be established to 

24 ensure that all parties have appropriate representa25 tion on the Board. 
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1 SEC. 205. AUTHORITY AND DUTIES OF THE LOCAL COORDI2 NATING ENTITY. 

3 (a) MANAGEMENT PLAN.— 

4 (1) Not later than 3 years after the date on 

5 which funds are made available to carry out this 

6 subtitle, the local coordinating entity shall develop 

7 and forward to the Secretary a management plan for 

8 the heritage area. 

9 (2) The local coordinating entity shall develop 

10 and implement the management plan in cooperation 

11 with affected communities, tribal and local govern12 ments and shall provide for public involvement in 

13 the development and implementation of the manage14 ment plan. 

15 (3) The management plan shall, at a min16 imum— 

17 (A) provide recommendations for the con18 servation, funding, management, and develop19 ment of the resources of the heritage area; 

20 (B) identify sources of funding; 

21 (C) include an inventory of the cultural, 

22 historical, archaeological, natural, and rec23 reational resources of the heritage area; 

24 (D) provide recommendations for edu25 cational and interpretive programs to inform 
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1 the public about the resources of the heritage 

2 area; and 

3 (E) include an analysis of ways in which 

4 local, State, Federal, and tribal programs may 

5 best be coordinated to promote the purposes of 

6 this subtitle. 

7 (4) If the local coordinating entity fails to sub8 mit a management plan to the Secretary as provided 

9 in paragraph (1), the heritage area shall no longer 

10 be eligible to receive Federal funding under this sub11 title until such time as a plan is submitted to the 

12 Secretary. 

13 (5) The Secretary shall approve or disapprove 

14 the management plan within 90 days after the date 

15 of submission. If the Secretary disapproves the man16 agement plan, the Secretary shall advise the local co17 ordinating entity in writing of the reasons therefore 

18 and shall make recommendations for revisions to the 

19 plan. 

20 (6) The local coordinating entity shall periodi21 cally review the management plan and submit to the 

22 Secretary any recommendations for proposed revi23 sions to the management plan. Any major revisions 

24 to the management plan must be approved by the 

25 Secretary. 
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1 (b) AUTHORITY.—The local coordinating entity may 

2 make grants and provide technical assistance to tribal and 

3 local governments, and other public and private entities 

4 to carry out the management plan. 

5 (c) DUTIES.—The local coordinating entity shall— 

6 (1) give priority in implementing actions set 

7 forth in the management plan; 

8 (2) coordinate with tribal and local governments 

9 to better enable them to adopt land use policies con10 sistent with the goals of the management plan; 

11 (3) encourage by appropriate means economic 

12 viability in the heritage area consistent with the 

13 goals of the management plan; and 

14 (4) assist local and tribal governments and non15 profit 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 cultural, historical, archae22 ological and natural resources and sites in the 

23 heritage area; 

24 (D) the restoration of historic structures 

25 related to the heritage area; and 
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1 (E) carrying out other actions that the 

2 local coordinating entity determines appropriate 

3 to fulfill the purposes of this subtitle, consistent 

4 with the management plan. 

5 (d) PROHIBITION ON ACQUIRING REAL PROPERTY.— 

6 The local coordinating entity shall not use Federal funds 

7 received under this subtitle to acquire real property or an 

8 interest in real property. 

9 (e) PUBLIC MEETINGS.—The local coordinating enti10 ty shall hold public meetings at least annually regarding 

11 the implementation of the management plan. 

12 (f) ANNUAL REPORTS AND AUDITS.— 

13 (1) For any year in which the local coordinating 

14 entity receives Federal funds under this subtitle, the 

15 local coordinating entity shall submit an annual re16 port to the Secretary setting forth accomplishments, 

17 expenses and income, and each entity to which any 

18 grant was made by the local coordinating entity. 

19 (2) The local coordinating entity shall make 

20 available to the Secretary for audit all records relat21 ing to the expenditure of Federal funds and any 

22 matching funds. The local coordinating entity shall 

23 also require, for all agreements authorizing expendi24 ture of Federal funds by other organizations, that 

25 the receiving organization make available to the Sec-
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1 retary for audit all records concerning the expendi2 ture of those funds. 

3 SEC. 206. DUTIES OF THE SECRETARY. 

4 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—The 

5 Secretary may, upon request of the local coordinating enti6 ty, provide technical and financial assistance to develop 

7 and implement the management plan. 

8 (b) PRIORITY.—In providing assistance under sub9 section (a), the Secretary shall give priority to actions that 

10 facilitate— 

11 (1) the conservation of the significant natural, 

12 cultural, historical, archaeological, scenic, and rec13 reational resources of the heritage area; and 

14 (2) the provision of educational, interpretive, 

15 and recreational opportunities consistent with the re16 sources and associated values of the heritage area. 

17 SEC. 207. SAVINGS PROVISIONS. 

18 (a) NO EFFECT ON PRIVATE PROPERTY.—Nothing 

19 in this subtitle shall be construed— 

20 (1) to modify, enlarge, or diminish any author21 ity of Federal, State, or local governments to regu22 late any use of privately owned lands; or 

23 (2) to grant the local coordinating entity any 

24 authority to regulate the use of privately owned 

25 lands. 
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1 (b) TRIBAL LANDS.—Nothing in this subtitle shall 

2 restrict or limit a tribe from protecting cultural or reli3 gious sites on tribal lands. 

4 (c) AUTHORITY OF GOVERNMENTS.—Nothing in this 

5 subtitle shall— 

6 (1) modify, enlarge, or diminish any authority 

7 of Federal, State, tribal, or local governments to 

8 manage or regulate any use of land as provided for 

9 by law or regulation; or 

10 (2) authorize the local coordinating entity to as11 sume any management authorities over such lands. 

12 (d) TRUST RESPONSIBILITIES.—Nothing in this sub13 title shall diminish the Federal Government’s trust re14 sponsibilities or government-to-government obligations to 

15 any federally recognized Indian tribe. 

16 SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—There is authorized to be appro18 priated to carry out this subtitle $10,000,000, to remain 

19 available until expended, of which not more than 

20 $1,000,000 may be authorized to be appropriated for any 

21 fiscal year. 

22 (b) COST-SHARING REQUIREMENT.—The Federal 

23 share of the total cost of any activity assisted under this 

24 subtitle shall be not more than 50 percent. 
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1 SEC. 209. TERMINATION OF AUTHORITY. 

2 The authority of the Secretary to provide assistance 

3 under this subtitle terminates on the date that is 15 years 

4 after the date of enactment of this Act. 

5 Subtitle B—Atchafalaya National 

6 Heritage Area 

7 SEC. 211. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Atchafalaya Na9 tional Heritage Area Act’’. 

10 SEC. 212. DEFINITIONS. 

11 In this subtitle: 

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

13 Area’’ means the Atchafalaya National Heritage 

14 Area established by section 213(a). 

15 (2) LOCAL COORDINATING ENTITY.—The term 

16 ‘‘local coordinating entity’’ means the local coordi17 nating entity for the Heritage Area designated by 

18 section 213(c). 

19 (3) MANAGEMENT PLAN.—The term ‘‘manage20 ment plan’’ means the management plan for the 

21 Heritage Area developed under section 215. 

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

23 the Secretary of the Interior. 

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

25 of Louisiana. 
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1 SEC. 213. ATCHAFALAYA NATIONAL HERITAGE AREA. 

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

3 State the Atchafalaya National Heritage Area. 

4 (b) BOUNDARIES.—The Heritage Area shall consist 

5 of the whole of the following parishes in the State: St. 

6 Mary, Iberia, St. Martin, St. Landry, Avoyelles, Pointe 

7 Coupee, Iberville, Assumption, Terrebonne, Lafayette, 

8 West Baton Rouge, Concordia, and East Baton Rouge. 

9 (c) LOCAL COORDINATING ENTITY.— 

10 (1) IN GENERAL.—The Atchafalaya Trace 

11 Commission shall be the local coordinating entity for 

12 the Heritage Area. 

13 (2) COMPOSITION.—The local coordinating enti14 ty shall be composed of 13 members appointed by 

15 the governing authority of each parish within the 

16 Heritage Area. 

17 SEC. 214. AUTHORITIES AND DUTIES OF THE LOCAL CO18 ORDINATING ENTITY. 

19 (a) AUTHORITIES.—For the purposes of developing 

20 and implementing the management plan and otherwise 

21 carrying out this subtitle, the local coordinating entity 

22 may— 

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

24 agreements with, the State, units of local govern25 ment, and private organizations; 

26 (2) hire and compensate staff; and 
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1 (3) enter into contracts for goods and services. 

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

3 (1) submit to the Secretary for approval a man4 agement plan; 

5 (2) implement the management plan, including 

6 providing assistance to units of government and oth7 ers in— 

8 (A) carrying out programs that recognize 

9 important resource values within the Heritage 

10 Area; 

11 (B) encouraging sustainable economic de12 velopment within the Heritage Area; 

13 (C) establishing and maintaining interpre14 tive sites within the Heritage Area; and 

15 (D) increasing public awareness of, and 

16 appreciation for the natural, historic, and cul17 tural resources of, the Heritage Area; 

18 (3) adopt bylaws governing the conduct of the 

19 local coordinating entity; and 

20 (4) for any year for which Federal funds are re21 ceived under this subtitle, submit to the Secretary a 

22 report that describes, for the year— 

23 (A) the accomplishments of the local co24 ordinating entity; and 
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1 (B) the expenses and income of the local 

2 coordinating entity. 

3 (c) ACQUISITION OF REAL PROPERTY.—The local co4 ordinating entity shall not use Federal funds received 

5 under this subtitle to acquire real property or an interest 

6 in real property. 

7 (d) PUBLIC MEETINGS.—The local coordinating enti8 ty shall conduct public meetings at least quarterly. 

9 SEC. 215. MANAGEMENT PLAN. 

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

11 develop a management plan for the Heritage Area that 

12 incorporates an integrated and cooperative approach to 

13 protect, interpret, and enhance the natural, scenic, cul14 tural, historic, and recreational resources of the Heritage 

15 Area. 

16 (b) CONSIDERATION OF OTHER PLANS AND AC17 TIONS.—In developing the management plan, the local co18 ordinating entity shall— 

19 (1) take into consideration State and local 

20 plans; and 

21 (2) invite the participation of residents, public 

22 agencies, and private organizations in the Heritage 

23 Area. 

24 (c) CONTENTS.—The management plan shall in25 clude— 
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1 (1) an inventory of the resources in the Herit2 age Area, including— 

3 (A) a list of property in the Heritage Area 

4 that— 

5 (i) relates to the purposes of the Her6 itage Area; and 

7 (ii) should be preserved, restored, 

8 managed, or maintained because of the sig9 nificance of the property; and 

10 (B) an assessment of cultural landscapes 

11 within the Heritage Area; 

12 (2) provisions for the protection, interpretation, 

13 and enjoyment of the resources of the Heritage Area 

14 consistent with this subtitle; 

15 (3) an interpretation plan for the Heritage 

16 Area; and 

17 (4) a program for implementation of the man18 agement plan that includes— 

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

20 government, private organizations, and public21 private partnerships to protect the resources of 

22 the Heritage Area; and 

23 (B) the identification of existing and po24 tential sources of funding for implementing the 

25 plan. 
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1 (d) SUBMISSION TO SECRETARY FOR APPROVAL.— 

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

3 the date on which funds are made available to carry 

4 out this subtitle, the local coordinating entity shall 

5 submit the management plan to the Secretary for 

6 approval. 

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

8 management plan is not submitted to the Secretary 

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

10 shall not provide any additional funding under this 

11 subtitle until a management plan for the Heritage 

12 Area is submitted to the Secretary. 

13 (e) APPROVAL.— 

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

15 receiving the management plan submitted under 

16 subsection (d)(1), the Secretary, in consultation with 

17 the State, shall approve or disapprove the manage18 ment plan. 

19 (2) ACTION FOLLOWING DISAPPROVAL.— 

20 (A) IN GENERAL.—If the Secretary dis21 approves a management plan under paragraph 

22 (1), the Secretary shall— 

23 (i) advise the local coordinating entity 

24 in writing of the reasons for the dis25 approval; 
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1 (ii) make recommendations for revi2 sions to the management plan; and 

3 (iii) allow the local coordinating entity 

4 to submit to the Secretary revisions to the 

5 management plan. 

6 (B) DEADLINE FOR APPROVAL OF REVI7 SION.—Not later than 90 days after the date on 

8 which a revision is submitted under subpara9 graph (A)(iii), the Secretary shall approve or 

10 disapprove the revision. 

11 (f) REVISION.— 

12 (1) IN GENERAL.—After approval by the Sec13 retary of a management plan, the local coordinating 

14 entity shall periodically— 

15 (A) review the management plan; and 

16 (B) submit to the Secretary, for review 

17 and approval by the Secretary, the rec18 ommendations of the local coordinating entity 

19 for any revisions to the management plan that 

20 the local coordinating entity considers to be ap21 propriate. 

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

23 available under this subtitle shall be used to imple24 ment any revision proposed by the local coordinating 
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1 entity under paragraph (1)(B) until the Secretary 

2 approves the revision. 

3 SEC. 216. REQUIREMENTS FOR INCLUSION OF PRIVATE 

4 PROPERTY. 

5 (a) NOTIFICATION AND CONSENT OF PROPERTY

6 OWNERS REQUIRED.—No privately owned property shall 

7 be preserved, conserved, or promoted by the management 

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

9 property has been notified in writing by the local coordi10 nating entity and has given written consent to the local 

11 coordinating entity for such preservation, conservation, or 

12 promotion. 

13 (b) LANDOWNER WITHDRAWAL.—Any owner of pri14 vate property included within the boundary of the Herit15 age Area shall have that private property immediately re16 moved from the boundary by submitting a written request 

17 to the local coordinating entity. 

18 SEC. 217. PRIVATE PROPERTY PROTECTION. 

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

20 this subtitle shall be construed to— 

21 (1) require any private property owner to allow 

22 public access (including Federal, State, or local gov23 ernment access) to such private property; or 
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1 (2) modify any provision of Federal, State, or 

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

3 private property. 

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

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

6 any effect on any liability under any other law, of any pri7 vate property owner with respect to any persons injured 

8 on that private property. 

9 (c) PARTICIPATION OF PRIVATE PROPERTY OWNERS

10 IN HERITAGE AREA.—Nothing in this subtitle shall be 

11 construed to require the owner of any private property lo12 cated within the boundaries of the Heritage Area to par13 ticipate in or be associated with the Heritage Area. 

14 SEC. 218. EFFECT OF SUBTITLE. 

15 Nothing in this subtitle or in establishment of the 

16 Heritage Area— 

17 (1) grants any Federal agency regulatory au18 thority over any interest in the Heritage Area, un19 less cooperatively agreed on by all involved parties; 

20 (2) modifies, enlarges, or diminishes any au21 thority of the Federal Government or a State or 

22 local government to regulate any use of land as pro23 vided for by law (including regulations) in existence 

24 on the date of enactment of this Act; 
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1 (3) grants any power of zoning or land use to 

2 the local coordinating entity; 

3 (4) imposes any environmental, occupational, 

4 safety, or other rule, standard, or permitting process 

5 that is different from those in effect on the date of 

6 enactment of this Act that would be applicable had 

7 the Heritage Area not been established; 

8 (5)(A) imposes any change in Federal environ9 mental quality standards; or 

10 (B) authorizes designation of any portion of the 

11 Heritage Area that is subject to part C of title I of 

12 the Clean Air Act (42 U.S.C. 7470 et seq.) as class 

13 1 for the purposes of that part solely by reason of 

14 the establishment of the Heritage Area; 

15 (6) authorizes any Federal or State agency to 

16 impose more restrictive water use designations, or 

17 water quality standards on uses of or discharges to, 

18 waters of the United States or waters of the State 

19 within or adjacent to the Heritage Area solely by 

20 reason of the establishment of the Heritage Area; 

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

22 rule, standard, or review procedure for permitting of 

23 facilities within or adjacent to the Heritage Area; or 
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1 (8) affects the continuing use and operation, 

2 where located on the date of enactment of this Act, 

3 of any public utility or common carrier. 

4 SEC. 219. REPORTS. 

5 For any year in which Federal funds have been made 

6 available under this subtitle, the local coordinating entity 

7 shall submit to the Secretary a report that describes— 

8 (1) the accomplishments of the local coordi9 nating entity; and 

10 (2) the expenses and income of the local coordi11 nating entity. 

12 SEC. 220. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—There is authorized to be appro14 priated to carry out this subtitle $10,000,000, to remain 

15 available until expended, of which not more than 

16 $1,000,000 may be authorized to be appropriated for any 

17 fiscal year. 

18 (b) COST-SHARING REQUIREMENT.—The Federal 

19 share of the total cost of any activity assisted under this 

20 subtitle shall be not more than 50 percent. 

21 SEC. 221. TERMINATION OF AUTHORITY. 

22 The authority of the Secretary to provide assistance 

23 to the local coordinating entity under this subtitle termi24 nates on the date that is 15 years after the date of enact25 ment of this Act. 
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1 Subtitle C—Arabia Mountain 

2 National Heritage Area 

3 SEC. 231. SHORT TITLE. 

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

5 National Heritage Area Act’’. 

6 SEC. 232. FINDINGS AND PURPOSES. 

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

8 (1) The Arabia Mountain area contains a vari9 ety of natural, cultural, historical, scenic, and rec10 reational resources that together represent distinc11 tive aspects of the heritage of the United States that 

12 are worthy of recognition, conservation, interpreta13 tion, and continuing use. 

14 (2) The best methods for managing the re15 sources of the Arabia Mountain area would be 

16 through partnerships between public and private en17 tities that combine diverse resources and active com18 munities. 

19 (3) Davidson-Arabia Mountain Nature Pre20 serve, a 535-acre park in DeKalb County, Georgia— 

21 (A) protects granite outcrop ecosystems, 

22 wetland, and pine and oak forests; and 

23 (B) includes federally-protected plant spe24 cies. 
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1 (4) Panola Mountain, a national natural land2 mark, located in the 860-acre Panola Mountain 

3 State Conservation Park, is a rare example of a 

4 pristine granite outcrop. 

5 (5) The archaeological site at Miners Creek 

6 Preserve along the South River contains documented 

7 evidence of early human activity. 

8 (6) The city of Lithonia, Georgia, and related 

9 sites of Arabia Mountain and Stone Mountain pos10 sess sites that display the history of granite mining 

11 as an industry and culture in Georgia, and the im12 pact of that industry on the United States. 

13 (7) The community of Klondike is eligible for 

14 designation as a National Historic District. 

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

16 on the National Register of Historic Places. 

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

18 follows: 

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

20 and make available for the benefit of the public the 

21 natural, cultural, historical, scenic, and recreational 

22 resources in the area that includes Arabia Mountain, 

23 Panola Mountain, Miners Creek, and other signifi24 cant sites and communities. 
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1 (2) To assist the State of Georgia and the 

2 counties of DeKalb, Rockdale, and Henry in the 

3 State in developing and implementing an integrated 

4 cultural, historical, and land resource management 

5 program to protect, enhance, and interpret the sig6 nificant resources within the heritage area. 

7 SEC. 233. DEFINITIONS. 

8 In this subtitle: 

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

10 area’’ means the Arabia Mountain National Heritage 

11 Area established by section 234(a). 

12 (2) LOCAL COORDINATING ENTITY.—The term 

13 ‘‘local coordinating entity’’ means the Arabia Moun14 tain Heritage Area Alliance or a successor of the 

15 Arabia Mountain Heritage Area Alliance. 

16 (3) MANAGEMENT PLAN.—The term ‘‘manage17 ment plan’’ means the management plan for the her18 itage area developed under section 236. 

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

20 the Secretary of the Interior. 

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

22 of Georgia. 

23 SEC. 234. ARABIA MOUNTAIN NATIONAL HERITAGE AREA. 

24 (a) ESTABLISHMENT.—There is established the Ara25 bia Mountain National Heritage Area in the State. 
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1 (b) BOUNDARIES.—The heritage area shall consist of 

2 certain parcels of land in the counties of DeKalb, 

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

4 on the map entitled ‘‘Arabia Mountain National Heritage 

5 Area’’, numbered AMNHA–80,000, and dated October 

6 2003. 

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

8 and available for public inspection in the appropriate of9 fices of the National Park Service. 

10 (d) LOCAL COORDINATING ENTITY.—The Arabia 

11 Mountain Heritage Area Alliance shall be the local coordi12 nating entity for the heritage area. 

13 SEC. 235. AUTHORITIES AND DUTIES OF THE LOCAL CO14 ORDINATING ENTITY. 

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

16 implementing the management plan, the local coordinating 

17 entity may— 

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

19 agreements with, the State, political subdivisions of 

20 the State, and private organizations; 

21 (2) hire and compensate staff; and 

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

23 (b) DUTIES.— 

24 (1) MANAGEMENT PLAN.— 
30 

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1 (A) IN GENERAL.—The local coordinating 

2 entity shall develop and submit to the Secretary 

3 the management plan. 

4 (B) CONSIDERATIONS.—In developing and 

5 implementing the management plan, the local 

6 coordinating entity shall consider the interests 

7 of diverse governmental, business, and non8 profit groups within the heritage area. 

9 (2) PRIORITIES.—The local coordinating entity 

10 shall give priority to implementing actions described 

11 in the management plan, including the following: 

12 (A) Assisting units of government and 

13 nonprofit organizations in preserving resources 

14 within the heritage area. 

15 (B) Encouraging local governments to 

16 adopt land use policies consistent with the man17 agement of the heritage area and the goals of 

18 the management plan. 

19 (3) PUBLIC MEETINGS.—The local coordinating 

20 entity shall conduct public meetings at least quar21 terly on the implementation of the management 

22 plan. 

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

24 Federal funds have been made available under this 

25 subtitle, the local coordinating entity shall submit to 
31 

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1 the Secretary an annual report that describes the 

2 following: 

3 (A) The accomplishments of the local co4 ordinating entity. 

5 (B) The expenses and income of the local 

6 coordinating entity. 

7 (5) AUDIT.—The local coordinating entity 

8 shall— 

9 (A) make available to the Secretary for 

10 audit all records relating to the expenditure of 

11 Federal funds and any matching funds; and 

12 (B) require, with respect to all agreements 

13 authorizing expenditure of Federal funds by 

14 other organizations, that the receiving organiza15 tions make available to the Secretary for audit 

16 all records concerning the expenditure of those 

17 funds. 

18 (c) USE OF FEDERAL FUNDS.— 

19 (1) IN GENERAL.—The local coordinating entity 

20 shall not use Federal funds made available under 

21 this subtitle to acquire real property or an interest 

22 in real property. 

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

24 precludes the local coordinating entity from using 

25 Federal funds made available under other Federal 
32 

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1 laws for any purpose for which the funds are author2 ized to be used. 

3 SEC. 236. MANAGEMENT PLAN. 

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

5 develop a management plan for the heritage area that in6 corporates an integrated and cooperative approach to pro7 tect, interpret, and enhance the natural, cultural, histor8 ical, scenic, and recreational resources of the heritage 

9 area. 

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

11 the preferred concept in the document entitled ‘‘Arabia 

12 Mountain National Heritage Area Feasibility Study’’, 

13 dated February 28, 2001. 

14 (c) CONSIDERATION OF OTHER PLANS AND AC15 TIONS.—The management plan shall— 

16 (1) take into consideration State and local 

17 plans; and 

18 (2) involve residents, public agencies, and pri19 vate organizations in the heritage area. 

20 (d) REQUIREMENTS.—The management plan shall 

21 include the following: 

22 (1) An inventory of the resources in the herit23 age area, including— 

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

25 that— 
33 

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1 (i) relates to the purposes of the herit2 age area; and 

3 (ii) should be preserved, restored, 

4 managed, or maintained because of the sig5 nificance of the property; and 

6 (B) an assessment of cultural landscapes 

7 within the heritage area. 

8 (2) Provisions for the protection, interpretation, 

9 and enjoyment of the resources of the heritage area 

10 consistent with the purposes of this subtitle. 

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

12 (4) A program for implementation of the man13 agement plan that includes— 

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

15 government, private organizations, and public16 private partnerships to protect the resources of 

17 the heritage area; and 

18 (B) the identification of existing and po19 tential sources of funding for implementing the 

20 plan. 

21 (5) A description and evaluation of the local co22 ordinating entity, including the membership and or23 ganizational structure of the local coordinating enti24 ty. 

25 (e) SUBMISSION TO SECRETARY FOR APPROVAL.— 
34 

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

2 the date on which funds are made available to carry 

3 out this subtitle, the local coordinating entity shall 

4 submit the management plan to the Secretary for 

5 approval. 

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

7 management plan is not submitted to the Secretary 

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

9 shall not provide any additional funding under this 

10 subtitle until such date as a management plan for 

11 the heritage area is submitted to the Secretary. 

12 (f) APPROVAL AND DISAPPROVAL OF MANAGEMENT

13 PLAN.— 

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

15 receiving the management plan submitted under 

16 subsection (e), the Secretary, in consultation with 

17 the State, shall approve or disapprove the manage18 ment plan. 

19 (2) ACTION FOLLOWING DISAPPROVAL.— 

20 (A) REVISION.—If the Secretary dis21 approves a management plan submitted under 

22 paragraph (1), the Secretary shall— 

23 (i) advise the local coordinating entity 

24 in writing of the reasons for the dis25 approval; 
35 

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1 (ii) make recommendations for revi2 sions to the management plan; and 

3 (iii) allow the local coordinating entity 

4 to submit to the Secretary revisions to the 

5 management plan. 

6 (B) DEADLINE FOR APPROVAL OF REVI7 SION.—Not later than 90 days after the date on 

8 which a revision is submitted under subpara9 graph (A)(iii), the Secretary shall approve or 

10 disapprove the revision. 

11 (g) REVISION OF MANAGEMENT PLAN.— 

12 (1) IN GENERAL.—After approval by the Sec13 retary of a management plan, the local coordinating 

14 entity shall periodically— 

15 (A) review the management plan; and 

16 (B) submit to the Secretary, for review 

17 and approval by the Secretary, the rec18 ommendations of the local coordinating entity 

19 for any revisions to the management plan that 

20 the local coordinating entity considers to be ap21 propriate. 

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

23 available under this subtitle shall be used to imple24 ment any revision proposed by the local coordinating 
36 

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1 entity under paragraph (1)(B) until the Secretary 

2 approves the revision. 

3 SEC. 237. TECHNICAL AND FINANCIAL ASSISTANCE. 

4 (a) IN GENERAL.—At the request of the local coordi5 nating entity, the Secretary may provide technical and fi6 nancial assistance to the heritage area to develop and im7 plement the management plan. 

8 (b) PRIORITY.—In providing assistance under sub9 section (a), the Secretary shall give priority to actions that 

10 facilitate— 

11 (1) the conservation of the significant natural, 

12 cultural, historical, scenic, and recreational resources 

13 that support the purposes of the heritage area; and 

14 (2) the provision of educational, interpretive, 

15 and recreational opportunities that are consistent 

16 with the resources and associated values of the herit17 age area. 

18 SEC. 238. EFFECT ON CERTAIN AUTHORITY. 

19 (a) OCCUPATIONAL, SAFETY, CONSERVATION, AND

20 ENVIRONMENTAL REGULATION.—Nothing in this sub21 title— 

22 (1) imposes an occupational, safety, conserva23 tion, or environmental regulation on the heritage 

24 area that is more stringent than the regulations that 

25 would be applicable to the land described in section 
37 

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1 234(b) but for the establishment of the heritage area 

2 by section 234(a); or 

3 (2) authorizes a Federal agency to promulgate 

4 an occupational, safety, conservation, or environ5 mental regulation for the heritage area that is more 

6 stringent than the regulations applicable to the land 

7 described in section 234(b) as of the date of enact8 ment of this Act, solely as a result of the establish9 ment of the heritage area by section 234(a). 

10 (b) LAND USE REGULATION.—Nothing in this sub11 title— 

12 (1) modifies, enlarges, or diminishes any au13 thority of the Federal Government or a State or 

14 local government to regulate any use of land as pro15 vided for by law (including regulations) in existence 

16 on the date of enactment of this Act; or 

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

18 local coordinating entity. 

19 SEC. 239. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) IN GENERAL.—There is authorized to be appro21 priated to carry out this subtitle $10,000,000, to remain 

22 available until expended, of which not more than 

23 $1,000,000 may be authorized to be appropriated for any 

24 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 subtitle shall not exceed 50 percent. 

4 SEC. 240. TERMINATION OF AUTHORITY. 

5 The authority of the Secretary to provide assistance 

6 under this subtitle terminates on the date that is 15 years 

7 after the date of enactment of this Act. 

8 Subtitle D—Mormon Pioneer 

9 National Heritage Area 

10 SEC. 251. SHORT TITLE. 

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

12 National Heritage Area Act’’. 

13 SEC. 252. FINDINGS AND PURPOSE. 

14 (a) FINDINGS.—Congress finds that— 

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

16 legacies of Mormon colonization and settlement are 

17 nationally significant; 

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

19 corridor at the Arizona border, passing through 

20 Kane, Garfield, Piute, Sevier, Wayne, and Sanpete 

21 Counties in the State of Utah, and terminating in 

22 Fairview, Utah, there are a variety of heritage re23 sources that demonstrate— 

24 (A) the colonization of the western United 

25 States; and 
39 

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1 (B) the expansion of the United States as 

2 a major world power; 

3 (3) the great relocation to the western United 

4 States was facilitated by— 

5 (A) the 1,400–mile trek from Illinois to the 

6 Great Salt Lake by the Mormon pioneers; and 

7 (B) the subsequent colonization effort in 

8 Nevada, Utah, the southeast corner of Idaho, 

9 the southwest corner of Wyoming, large areas 

10 of southeastern Oregon, much of southern Cali11 fornia, and areas along the eastern border of 

12 California; 

13 (4) the 250-mile Highway 89 corridor from 

14 Kanab to Fairview, Utah, contains some of the best 

15 features of the Mormon colonization experience in 

16 the United States; 

17 (5) the landscape, architecture, traditions, be18 liefs, folk life, products, and events along Highway 

19 89 convey the heritage of the pioneer settlement; 

20 (6) the Boulder Loop, Capitol Reef National 

21 Park, Zion National Park, Bryce Canyon National 

22 Park, and the Highway 89 area convey the compel23 ling story of how early settlers— 

24 (A) interacted with Native Americans; and 
40 

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1 (B) established towns and cities in a 

2 harsh, yet spectacular, natural environment; 

3 (7) the colonization and settlement of the Mor4 mon settlers opened up vast amounts of natural re5 sources, including coal, uranium, silver, gold, and 

6 copper; 

7 (8) the Mormon colonization played a signifi8 cant role in the history and progress of the develop9 ment and settlement of the western United States; 

10 and 

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

12 farmers, ranchers, loggers, miners, historic land13 scape, customs, national parks, and architecture in 

14 the Heritage Area make the Heritage Area unique. 

15 (b) PURPOSE.—The purpose of this subtitle is to es16 tablish the Heritage Area to— 

17 (1) foster a close working relationship with all 

18 levels of government, the private sector, residents, 

19 business interests, and local communities in the 

20 State; 

21 (2) empower communities in the State to con22 serve, preserve, and enhance the heritage of the 

23 communities while strengthening future economic 

24 opportunities; 
41 

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1 (3) conserve, interpret, and develop the histor2 ical, cultural, natural, and recreational resources 

3 within the Heritage Area; and 

4 (4) expand, foster, and develop heritage busi5 nesses and products relating to the cultural heritage 

6 of the Heritage Area. 

7 SEC. 253. DEFINITIONS. 

8 In this subtitle: 

9 (1) ALLIANCE.—The term ‘‘Alliance’’ means 

10 the Utah Heritage Highway 89 Alliance. 

11 (2) HERITAGE AREA.—The term ‘‘Heritage 

12 Area’’ means the Mormon Pioneer National Herit13 age Area established by section 254(a). 

14 (3) LOCAL COORDINATING ENTITY.—The term 

15 ‘‘local coordinating entity’’ means the local coordi16 nating entity for the Heritage Area designated by 

17 section 255(a). 

18 (4) MANAGEMENT PLAN.—The term ‘‘manage19 ment plan’’ means the plan developed by the local 

20 coordinating entity under section 256(a). 

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

22 the Secretary of the Interior. 

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

24 of Utah. 
42 

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1 SEC. 254. MORMON PIONEER NATIONAL HERITAGE AREA. 

2 (a) ESTABLISHMENT.—There is established the Mor3 mon Pioneer National Heritage Area. 

4 (b) BOUNDARIES.— 

5 (1) IN GENERAL.—The boundaries of the Herit6 age Area shall include areas in the State — 

7 (A) that are related to the corridors— 

8 (i) from the Arizona border northward 

9 through Kanab, Utah, and to the intersec10 tion of Highway 89 and Highway 12, in11 cluding Highway 12 and Highway 24 as 

12 those highways loop off Highway 89 and 

13 rejoin Highway 89 at Sigurd; 

14 (ii) from Highway 89 at the intersec15 tion of Highway 12 through Panguitch, 

16 Junction, Marysvale, and Sevier County to 

17 Sigurd; 

18 (iii) continuing northward along High19 way 89 through Axtell and Sterling, 

20 Sanpete County, to Fairview, Sanpete 

21 County, at the junction with Utah High22 way 31; and 

23 (iv) continuing northward along High24 way 89 through Fairview and Thistle 

25 Junction, to the junction with Highway 6; 

26 and 
43 

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1 (B) including the following communities: 

2 Kanab, Mt. Carmel, Orderville, Glendale, Alton, 

3 Cannonville, Tropic, Henrieville, Escalante, 

4 Boulder, Teasdale, Fruita, Hanksville, Torrey, 

5 Bicknell, Loa, Hatch, Panquitch, Circleville, 

6 Antimony, Junction, Marysvale, Koosharem, 

7 Sevier, Joseph, Monroe, Elsinore, Richfield, 

8 Glenwood, Sigurd, Aurora, Salina, Mayfield, 

9 Sterling, Gunnison, Fayette, Manti, Ephraim, 

10 Spring City, Mt. Pleasant, Moroni, Fountain 

11 Green, and Fairview. 

12 (2) MAP.—The Secretary shall prepare a map 

13 of the Heritage Area, which shall be on file and 

14 available for public inspection in the office of the Di15 rector of the National Park Service. 

16 (3) NOTICE TO LOCAL GOVERNMENTS.—The 

17 local coordinating entity shall provide to the govern18 ment of each city, town, and county that has juris19 diction over property proposed to be included in the 

20 Heritage Area written notice of the proposed inclu21 sion. 

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

23 administered in accordance with this subtitle. 
44 

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1 SEC. 255. DESIGNATION OF ALLIANCE AS LOCAL COORDI2 NATING ENTITY. 

3 (a) IN GENERAL.—The Board of Directors of the Al4 liance shall be the local coordinating entity for the Herit5 age Area. 

6 (b) FEDERAL FUNDING.— 

7 (1) AUTHORIZATION TO RECEIVE FUNDS.—The 

8 local coordinating entity may receive amounts made 

9 available to carry out this subtitle. 

10 (2) DISQUALIFICATION.—If a management plan 

11 is not submitted to the Secretary as required under 

12 section 256 within the time period specified in that 

13 section, the local coordinating entity may not receive 

14 Federal funding under this subtitle until a manage15 ment plan is submitted to the Secretary. 

16 (c) USE OF FEDERAL FUNDS.—The local coordi17 nating entity may, for the purposes of developing and im18 plementing the management plan, use Federal funds made 

19 available under this subtitle— 

20 (1) to make grants to the State, political sub21 divisions of the State, nonprofit organizations, and 

22 other persons; 

23 (2) to enter into cooperative agreements with or 

24 provide technical assistance to the State, political 

25 subdivisions of the State, nonprofit organizations, 

26 and other organizations; 
45 

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1 (3) to hire and compensate staff; 

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

3 program or law requiring the recipient of funds to 

4 make a contribution in order to receive the funds; 

5 and 

6 (5) to contract for goods and services. 

7 (d) PROHIBITION OF ACQUISITION OF REAL PROP8 ERTY.—The local coordinating entity shall not use Federal 

9 funds received under this subtitle to acquire real property 

10 or any interest in real property. 

11 SEC. 256. MANAGEMENT OF THE HERITAGE AREA. 

12 (a) HERITAGE AREA MANAGEMENT PLAN.— 

13 (1) DEVELOPMENT AND SUBMISSION FOR RE14 VIEW.—Not later than 3 years after the date on 

15 which funds are made available to carry out the sub16 title, the local coordinating entity, with public par17 ticipation, shall develop and submit for review to the 

18 Secretary a management plan for the Heritage Area. 

19 (2) CONTENTS.—The management plan shall— 

20 (A) present comprehensive recommenda21 tions for the conservation, funding, manage22 ment, and development of the Heritage Area; 

23 (B) take into consideration Federal, State, 

24 county, and local plans; 
46 

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1 (C) involve residents, public agencies, and 

2 private organizations in the Heritage Area; 

3 (D) include a description of actions that 

4 units of government and private organizations 

5 are recommended to take to protect the re6 sources of the Heritage Area; 

7 (E) specify existing and potential sources 

8 of Federal and non-Federal funding for the 

9 conservation, management, and development of 

10 the Heritage Area; and 

11 (F) include— 

12 (i) an inventory of resources in the 

13 Heritage Area that— 

14 (I) includes a list of property in 

15 the Heritage Area that should be con16 served, restored, managed, developed, 

17 or maintained because of the histor18 ical, cultural, or natural significance 

19 of the property as the property relates 

20 to the themes of the Heritage Area; 

21 and 

22 (II) does not include any prop23 erty that is privately owned unless the 

24 owner of the property consents in 

25 writing to the inclusion; 
47 

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1 (ii) a recommendation of policies for 

2 resource management that consider the ap3 plication of appropriate land and water 

4 management techniques, including policies 

5 for the development of intergovernmental 

6 cooperative agreements to manage the his7 torical, cultural, and natural resources and 

8 recreational opportunities of the Heritage 

9 Area in a manner that is consistent with 

10 the support of appropriate and compatible 

11 economic viability; 

12 (iii) a program for implementation of 

13 the management plan, including plans for 

14 restoration and construction; 

15 (iv) a description of any commitments 

16 that have been made by persons interested 

17 in management of the Heritage Area; 

18 (v) an analysis of means by which 

19 Federal, State, and local programs may 

20 best be coordinated to promote the pur21 poses of this subtitle; and 

22 (vi) an interpretive plan for the Herit23 age Area. 

24 (3) APPROVAL OR DISAPPROVAL OF THE MAN25 AGEMENT PLAN.— 
48 

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1 (A) IN GENERAL.—Not later than 180 

2 days after submission of the management plan 

3 by the local coordinating entity, the Secretary 

4 shall approve or disapprove the management 

5 plan. 

6 (B) DISAPPROVAL AND REVISIONS.— 

7 (i) IN GENERAL.—If the Secretary 

8 disapproves the management plan, the Sec9 retary shall— 

10 (I) advise the local coordinating 

11 entity, in writing, of the reasons for 

12 the disapproval; and 

13 (II) make recommendations for 

14 revision of the management plan. 

15 (ii) APPROVAL OR DISAPPROVAL.— 

16 The Secretary shall approve or disapprove 

17 proposed revisions to the management plan 

18 not later than 60 days after receipt of the 

19 revisions from the local coordinating entity. 

20 (b) PRIORITIES.—The local coordinating entity shall 

21 give priority to the implementation of actions, goals, and 

22 policies set forth in the management plan, including— 

23 (1) assisting units of government, regional plan24 ning organizations, and nonprofit organizations in— 
49 

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1 (A) conserving the historical, cultural, and 

2 natural resources of the Heritage Area; 

3 (B) establishing and maintaining interpre4 tive exhibits in the Heritage Area; 

5 (C) developing recreational opportunities in 

6 the Heritage Area; 

7 (D) increasing public awareness of and ap8 preciation for the historical, cultural, and nat9 ural resources of the Heritage Area; 

10 (E) restoring historic buildings that are— 

11 (i) located within the boundaries of 

12 the Heritage Area; and 

13 (ii) related to the theme of the Herit14 age Area; and 

15 (F) ensuring that clear, consistent, and en16 vironmentally appropriate signs identifying ac17 cess points and sites of interest are put in place 

18 throughout the Heritage Area; and 

19 (2) consistent with the goals of the manage20 ment plan, encouraging economic viability in the af21 fected communities by appropriate means, including 

22 encouraging and soliciting the development of herit23 age products. 

24 (c) CONSIDERATION OF INTERESTS OF LOCAL

25 GROUPS.—In developing and implementing the manage-
50 

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1 ment plan, the local coordinating entity shall consider the 

2 interests of diverse units of government, businesses, pri3 vate property owners, and nonprofit organizations in the 

4 Heritage Area. 

5 (d) PUBLIC MEETINGS.—The local coordinating enti6 ty shall conduct public meetings at least annually regard7 ing the implementation of the management plan. 

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

9 the local coordinating entity receives Federal funds under 

10 this subtitle, the local coordinating entity shall submit to 

11 the Secretary an annual report that describes— 

12 (1) the accomplishments of the local coordi13 nating entity; 

14 (2) the expenses and income of the local coordi15 nating entity; and 

16 (3) the entities to which the local coordinating 

17 entity made any grants during the year for which 

18 the report is made. 

19 (f) COOPERATION WITH AUDITS.—For any fiscal 

20 year in which the local coordinating entity receives Federal 

21 funds under this subtitle, the local coordinating entity 

22 shall— 

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

24 Secretary, and appropriate units of government all 

25 records and other information relating to the ex-
51 

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1 penditure of the Federal funds and any matching 

2 funds; and 

3 (2) require, with respect to all agreements au4 thorizing expenditure of the Federal funds by other 

5 organizations, that the receiving organizations make 

6 available for audit all records and other information 

7 relating to the expenditure of the Federal funds. 

8 (g) DELEGATION.— 

9 (1) IN GENERAL.—The local coordinating entity 

10 may delegate the responsibilities and actions under 

11 this subtitle for each area identified in section 

12 254(b)(1). 

13 (2) REVIEW.—All delegated responsibilities and 

14 actions are subject to review and approval by the 

15 local coordinating entity. 

16 SEC. 257. DUTIES AND AUTHORITIES OF FEDERAL AGEN17 CIES. 

18 (a) TECHNICAL ASSISTANCE AND GRANTS.— 

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

20 technical assistance and, subject to the availability 

21 of appropriations, grants to— 

22 (A) units of government, nonprofit organi23 zations, and other persons, at the request of the 

24 local coordinating entity; and 
52 

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

2 developing and implementing the management 

3 plan. 

4 (2) PROHIBITION OF CERTAIN REQUIRE5 MENTS.—The Secretary may not, as a condition of 

6 the award of technical assistance or grants under 

7 this subtitle, require any recipient of the technical 

8 assistance or a grant to enact or modify any land 

9 use restriction. 

10 (3) DETERMINATIONS REGARDING ASSIST11 ANCE.—The Secretary shall determine whether a 

12 unit of government, nonprofit organization, or other 

13 person shall be awarded technical assistance or 

14 grants and the amount of technical assistance— 

15 (A) based on the extent to which the as16 sistance— 

17 (i) fulfills the objectives of the man18 agement plan; and 

19 (ii) achieves the purposes of this sub20 title; and 

21 (B) after giving special consideration to 

22 projects that provide a greater leverage of Fed23 eral funds. 

24 (b) PROVISION OF INFORMATION.—In cooperation 

25 with other Federal agencies, the Secretary shall provide 
53 

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1 the public with information concerning the location and 

2 character of the Heritage Area. 

3 (c) OTHER ASSISTANCE.—The Secretary may enter 

4 into cooperative agreements with public and private orga5 nizations for the purposes of implementing this subtitle. 

6 (d) DUTIES OF OTHER FEDERAL AGENCIES.—A 

7 Federal entity conducting any activity directly affecting 

8 the Heritage Area shall— 

9 (1) consider the potential effect of the activity 

10 on the management plan; and 

11 (2) consult with the local coordinating entity 

12 with respect to the activity to minimize the adverse 

13 effects of the activity on the Heritage Area. 

14 SEC. 258. NO EFFECT ON LAND USE AUTHORITY AND PRI15 VATE PROPERTY. 

16 (a) NO EFFECT ON LAND USE AUTHORITY.—Noth17 ing in this subtitle modifies, enlarges, or diminishes any 

18 authority of Federal, State, or local government to regu19 late any use of land under any other law (including regula20 tions). 

21 (b) NO ZONING OR LAND USE POWERS.—Nothing 

22 in this subtitle grants powers of zoning or land use control 

23 to the local coordinating entity. 
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1 (c) LOCAL AUTHORITY AND PRIVATE PROPERTY

2 NOT AFFECTED.—Nothing in this subtitle affects or au3 thorizes the local coordinating entity to interfere with— 

4 (1) the right of any person with respect to pri5 vate property; or 

6 (2) any local zoning ordinance or land use plan 

7 of the State or a political subdivision of the State. 

8 SEC. 259. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—There is authorized to be appro10 priated to carry out this subtitle $10,000,000, to remain 

11 available until expended, of which not more than 

12 $1,000,000 may be authorized to be appropriated for any 

13 fiscal year. 

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

15 of any activity carried out using funds made available 

16 under this subtitle shall not exceed 50 percent. 

17 SEC. 260. TERMINATION OF AUTHORITY. 

18 The authority of the Secretary to provide assistance 

19 under this subtitle terminates on the date that is 15 years 

20 after the date of enactment of this Act. 

21 Subtitle E—Bleeding Kansas 

22 National Heritage Area 

23 SEC. 261. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Bleeding Kansas 

25 National Heritage Area Act’’. 
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1 SEC. 262. FINDINGS AND PURPOSE. 

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

3 (1) The Bleeding Kansas National Heritage 

4 Area is a cohesive assemblage of natural, historic, 

5 cultural, and recreational resources that— 

6 (A) together represent distinctive aspects 

7 of American heritage worthy of recognition, 

8 conservation, interpretation, and continuing 

9 use; 

10 (B) are best managed through partner11 ships between private and public entities; and 

12 (C) will build upon the Kansas rural devel13 opment policy and the new homestead act to 

14 recognize inherent strengths of small towns and 

15 rural communities—close-knit communities, 

16 strong local business networks, and a tradition 

17 of entrepreneurial creativity. 

18 (2) The Bleeding Kansas National Heritage 

19 Area reflects traditions, customs, beliefs, folk life, or 

20 some combination thereof, that are a valuable part 

21 of the heritage of the United States. 

22 (3) The Bleeding Kansas National Heritage 

23 Area provides outstanding opportunities to conserve 

24 natural, cultural, or historic features, or some com25 bination thereof. 
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1 (4) The Bleeding Kansas National Heritage 

2 Area provides outstanding recreational and interpre3 tive opportunities. 

4 (5) The Bleeding Kansas National Heritage 

5 Area has an identifiable theme, and resources impor6 tant to the theme retain integrity capable of sup7 porting interpretation. 

8 (6) Residents, nonprofit organizations, other 

9 private entities, and units of local government 

10 throughout the Bleeding Kansas National Heritage 

11 Area demonstrate support for designation of the 

12 Bleeding Kansas National Heritage Area as a na13 tional heritage area and for management of the 

14 Bleeding Kansas National Heritage Area as appro15 priate for such designation. 

16 (7) Capturing these interconnected stories 

17 through partnerships with National Park Service 

18 sites, Kansas State Historical Society sites, local or19 ganizations, and citizens will augment the story op20 portunities within the prospective boundary for the 

21 educational and recreational benefit of this and fu22 ture generations of Americans. 

23 (8) Communities throughout this region know 

24 the value of their Bleeding Kansas legacy, but re25 quire expansion of the existing cooperative frame-
57 

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1 work to achieve key preservation, education, and 

2 other significant goals by working more closely to3 gether. 

4 (9) The State of Kansas officially recognized 

5 the national significance of the Bleeding Kansas 

6 story when it designated the heritage area develop7 ment as a significant strategic goal within the state8 wide economic development plan. 

9 (10) Territorial Kansas Heritage Alliance is a 

10 nonprofit corporation created for the purposes of 

11 preserving, interpreting, developing, promoting and, 

12 making available to the public the story and re13 sources related to the story of Bleeding Kansas and 

14 the Enduring Struggle for Freedom. 

15 (11) Territorial Kansas Heritage Alliance has 

16 completed a study that— 

17 (A) describes in detail the role, operation, 

18 financing, and functions of Territorial Kansas 

19 Heritage Alliance, the local coordinating entity; 

20 and 

21 (B) provides adequate assurances that 

22 Territorial Kansas Heritage Alliance, the local 

23 coordinating entity, is likely to have the finan24 cial resources necessary to implement the man25 agement plan for the Heritage Area, including 
58 

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1 resources to meet matching requirement for 

2 grants. 

3 (12) There are at least 7 National Historic 

4 Landmarks, 32 National Register properties, 3 Kan5 sas Register properties, and 7 properties listed on 

6 the National Underground Railroad Network to 

7 Freedom that contribute to the Heritage Area as 

8 well as other significant properties that have not 

9 been designated at this time. 

10 (13) There is an interest in interpreting all 

11 sides of the Bleeding Kansas story that requires fur12 ther work with several counties in Missouri inter13 ested in joining the area. 

14 (14) In 2004, the State of Kansas commemo15 rated the Sesquicentennial of the signing of the 

16 Kansas-Nebraska Act, opening the territory to set17 tlement. 

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

19 follows: 

20 (1) To designate a region in eastern Kansas 

21 and western Missouri containing nationally impor22 tant natural, historic, and cultural resources and 

23 recreational and educational opportunities that are 

24 geographically assembled and thematically related as 

25 areas that provide unique frameworks for under-
59 

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1 standing the great and diverse character of the 

2 United States and the development of communities 

3 and their surroundings as the Bleeding Kansas Na4 tional Heritage Area. 

5 (2) To strengthen, complement, and support 

6 the Fort Scott, Brown v. Board of Education, 

7 Nicodemus and Tallgrass Prairie sites through the 

8 interpretation and conservation of the associated liv9 ing landscapes outside of the boundaries of these 

10 units of the National Park System. 

11 (3) To describe the extent of Federal respon12 sibilities and duties in regard to the Heritage Area. 

13 (4) To further collaboration and partnerships 

14 among Federal, State, and local governments, non15 profit organizations, and the private sector, or com16 binations thereof, to conserve and manage the re17 sources and opportunities in the Heritage Area 

18 through grants, technical assistance, training and 

19 other means. 

20 (5) To authorize Federal financial and technical 

21 assistance to the local coordinating entity to assist 

22 in the conservation and interpretation of the Herit23 age Area. 

24 (6) To empower communities and organizations 

25 in Kansas to preserve the special historic identity of 
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1 Bleeding Kansas and with it the identity of the Na2 tion. 

3 (7) To provide for the management, preserva4 tion, protection, and interpretation of the natural, 

5 historical, and cultural resources within the region 

6 for the educational and inspirational benefit of cur7 rent and future generations. 

8 (8) To provide greater community capacity 

9 through inter-local cooperation. 

10 (9) To provide a vehicle, particularly in the four 

11 counties with high out-migration of population, to 

12 recognize that self-reliance and resilience will be the 

13 keys to their economic future. 

14 (10) To build upon the Kansas rural develop15 ment policy, the Kansas agritourism initiative and 

16 the new homestead act to recognize inherent 

17 strengths of small towns and rural communities— 

18 close-knit communities, strong local business net19 works, and a tradition of entrepreneurial creativity. 

20 (11) To educate and cultivate among its citi21 zens, particularly its youth, the stories and cultural 

22 resources of the region’s legacy that— 

23 (A) reflect the popular phrase ‘‘Bleeding 

24 Kansas’’ describing the conflict over slavery 
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1 that became nationally prominent in Kansas 

2 just before and during the American Civil War; 

3 (B) reflect the commitment of American 

4 settlers who first fought and killed to uphold 

5 their different and irreconcilable principles of 

6 freedom and equality during the years of the 

7 Kansas Conflict; 

8 (C) reflect the struggle for freedom, experi9 enced during the ‘‘Bleeding Kansas’’ era, that 

10 continues to be a vital and pressing issue asso11 ciated with the real problem of democratic na12 tion building; and 

13 (D) recreate the physical environment re14 vealing its impact on agriculture, transpor15 tation, trade and business, and social and cul16 tural patterns in urban and rural settings. 

17 (12) To interpret the effect of the era’s demo18 cratic ethos on the development of America’s distinc19 tive political culture. 

20 SEC. 263. DEFINITIONS. 

21 In this subtitle: 

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

23 Area’’ means the Bleeding Kansas and the Enduring 

24 Struggle for Freedom National Heritage Area in 

25 eastern Kansas and western Missouri. 
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1 (2) LOCAL COORDINATING ENTITY.—The term 

2 ‘‘local coordinating entity’’ means Territorial Kansas 

3 Heritage Alliance, recognized by the Secretary, in 

4 consultation with the Governors of the States, that 

5 agrees to perform the duties of a local coordinating 

6 entity under this subtitle. 

7 (3) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the management plan for the 

9 Heritage Area developed under section 264(e). 

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

11 the Secretary of the Interior. 

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

13 the States of Kansas and Missouri. 

14 (6) UNIT OF LOCAL GOVERNMENT.—The term 

15 ‘‘unit of local government’’ means the government of 

16 a State, a political subdivision of a State, or an In17 dian tribe. 

18 SEC. 264. BLEEDING KANSAS AND THE ENDURING STRUG19 GLE FOR FREEDOM NATIONAL HERITAGE 

20 AREA. 

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

22 States the Bleeding Kansas and the Enduring Struggle 

23 for Freedom National Heritage Area. 

24 (b) BOUNDARIES.—The Heritage Area may include 

25 the following: 
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1 (1) An area located in eastern Kansas and 

2 western Missouri, consisting of— 

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

4 Chantauqua, Cherokee, Clay, Coffey, Crawford, 

5 Douglas, Franklin, Geary, Jackson, Johnson, 

6 Labette, Leavenworth, Linn, Miami, Neosho, 

7 Pottawatomie, Riley, Shawnee, Wabaunsee, Wil8 son, Woodson, Wyandotte Counties in Kansas; 

9 and 

10 (B) Buchanan, Platte, Clay, Ray, Lafay11 ette, Jackson, Cass, Johnson, Bates, Vernon, 

12 Barton, and Jasper Counties in Missouri. 

13 (2) Contributing sites, buildings, and districts 

14 within the area that are recommended by the man15 agement plan. 

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

17 within the counties identified in subsection (b)(1) shall be 

18 specified in the management plan. A map of the Heritage 

19 Area shall be included in the management plan. The map 

20 shall be on file in the appropriate offices of the National 

21 Park Service, Department of the Interior. 

22 (d) LOCAL COORDINATING ENTITY.— 

23 (1) IN GENERAL.—The local coordinating entity 

24 for the Heritage Area shall be Territorial Kansas 

25 Heritage Alliance, a nonprofit organization estab-
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1 lished in the State of Kansas, recognized by the Sec2 retary, in consultation with the Governors of the 

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

4 coordinating entity under this subtitle. 

5 (2) AUTHORITIES.—For purposes of developing 

6 and implementing the management plan, the local 

7 coordinating entity may— 

8 (A) make grants to, and enter into cooper9 ative agreements with, the States, political sub10 divisions of the States, and private organiza11 tions; 

12 (B) hire and compensate staff; and 

13 (C) enter into contracts for goods and 

14 services. 

15 (e) MANAGEMENT PLAN.— 

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

17 the date on which funds are made available to carry 

18 out this subtitle, the local coordinating entity shall 

19 develop and submit to the Secretary a management 

20 plan reviewed by participating units of local govern21 ment within the boundaries of the proposed Heritage 

22 Area. 

23 (2) CONTENTS.—The management plan shall— 

24 (A) present a comprehensive program for 

25 the conservation, interpretation, funding, man-
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1 agement, and development of the Heritage 

2 Area, in a manner consistent with the existing 

3 local, State, and Federal land use laws and 

4 compatible economic viability of the Heritage 

5 Area; 

6 (B) establish criteria or standards to meas7 ure what is selected for conservation, interpre8 tation, funding, management, and development; 

9 (C) involve residents, public agencies, and 

10 private organizations working in the Heritage 

11 Area; 

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

13 of the management plan, existing and potential 

14 sources of technical and financial assistance 

15 under this and other Federal laws to protect, 

16 manage, and develop the Heritage Area; and 

17 (E) include— 

18 (i) actions to be undertaken by units 

19 of government and private organizations to 

20 protect, conserve, and interpret the re21 sources of the Heritage Area; 

22 (ii) an inventory of the resources con23 tained in the Heritage Area, including a 

24 list of any property in the Heritage Area 

25 that is related to the themes of the Herit-
66 

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1 age Area and that meets the establishing 

2 criteria (such as, but not exclusive to, vis3 itor readiness) to merit preservation, res4 toration, management, development, or 

5 maintenance because of its natural, cul6 tural, historical, or recreational signifi7 cance; 

8 (iii) policies for resource management 

9 including the development of intergovern10 mental cooperative agreements, private sec11 tor agreements, or any combination there12 of, to protect the historical, cultural, rec13 reational, and natural resources of the 

14 Heritage Area in a manner consistent with 

15 supporting appropriate and compatible eco16 nomic viability; 

17 (iv) a program for implementation of 

18 the management plan by the designated 

19 local coordinating entity, in cooperation 

20 with its partners and units of local govern21 ment; 

22 (v) evidence that relevant State, coun23 ty, and local plans applicable to the Herit24 age Area have been taken into consider25 ation; 
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1 (vi) an analysis of ways in which local, 

2 State, and Federal programs may best be 

3 coordinated to promote the purposes of 

4 this subtitle; and 

5 (vii) a business plan that— 

6 (I) describes in detail the role, 

7 operation, financing, and functions of 

8 the local coordinating entity for each 

9 activity included in the recommenda10 tions contained in the management 

11 plan; and 

12 (II) provides, to the satisfaction 

13 of the Secretary, adequate assurances 

14 that the local coordinating entity is 

15 likely to have the financial resources 

16 necessary to implement the manage17 ment plan for the Heritage Area, in18 cluding resources to meet matching 

19 requirement for grants awarded under 

20 this subtitle. 

21 (3) CONSIDERATIONS.—In developing and im22 plementing the management plan, the local coordi23 nating entity shall consider the interests of diverse 

24 governmental, business, and nonprofit groups within 

25 the Heritage Area. 
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1 (4) DISQUALIFICATION FROM FUNDING.—If a 

2 proposed management plan is not submitted to the 

3 Secretary within 3 years after the date on which 

4 funds are made available to carry out this subtitle, 

5 the local coordinating entity shall be ineligible to re6 ceive additional funding under this subtitle until the 

7 date on which the Secretary receives the proposed 

8 management plan. 

9 (5) APPROVAL AND DISAPPROVAL OF MANAGE10 MENT PLAN.—The Secretary shall approve or dis11 approve the proposed management plan submitted 

12 under this subtitle not later than 90 days after re13 ceiving such proposed management plan. 

14 (6) ACTION FOLLOWING DISAPPROVAL.—If the 

15 Secretary disapproves a proposed management plan, 

16 the Secretary shall advise the local coordinating enti17 ty in writing of the reasons for the disapproval and 

18 shall make recommendations for revisions to the pro19 posed management plan. The Secretary shall ap20 prove or disapprove a proposed revision within 90 

21 days after the date it is submitted. 

22 (7) APPROVAL OF AMENDMENTS.—The Sec23 retary shall review and approve substantial amend24 ments to the management plan. Funds appropriated 

25 under this subtitle may not be expended to imple-
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1 ment any changes made by such amendment until 

2 the Secretary approves the amendment. 

3 (8) IMPLEMENTATION.— 

4 (A) PRIORITIES.—The local coordinating 

5 entity shall give priority to implementing ac6 tions described in the mangement plan, includ7 ing— 

8 (i) assisting units of government and 

9 nonprofit organizations in preserving re10 sources within the Heritage Area; and 

11 (ii) encouraging local governments to 

12 adopt land use policies consistent with the 

13 management of the Heritage Area and the 

14 goals of the management plan. 

15 (B) PUBLIC MEETINGS.—The local coordi16 nating entity shall conduct public meetings at 

17 least quarterly on the implementation of the 

18 management plan. 

19 (f) PUBLIC NOTICE.—The local coordinating entity 

20 shall place a notice of each of its public meetings in a 

21 newspaper of general circulation in the Heritage Area and 

22 shall make the minutes of the meeting available to the 

23 public. 

24 (g) ANNUAL REPORT.—For any year in which Fed25 eral funds have been made available under this subtitle, 
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1 the local coordinating entity shall submit to the Secretary 

2 an annual report that describes— 

3 (1) the accomplishments of the local coordi4 nating entity; and 

5 (2) the expenses and income of the local coordi6 nating entity. 

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

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

9 records relating to the expenditure of Federal funds 

10 and any matching funds; and 

11 (2) require, with respect to all agreements au12 thorizing expenditure of Federal funds by other or13 ganizations, that the receiving organizations make 

14 available to the Secretary for audit all records con15 cerning the expenditure of the Federal funds and 

16 any matching funds. 

17 (i) USE OF FEDERAL FUNDS.— 

18 (1) IN GENERAL.—The local coordinating entity 

19 shall not use Federal funds made available under 

20 this subtitle to acquire real property or an interest 

21 in real property. 

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

23 precludes the local coordinating entity from using 

24 Federal funds made available under other Federal 
71 

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1 laws for any purpose for which the funds are author2 ized to be used. 

3 SEC. 265. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

4 FEDERAL AGENCIES. 

5 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

6 (1) IN GENERAL.—On the request of the local 

7 coordinating entity, the Secretary may provide tech8 nical and financial assistance for the development 

9 and implementation of the management plan. 

10 (2) PRIORITY FOR ASSISTANCE.—In providing 

11 assistance under paragraph (1), the Secretary shall 

12 give priority to actions that assist in— 

13 (A) conserving the significant cultural, his14 toric, and natural resources of the Heritage 

15 Area; and 

16 (B) providing educational, interpretive, and 

17 recreational opportunities consistent with the 

18 purposes of the Heritage Area. 

19 (3) SPENDING FOR NON-FEDERAL PROPERTY.— 

20 The local coordinating entity may expend Federal 

21 funds made available under this subtitle on non-Fed22 eral property that— 

23 (A) meets the criteria in the approved 

24 management plan; or 
72 

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

2 National Register of Historic Places. 

3 (4) OTHER ASSISTANCE.—The Secretary may 

4 enter into cooperative agreements with public and 

5 private organizations to carry out this subsection. 

6 (b) OTHER FEDERAL AGENCIES.—Any Federal enti7 ty conducting or supporting an activity that directly af8 fects the Heritage Area shall— 

9 (1) consider the potential effect of the activity 

10 on the purposes of the Heritage Area and the man11 agement plan; 

12 (2) consult with the local coordinating entity re13 garding the activity; and 

14 (3) to the maximum extent practicable, conduct 

15 or support the activity to avoid adverse effects on 

16 the Heritage Area. 

17 (c) OTHER ASSISTANCE NOT AFFECTED.—This sub18 title does not affect the authority of any Federal official 

19 to provide technical or financial assistance under any 

20 other law. 

21 (d) NOTIFICATION OF OTHER FEDERAL ACTIVI22 TIES.—The head of each Federal agency shall provide to 

23 the Secretary and the local coordinating entity, to the ex24 tent practicable, advance notice of all activities that may 

25 have an impact on the Heritage Area. 
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1 SEC. 266. PRIVATE PROPERTY PROTECTION. 

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

3 this subtitle shall be construed to require any private prop4 erty owner to permit public access (including Federal, 

5 State, or local government access) to such private prop6 erty. Nothing in this subtitle shall be construed to modify 

7 any provision of Federal, State, or local law with regard 

8 to public access to or use of private lands. 

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

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

11 any effect on any liability under any other law, of any pri12 vate property owner with respect to any persons injured 

13 on such private property. 

14 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

15 USE.—Nothing in this subtitle shall be construed to mod16 ify any authority of Federal, State, or local governments 

17 to regulate land use. 

18 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

19 IN HERITAGE AREAS.—Nothing in this subtitle shall be 

20 construed to require the owner of any private property lo21 cated within the boundaries of the Heritage Area to par22 ticipate in or be associated with the Heritage Area. 

23 (e) LAND USE REGULATION.— 

24 (1) IN GENERAL.—The local coordinating entity 

25 shall provide assistance and encouragement to State 

26 and local governments, private organizations, and 
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1 persons to protect and promote the resources and 

2 values of the Heritage Area. 

3 (2) EFFECT.—Nothing in this subtitle— 

4 (A) affects the authority of the State or 

5 local governments to regulate under law any use 

6 of land; or 

7 (B) grants any power of zoning or land use 

8 to the local coordinating entity. 

9 (f) PRIVATE PROPERTY.— 

10 (1) IN GENERAL.—The local coordinating entity 

11 shall be an advocate for land management practices 

12 consistent with the purposes of the Heritage Area. 

13 (2) EFFECT.—Nothing in this subtitle— 

14 (A) abridges the rights of any person with 

15 regard to private property; 

16 (B) affects the authority of the State or 

17 local government regarding private property; or 

18 (C) imposes any additional burden on any 

19 property owner. 

20 (g) REQUIREMENTS FOR INCLUSION OF PRIVATE

21 PROPERTY.— 

22 (1) NOTIFICATION AND CONSENT OF PROPERTY

23 OWNERS REQUIRED.—No privately owned property 

24 shall be governed by the management plan for the 

25 Heritage Area until the owner of that private prop-
75 

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1 erty has been notified in writing by the local coordi2 nating entity and has given written consent for such 

3 inclusion to the local coordinating entity. 

4 (2) LANDOWNER WITHDRAWAL.—Any owner of 

5 private property included within the boundary of the 

6 Heritage Area, and not notified under paragraph 

7 (1), shall have their property immediately removed 

8 from the boundary by submitting a written request 

9 to the local coordinating entity. 

10 SEC. 267. SAVINGS PROVISIONS. 

11 (a) RULES, REGULATIONS, STANDARDS, AND PER12 MIT PROCESSES.—Nothing in this subtitle shall be con13 strued to impose any environmental, occupational, safety, 

14 or other rule, regulation, standard, or permit process in 

15 the Heritage Area that is different from those that would 

16 be applicable if the Heritage Area had not been estab17 lished. 

18 (b) WATER AND WATER RIGHTS.—Nothing in this 

19 subtitle shall be construed to authorize or imply the res20 ervation or appropriation of water or water rights. 

21 (c) NO DIMINISHMENT OF STATE AUTHORITY.— 

22 Nothing in this subtitle shall be construed to diminish the 

23 authority of the State to manage fish and wildlife, includ24 ing the regulation of fishing and hunting within the Herit25 age Area. 
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1 SEC. 268. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated to carry out this subtitle $10,000,000, to remain 

4 available until expended, of which not more than 

5 $1,000,000 may be authorized to be appropriated for any 

6 fiscal year. 

7 (b) COST-SHARING REQUIREMENT.—The Federal 

8 share of the total cost of any activity assisted under this 

9 subtitle shall be not more than 50 percent. 

10 SEC. 269. TERMINATION OF AUTHORITY. 

11 The authority of the Secretary to provide assistance 

12 under this subtitle terminates on the date that is 15 years 

13 after the date of enactment of this Act. 

14 Subtitle F—Upper Housatonic 

15 Valley National Heritage Area 

16 SEC. 271. SHORT TITLE. 

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

18 Valley National Heritage Area Act’’. 

19 SEC. 272. FINDINGS AND PURPOSES. 

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

21 (1) The upper Housatonic Valley, encompassing 

22 29 towns in the hilly terrain of western Massachu23 setts and northwestern Connecticut, is a singular 

24 geographical and cultural region that has made sig25 nificant national contributions through its literary, 

26 artistic, musical, and architectural achievements, its 
77 

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1 iron, paper, and electrical equipment industries, and 

2 its scenic beautification and environmental conserva3 tion efforts. 

4 (2) The upper Housatonic Valley has 139 prop5 erties and historic districts listed on the National 

6 Register of Historic Places including— 

7 (A) 5 National Historic Landmarks, in8 cluding— 

9 (i) Edith Wharton’s home, The 

10 Mount, Lenox, Massachusetts; 

11 (ii) Herman Melville’s home, Arrow12 head, Pittsfield, Massachusetts; 

13 (iii) W.E.B. DuBois’ Boyhood Home14 site, Great Barrington, Massachusetts; 

15 (iv) Mission House, Stockbridge, Mas16 sachusetts; and 

17 (v) Crane and Company Old Stone 

18 Mill Rag Room, Dalton, Massachusetts; 

19 and 

20 (B) 4 National Natural Landmarks, in21 cluding— 

22 (i) Bartholomew’s Cobble, Sheffield, 

23 Massachusetts, and Salisbury, Connecticut; 

24 (ii) Beckley Bog, Norfolk, Con25 necticut; 
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1 (iii) Bingham Bog, Salisbury, Con2 necticut; and 

3 (iv) Cathedral Pines, Cornwall, Con4 necticut. 

5 (3) Writers, artists, musicians, and vacationers 

6 have visited the region for more than 150 years to 

7 enjoy its scenic wonders, making it one of the coun8 try’s leading cultural resorts. 

9 (4) The upper Housatonic Valley has made sig10 nificant national cultural contributions through such 

11 writers as Herman Melville, Nathaniel Hawthorne, 

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

13 Chester French and Norman Rockwell, and the per14 forming arts centers of Tanglewood, Music Moun15 tain, Norfolk (Connecticut) Chamber Music Festival, 

16 Jacob’s Pillow, and Shakespeare & Company. 

17 (5) The upper Housatonic Valley is noted for 

18 its pioneering achievements in the iron, paper, and 

19 electrical generation industries and has cultural re20 sources to interpret those industries. 

21 (6) The region became a national leader in sce22 nic beautification and environmental conservation ef23 forts following the era of industrialization and defor24 estation and maintains a fabric of significant con-
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1 servation areas including the meandering 

2 Housatonic River. 

3 (7) Important historical events related to the 

4 American Revolution, Shays’ Rebellion, and early 

5 civil rights took place in the upper Housatonic Val6 ley. 

7 (8) The region had an American Indian pres8 ence going back 10,000 years, and Mohicans had a 

9 formative role in contact with Europeans during the 

10 17th and 18th centuries. 

11 (9) The Upper Housatonic Valley National 

12 Heritage Area has been proposed in order to height13 en appreciation of the region, preserve its natural 

14 and historical resources, and improve the quality of 

15 life and economy of the area. 

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

17 follows: 

18 (1) To establish the Upper Housatonic Valley 

19 National Heritage Area in the State of Connecticut 

20 and the Commonwealth of Massachusetts. 

21 (2) To implement the national heritage area al22 ternative as described in the document entitled 

23 ‘‘Upper Housatonic Valley National Heritage Area 

24 Feasibility Study, 2003’’. 
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1 (3) To provide a management framework to 

2 foster a close working relationship with all levels of 

3 government, the private sector, and the local com4 munities in the upper Housatonic Valley region to 

5 conserve the region’s heritage while continuing to 

6 pursue compatible economic opportunities. 

7 (4) To assist communities, organizations, and 

8 citizens in the State of Connecticut and the Com9 monwealth of Massachusetts in identifying, pre10 serving, interpreting, and developing the historical, 

11 cultural, scenic, and natural resources of the region 

12 for the educational and inspirational benefit of cur13 rent and future generations. 

14 SEC. 273. DEFINITIONS. 

15 In this subtitle: 

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

17 Area’’ means the Upper Housatonic Valley National 

18 Heritage Area, established by section 274. 

19 (2) LOCAL COORDINATING ENTITY.—The term 

20 ‘‘local coordinating entity’’ means the local coordi21 nating entity for the Heritage Area designated by 

22 section 274(d). 

23 (3) MANAGEMENT PLAN.—The term ‘‘Manage24 ment Plan’’ means the management plan for the 

25 Heritage Area specified in section 276. 
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1 (4) MAP.—The term ‘‘map’’ means the map en2 titled ‘‘Boundary Map Upper Housatonic Valley Na3 tional Heritage Area’’, numbered P17/80,000, and 

4 dated February 2003. 

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

6 the Secretary of the Interior. 

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

8 of Connecticut and the Commonwealth of Massachu9 setts. 

10 SEC. 274. UPPER HOUSATONIC VALLEY NATIONAL HERIT11 AGE AREA. 

12 (a) ESTABLISHMENT.—There is established the 

13 Upper Housatonic Valley National Heritage Area, as de14 picted on the map. 

15 (b) BOUNDARIES.—The Heritage Area shall be com16 prised of— 

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

18 which extends 60 miles from Lanesboro, Massachu19 setts to Kent, Connecticut; 

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

21 Kent, Norfolk, North Canaan, Salisbury, Sharon, 

22 and Warren in Connecticut; 

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

24 Egremont, Great Barrington, Hancock, Hinsdale, 

25 Lanesboro, Lee, Lenox, Monterey, Mount Wash-
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1 ington, New Marlboro, Pittsfield, Richmond, Shef2 field, Stockbridge, Tyringham, Washington, and 

3 West Stockbridge in Massachusetts; and 

4 (4) the land and water within the boundaries of 

5 the Heritage Area, as depicted on the map. 

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

7 and available for public inspection in the appropriate of8 fices of the National Park Service, Department of the In9 terior. 

10 (d) LOCAL COORDINATING ENTITY.—The Upper 

11 Housatonic Valley National Heritage Area, Inc. shall be 

12 the local coordinating entity for the Heritage Area. 

13 SEC. 275. AUTHORITIES, PROHIBITIONS, AND DUTIES OF 

14 THE LOCAL COORDINATING ENTITY. 

15 (a) DUTIES OF THE LOCAL COORDINATING ENTI16 TY.—To further the purposes of the Heritage Area, the 

17 local coordinating entity shall— 

18 (1) prepare and submit a management plan for 

19 the Heritage Area to the Secretary in accordance 

20 with section 276; 

21 (2) assist units of local government, regional 

22 planning organizations, and nonprofit organizations 

23 in implementing the approved management plan 

24 by— 
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1 (A) carrying out programs and projects 

2 that recognize, protect, and enhance important 

3 resource values within the Heritage Area; 

4 (B) establishing and maintaining interpre5 tive exhibits and programs within the Heritage 

6 Area; 

7 (C) developing recreational and educational 

8 opportunities in the Heritage Area; 

9 (D) increasing public awareness of and ap10 preciation for natural, historical, scenic, and 

11 cultural resources of the Heritage Area; 

12 (E) protecting and restoring historic sites 

13 and buildings in the Heritage Area that are 

14 consistent with heritage area themes; 

15 (F) ensuring that clear, consistent, and ap16 propriate signs identifying points of public ac17 cess and sites of interest are posted throughout 

18 the Heritage Area; and 

19 (G) promoting a wide range of partner20 ships among governments, organizations and in21 dividuals to further the purposes of the Herit22 age Area; 

23 (3) consider the interests of diverse units of 

24 government, businesses, organizations and individ-
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1 uals in the Heritage Area in the preparation and im2 plementation of the management plan; 

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

4 semi-annually regarding the development and imple5 mentation of the management plan; 

6 (5) submit an annual report to the Secretary 

7 for any fiscal year in which the local coordinating 

8 entity receives Federal funds under this subtitle, set9 ting forth its accomplishments, expenses, and in10 come, including grants to any other entities during 

11 the year for which the report is made; 

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

13 in which it receives Federal funds under this sub14 title, all information pertaining to the expenditure of 

15 such funds and any matching funds, and require in 

16 all agreements authorizing expenditures of Federal 

17 funds by other organizations, that the receiving or18 ganizations make available for such audit all records 

19 and other information pertaining to the expenditure 

20 of such funds; and 

21 (7) encourage by appropriate means economic 

22 viability that is consistent with the purposes of the 

23 Heritage Area. 

24 (b) AUTHORITIES.—The local coordinating entity 

25 may, for the purposes of preparing and implementing the 
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1 management plan for the Heritage Area, use Federal 

2 funds made available through this subtitle to— 

3 (1) make grants to the State of Connecticut 

4 and the Commonwealth of Massachusetts, their po5 litical subdivisions, nonprofit organizations and other 

6 persons; 

7 (2) enter into cooperative agreements with or 

8 provide technical assistance to the State of Con9 necticut and the Commonwealth of Massachusetts, 

10 their political jurisdictions, nonprofit organizations, 

11 and other interested parties; 

12 (3) hire and compensate staff, which shall in13 clude individuals with expertise in natural, cultural, 

14 and historical resources protection, and heritage pro15 gramming; 

16 (4) obtain money or services from any source, 

17 including any that are provided under any other 

18 Federal law or program; 

19 (5) contract for goods or services; and 

20 (6) undertake to be a catalyst for any other ac21 tivity that furthers the purposes of the Heritage 

22 Area and is consistent with the approved manage23 ment plan. 

24 (c) PROHIBITIONS ON THE ACQUISITION OF REAL

25 PROPERTY.—The local coordinating entity shall not use 
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1 Federal funds received under this subtitle to acquire real 

2 property, but may use any other source of funding, includ3 ing other Federal funding outside this authority, intended 

4 for the acquisition of real property. 

5 SEC. 276. MANAGEMENT PLAN. 

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

7 Heritage Area shall— 

8 (1) include comprehensive policies, strategies, 

9 and recommendations for conservation, funding, 

10 management and development of the Heritage Area; 

11 (2) take into consideration existing State, coun12 ty, and local plans in the development of the man13 agement plan and its implementation; 

14 (3) include a description of actions that govern15 ments, private organizations, and individuals have 

16 agreed to take to protect the natural, historical, and 

17 cultural resources of the Heritage Area; 

18 (4) specify the existing and potential sources of 

19 funding to protect, manage, and develop the Herit20 age Area in the first 5 years of implementation; 

21 (5) include an inventory of the natural, histor22 ical, cultural, educational, scenic, and recreational 

23 resources of the Heritage Area related to the themes 

24 of the Heritage Area that should be preserved, re25 stored, managed, developed, or maintained; 
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1 (6) recommend policies and strategies for re2 source management that consider and detail the ap3 plication of appropriate land and water management 

4 techniques including, but not limited to, the develop5 ment of intergovernmental and interagency coopera6 tive agreements to protect the Heritage Area’s nat7 ural, historical, cultural, educational, scenic, and rec8 reational resources; 

9 (7) describe a program of implementation for 

10 the management plan including plans for resource 

11 protection, restoration, construction, and specific 

12 commitments for implementation that have been 

13 made by the local coordinating entity or any govern14 ment, organization, or individual for the first 5 years 

15 of implementation; 

16 (8) include an analysis and recommendations 

17 for ways in which local, State, and Federal pro18 grams, including the role of the National Park Serv19 ice in the Heritage Area, may best be coordinated to 

20 further the purposes of this subtitle; and 

21 (9) include an interpretive plan for the Heritage 

22 Area. 

23 (b) DEADLINE AND TERMINATION OF FUNDING.— 

24 (1) DEADLINE.—Not later than 3 years after 

25 funds are made available to carry out this subtitle, 
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1 the local coordinating entity shall submit the man2 agement plan to the Secretary for approval. 

3 (2) TERMINATION OF FUNDING.—If the man4 agement plan is not submitted to the Secretary in 

5 accordance with this subsection, the local coordi6 nating entity shall not qualify for Federal funding 

7 under this subtitle until such time as the manage8 ment plan is submitted to and approved by the Sec9 retary. 

10 SEC. 277. DUTIES AND AUTHORITIES OF THE SECRETARY. 

11 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—The 

12 Secretary may, upon the request of the local coordinating 

13 entity, provide technical assistance on a reimbursable or 

14 non-reimbursable basis and financial assistance to the 

15 Heritage Area to develop and implement the approved 

16 management plan. The Secretary is authorized to enter 

17 into cooperative agreements with the local coordinating en18 tity and other public or private entities for this purpose. 

19 In assisting the Heritage Area, the Secretary shall give 

20 priority to actions that in general assist in— 

21 (1) conserving the significant natural, histor22 ical, cultural, and scenic resources of the Heritage 

23 Area; and 
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1 (2) providing educational, interpretive, and rec2 reational opportunities consistent with the purposes 

3 of the Heritage Area. 

4 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

5 PLAN.— 

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

7 receiving the management plan, the Secretary shall 

8 approve or disapprove the management plan. 

9 (2) CRITERIA FOR APPROVAL.—In determining 

10 the approval of the management plan, the Secretary 

11 shall consider whether— 

12 (A) the local coordinating entity is rep13 resentative of the diverse interests of the Herit14 age Area including governments, natural and 

15 historic resource protection organizations, edu16 cational institutions, businesses, and rec17 reational organizations; 

18 (B) the local coordinating entity has af19 forded adequate opportunity, including public 

20 hearings, for public and governmental involve21 ment in the preparation of the management 

22 plan; 

23 (C) the resource protection and interpreta24 tion strategies contained in the management 

25 plan, if implemented, would adequately protect 
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1 the natural, historical, and cultural resources of 

2 the Heritage Area; and 

3 (D) the Secretary has received adequate 

4 assurances from the appropriate State and local 

5 officials whose support is needed to ensure the 

6 effective implementation of the State and local 

7 aspects of the management plan. 

8 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

9 Secretary disapproves the management plan, the 

10 Secretary shall advise the local coordinating entity in 

11 writing of the reasons therefore and shall make rec12 ommendations for revisions to the management plan. 

13 Not later than 60 days after the date a proposed re14 vision is submitted, the Secretary shall approve or 

15 disapprove the proposed revision. 

16 (4) APPROVAL OF AMENDMENTS.—Substantial 

17 amendments to the management plan shall be re18 viewed by the Secretary and approved in the same 

19 manner as provided for the original management 

20 plan. The local coordinating entity shall not use 

21 Federal funds authorized by this subtitle to imple22 ment any amendments until the Secretary has ap23 proved the amendments. 
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1 SEC. 278. DUTIES OF OTHER FEDERAL AGENCIES. 

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

4 (1) consult with the Secretary and the local co5 ordinating entity with respect to such activities; 

6 (2) cooperate with the Secretary and the local 

7 coordinating entity in carrying out the duties of the 

8 Federal agency under this subtitle and, to the max9 imum extent practicable, coordinate such activities 

10 with the carrying out of such duties; and, 

11 (3) to the maximum extent practicable, conduct 

12 or support such activities in a manner that the local 

13 coordinating entity determines will not have an ad14 verse effect on the Heritage Area. 

15 SEC. 279. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—There is authorized to be appro17 priated to carry out this subtitle $10,000,000, to remain 

18 available until expended, of which not more than 

19 $1,000,000 may be authorized to be appropriated for any 

20 fiscal year. 

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

22 total cost of any activity assisted under this subtitle shall 

23 not be more than 50 percent. 
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1 SEC. 280. TERMINATION OF AUTHORITY. 

2 The authority of the Secretary to provide assistance 

3 under this subtitle terminates on the date that is 15 years 

4 after the date of enactment of this Act. 

5 Subtitle G—Champlain Valley 

6 National Heritage Partnership 

7 SEC. 281. SHORT TITLE. 

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

9 National Heritage Partnership Act of 2005’’. 

10 SEC. 282. FINDINGS AND PURPOSES. 

11 (a) FINDINGS.—Congress finds that— 

12 (1) the Champlain Valley and its extensive cul13 tural and natural resources have played a significant 

14 role in the history of the United States and the indi15 vidual States of Vermont and New York; 

16 (2) archaeological evidence indicates that the 

17 Champlain Valley has been inhabited by humans 

18 since the last retreat of the glaciers, with the Native 

19 Americans living in the area at the time of Euro20 pean discovery being primarily of Iroquois and 

21 Algonquin descent; 

22 (3) the linked waterways of the Champlain Val23 ley, including the Richelieu River in Canada, played 

24 a unique and significant role in the establishment 

25 and development of the United States and Canada 

26 through several distinct eras, including— 
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1 (A) the era of European exploration, dur2 ing which Samuel de Champlain and other ex3 plorers used the waterways as a means of ac4 cess through the wilderness; 

5 (B) the era of military campaigns, includ6 ing highly significant military campaigns of the 

7 French and Indian War, the American Revolu8 tion, and the War of 1812; and 

9 (C) the era of maritime commerce, during 

10 which canals boats, schooners, and steamships 

11 formed the backbone of commercial transpor12 tation for the region; 

13 (4) those unique and significant eras are best 

14 described by the theme ‘‘The Making of Nations and 

15 Corridors of Commerce’’; 

16 (5) the artifacts and structures associated with 

17 those eras are unusually well-preserved; 

18 (6) the Champlain Valley is recognized as hav19 ing one of the richest collections of historical re20 sources in North America; 

21 (7) the history and cultural heritage of the 

22 Champlain Valley are shared with Canada and the 

23 Province of Quebec; 

24 (8) there are benefits in celebrating and pro25 moting this mutual heritage; 
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1 (9) tourism is among the most important indus2 tries in the Champlain Valley, and heritage tourism 

3 in particular plays a significant role in the economy 

4 of the Champlain Valley; 

5 (10) it is important to enhance heritage tourism 

6 in the Champlain Valley while ensuring that in7 creased visitation will not impair the historical and 

8 cultural resources of the region; 

9 (11) according to the 1999 report of the Na10 tional Park Service entitled ‘‘Champlain Valley Her11 itage Corridor Project’’, ‘‘the Champlain Valley con12 tains resources and represents a theme ‘The Making 

13 of Nations and Corridors of Commerce’, that is of 

14 outstanding importance in U.S. history’’; and 

15 (12) it is in the interest of the United States 

16 to preserve and interpret the historical and cultural 

17 resources of the Champlain Valley for the education 

18 and benefit of present and future generations. 

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

20 (1) to establish the Champlain Valley National 

21 Heritage Partnership in the States of Vermont and 

22 New York to recognize the importance of the histor23 ical, cultural, and recreational resources of the 

24 Champlain Valley region to the United States; 
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1 (2) to assist the State of Vermont and New 

2 York, including units of local government and non3 governmental organizations in the States, in pre4 serving, protecting, and interpreting those resources 

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

6 (3) to encourage— 

7 (A) partnerships among State and local 

8 governments and nongovernmental organiza9 tions in the United States; and 

10 (B) collaboration with Canada and the 

11 Province of Quebec to— 

12 (i) interpret and promote the history 

13 of the waterways of the Champlain Valley 

14 region; 

15 (ii) form stronger bonds between the 

16 United States and Canada; and 

17 (iii) promote the international aspects 

18 of the Champlain Valley region; and 

19 (4) to provide financial and technical assistance 

20 for the purposes described in paragraphs (1) 

21 through (3). 

22 SEC. 283. DEFINITIONS. 

23 In this subtitle: 

24 (1) HERITAGE PARTNERSHIP.—The term ‘‘Her25 itage Partnership’’ means the Champlain Valley Na-
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1 tional Heritage Partnership established by section 

2 284(a). 

3 (2) LOCAL COORDINATING ENTITY.—The term 

4 ‘‘local coordinating entity’’ means the Lake Cham5 plain Basin Program. 

6 (3) MANAGEMENT PLAN.—The term ‘‘manage7 ment plan’’ means the management plan developed 

8 under section 284(b)(B)(i). 

9 (4) REGION.— 

10 (A) IN GENERAL.—The term ‘‘region’’ 

11 means any area or community in 1 of the 

12 States in which a physical, cultural, or histor13 ical resource that represents the theme is lo14 cated. 

15 (B) INCLUSIONS.—The term ‘‘region’’ in16 cludes 

17 (i) the linked navigable waterways 

18 of— 

19 (I) Lake Champlain; 

20 (II) Lake George; 

21 (III) the Champlain Canal; and 

22 (IV) the portion of the Upper 

23 Hudson River extending south to 

24 Saratoga; 
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1 (ii) portions of Grand Isle, Franklin, 

2 Chittenden, Addison, Rutland, and 

3 Bennington Counties in the State of 

4 Vermont; and 

5 (iii) portions of Clinton, Essex, War6 ren, Saratoga and Washington Counties in 

7 the State of New York. 

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

9 the Secretary of the Interior. 

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

11 (A) the State of Vermont; and 

12 (B) the State of New York. 

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

14 theme ‘‘The Making of Nations and Corridors of 

15 Commerce’’, as the term is used in the 1999 report 

16 of the National Park Service entitled ‘‘Champlain 

17 Valley Heritage Corridor Project’’, that describes the 

18 periods of international conflict and maritime com19 merce during which the region played a unique and 

20 significant role in the development of the United 

21 States and Canada. 

22 SEC. 284. HERITAGE PARTNERSHIP. 

23 (a) ESTABLISHMENT.—There is established in the re24 gion the Champlain Valley National Heritage Partnership. 

25 (b) LOCAL COORDINATING ENTITY.— 
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1 (1) DUTIES.— 

2 (A) IN GENERAL.—The local coordinating 

3 entity shall implement the subtitle. 

4 (B) MANAGEMENT PLAN.— 

5 (i) IN GENERAL.—The local coordi6 nating entity shall develop a management 

7 plan for the Heritage Partnership. 

8 (ii) EXISTING PLAN.—Pending the 

9 completion and approval of the manage10 ment plan, the local coordinating entity 

11 may implement the provisions of this sub12 title based on its federally authorized plan 

13 ‘‘Opportunities for Action, an Evolving 

14 Plan For Lake Champlain’’. 

15 (iii) CONTENTS.—The management 

16 plan shall include— 

17 (I) recommendations for funding, 

18 managing, and developing the Herit19 age Partnership; 

20 (II) a description of activities to 

21 be carried out by public and private 

22 organizations to protect the resources 

23 of the Heritage Partnership; 

24 (III) a list of specific, potential 

25 sources of funding for the protection, 
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1 management, and development of the 

2 Heritage Partnership; 

3 (IV) an assessment of the organi4 zational capacity of the local coordi5 nating entity to achieve the goals for 

6 implementation; and 

7 (V) recommendations of ways in 

8 which to encourage collaboration with 

9 Canada and the Province of Quebec in 

10 implementing this title. 

11 (iv) CONSIDERATIONS.—In developing 

12 the management plan under clause (i), the 

13 local coordinating entity shall take into 

14 consideration existing Federal, State, and 

15 local plans relating to the region. 

16 (v) SUBMISSION TO SECRETARY FOR

17 APPROVAL.— 

18 (I) IN GENERAL.—Not later than 

19 3 years after the date on which funds 

20 are made available to carry out this 

21 subtitle, the local coordinating entity 

22 shall submit the management plan to 

23 the Secretary for approval. 

24 (II) EFFECT OF FAILURE TO

25 SUBMIT.—If a management plan is 
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1 not submitted to the Secretary by the 

2 date specified in subclause (I), the 

3 Secretary shall not provide any addi4 tional funding under this subtitle until 

5 a management plan for the Heritage 

6 Partnership is submitted to the Sec7 retary. 

8 (vi) APPROVAL.—Not later than 90 

9 days after receiving the management plan 

10 submitted under clause (v)(I), the Sec11 retary, in consultation with the States, 

12 shall approve or disapprove the manage13 ment plan. 

14 (vii) ACTION FOLLOWING DIS15 APPROVAL.— 

16 (I) GENERAL.—If the Secretary 

17 disapproves a management plan under 

18 clause (vi), the Secretary shall— 

19 (aa) advise the local coordi20 nating entity in writing of the 

21 reasons for the disapproval; 

22 (bb) make recommendations 

23 for revisions to the management 

24 plan; and 
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1 (cc) allow the local coordi2 nating entity to submit to the 

3 Secretary revisions to the man4 agement plan. 

5 (II) DEADLINE FOR APPROVAL

6 OF REVISION.—Not later than 90 

7 days after the date on which a revi8 sion is submitted under subclause 

9 (I)(cc), the Secretary shall approve or 

10 disapprove the revision. 

11 (viii) AMENDMENT.— 

12 (I) IN GENERAL.—After approval 

13 by the Secretary of the management 

14 plan, the local coordinating entity 

15 shall periodically— 

16 (aa) review the management 

17 plan; and 

18 (bb) submit to the Sec19 retary, for review and approval 

20 by the Secretary, the rec21 ommendations of the local coordi22 nating entity for any amend23 ments to the management plan 

24 that the local coordinating entity 

25 considers to be appropriate. 
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1 (II) EXPENDITURE OF FUNDS.— 

2 No funds made available under this 

3 title shall be used to implement any 

4 amendment proposed by the local co5 ordinating entity under subclause 

6 (I)(bb) until the Secretary approves 

7 the amendments. 

8 (2) PARTNERSHIPS.— 

9 (A) IN GENERAL.—In carrying out this 

10 subtitle, the local coordinating entity may enter 

11 into partnerships with— 

12 (i) the States, including units of local 

13 governments in the States; 

14 (ii) nongovernmental organizations; 

15 (iii) Indian tribes; and 

16 (iv) other persons in the Heritage 

17 Partnership. 

18 (B) GRANTS.—Subject to the availability 

19 of funds, the local coordinating entity may pro20 vide grants to partners under subparagraph (A) 

21 to assist in implementing this subtitle. 

22 (3) PROHIBITION ON THE ACQUISITION OF

23 REAL PROPERTY.—The local coordinating entity 

24 shall not use Federal funds made available under 
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1 this subtitle to acquire real property or any interest 

2 in real property. 

3 (c) ASSISTANCE FROM SECRETARY.—To carry out 

4 the purposes of this subtitle, the Secretary may provide 

5 technical and financial assistance to the local coordinating 

6 entity. 

7 SEC. 285. EFFECT. 

8 Nothing in this subtitle— 

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

10 local coordinating entity; 

11 (2) modifies, enlarges, or diminishes the author12 ity of the Federal Government or a State or local 

13 government to manage or regulate any use of land 

14 under any law (including regulations); or 

15 (3) obstructs or limits private business develop16 ment activities or resource development activities. 

17 SEC. 286. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) IN GENERAL.—There is authorized to be appro19 priated to carry out this title not more than a total of 

20 $10,000,000, to remain available until expended, of which 

21 not more than $1,000,000 may be authorized to be appro22 priated for any fiscal year. 

23 (b) NON-FEDERAL SHARE.—The Federal share of 

24 the total cost of any activity assisted under this subtitle 

25 shall not be more than 50 percent. 
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1 SEC. 287. TERMINATION OF AUTHORITY. 

2 The authority of the Secretary to provide assistance 

3 under this subtitle terminates on the date that is 15 years 

4 after the date of enactment of this Act. 

5 Subtitle H—Great Basin National 

6 Heritage Route 

7 SEC. 291. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Great Basin Na9 tional Heritage Route Act’’. 

10 SEC. 291A. FINDINGS AND PURPOSES. 

11 (a) FINDINGS.—Congress finds that— 

12 (1) the natural, cultural, and historic heritage 

13 of the North American Great Basin is nationally sig14 nificant; 

15 (2) communities along the Great Basin Herit16 age Route (including the towns of Delta, Utah, Ely, 

17 Nevada, and the surrounding communities) are lo18 cated in a classic western landscape that contains 

19 long natural vistas, isolated high desert valleys, 

20 mountain ranges, ranches, mines, historic railroads, 

21 archaeological sites, and tribal communities; 

22 (3) the Native American, pioneer, ranching, 

23 mining, timber, and railroad heritages associated 

24 with the Great Basin Heritage Route include the so25 cial history and living cultural traditions of a rich di26 versity of nationalities; 
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1 (4) the pioneer, Mormon, and other religious 

2 settlements, and ranching, timber, and mining ac3 tivities of the region played and continue to play a 

4 significant role in the development of the United 

5 States, shaped by— 

6 (A) the unique geography of the Great 

7 Basin; 

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

9 Basque, Serb, Croat, Italian, and Hispanic de10 scent; and 

11 (C) a Native American presence (Western 

12 Shoshone, Northern and Southern Paiute, and 

13 Goshute) that continues in the Great Basin 

14 today; 

15 (5) the Great Basin housed internment camps 

16 for Japanese-American citizens during World War 

17 II, 1 of which, Topaz, was located along the Herit18 age Route; 

19 (6) the pioneer heritage of the Heritage Route 

20 includes the Pony Express route and stations, the 

21 Overland Stage, and many examples of 19th century 

22 exploration of the western United States; 

23 (7) the Native American heritage of the Herit24 age Route dates back thousands of years and in25 cludes— 
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1 (A) archaeological sites; 

2 (B) petroglyphs and pictographs; 

3 (C) the westernmost village of the Fremont 

4 culture; and 

5 (D) communities of Western Shoshone, 

6 Paiute, and Goshute tribes; 

7 (8) the Heritage Route contains multiple bio8 logically diverse ecological communities that are 

9 home to exceptional species such as— 

10 (A) bristlecone pines, the oldest living trees 

11 in the world; 

12 (B) wildlife adapted to harsh desert condi13 tions; 

14 (C) unique plant communities, lakes, and 

15 streams; and 

16 (D) native Bonneville cutthroat trout; 

17 (9) the air and water quality of the Heritage 

18 Route is among the best in the United States, and 

19 the clear air permits outstanding viewing of the 

20 night skies; 

21 (10) the Heritage Route includes unique and 

22 outstanding geologic features such as numerous 

23 limestone caves, classic basin and range topography 

24 with playa lakes, alluvial fans, volcanics, cold and 
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1 hot springs, and recognizable features of ancient 

2 Lake Bonneville; 

3 (11) the Heritage Route includes an unusual 

4 variety of open space and recreational and edu5 cational opportunities because of the great quantity 

6 of ranching activity and public land (including city, 

7 county, and State parks, national forests, Bureau of 

8 Land Management land, and a national park); 

9 (12) there are significant archaeological, histor10 ical, cultural, natural, scenic, and recreational re11 sources in the Great Basin to merit the involvement 

12 of the Federal Government in the development, in 

13 cooperation with the Great Basin Heritage Route 

14 Partnership and other local and governmental enti15 ties, of programs and projects to— 

16 (A) adequately conserve, protect, and in17 terpret the heritage of the Great Basin for 

18 present and future generations; and 

19 (B) provide opportunities in the Great 

20 Basin for education; and 

21 (13) the Great Basin Heritage Route Partner22 ship shall serve as the local coordinating entity for 

23 a Heritage Route established in the Great Basin. 

24 (b) PURPOSES.—The purposes of this subtitle are— 
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1 (1) to foster a close working relationship with 

2 all levels of government, the private sector, and the 

3 local communities within White Pine County, Ne4 vada, Millard County, Utah, and the Duckwater 

5 Shoshone Reservation; 

6 (2) to enable communities referred to in para7 graph (1) to conserve their heritage while continuing 

8 to develop economic opportunities; and 

9 (3) to conserve, interpret, and develop the ar10 chaeological, historical, cultural, natural, scenic, and 

11 recreational resources related to the unique ranch12 ing, industrial, and cultural heritage of the Great 

13 Basin, in a manner that promotes multiple uses per14 mitted as of the date of enactment of this Act, with15 out managing or regulating land use. 

16 SEC. 291B. DEFINITIONS. 

17 In this subtitle: 

18 (1) GREAT BASIN.—The term ‘‘Great Basin’’ 

19 means the North American Great Basin. 

20 (2) HERITAGE ROUTE.—The term ‘‘Heritage 

21 Route’’ means the Great Basin National Heritage 

22 Route established by section 291C(a). 

23 (3) LOCAL COORDINATING ENTITY.—The term 

24 ‘‘local coordinating entity’’ means the Great Basin 
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1 Heritage Route Partnership established by section 

2 291C(c). 

3 (4) MANAGEMENT PLAN.—The term ‘‘manage4 ment plan’’ means the plan developed by the local 

5 coordinating entity under section 291E(a). 

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

7 the Secretary of the Interior, acting through the Di8 rector of the National Park Service. 

9 SEC. 291C. GREAT BASIN NATIONAL HERITAGE ROUTE. 

10 (a) ESTABLISHMENT.—There is established the 

11 Great Basin National Heritage Route to provide the public 

12 with access to certain historical, cultural, natural, scenic, 

13 and recreational resources in White Pine County, Nevada, 

14 Millard County, Utah, and the Duckwater Shoshone Res15 ervation in the State of Nevada, as designated by the local 

16 coordinating entity. 

17 (b) BOUNDARIES.—The local coordinating entity 

18 shall determine the specific boundaries of the Heritage 

19 Route. 

20 (c) LOCAL COORDINATING ENTITY.— 

21 (1) IN GENERAL.—The Great Basin Heritage 

22 Route Partnership shall serve as the local coordi23 nating entity for the Heritage Route. 
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1 (2) BOARD OF DIRECTORS.—The Great Basin 

2 Heritage Route Partnership shall be governed by a 

3 board of directors that consists of— 

4 (A) 4 members who are appointed by the 

5 Board of County Commissioners for Millard 

6 County, Utah; 

7 (B) 4 members who are appointed by the 

8 Board of County Commissioners for White Pine 

9 County, Nevada; and 

10 (C) a representative appointed by each Na11 tive American Tribe participating in the Herit12 age Route. 

13 SEC. 291D. MEMORANDUM OF UNDERSTANDING. 

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

15 Secretary, in consultation with the Governors of the States 

16 of Nevada and Utah and the tribal government of each 

17 Indian tribe participating in the Heritage Route, shall 

18 enter into a memorandum of understanding with the local 

19 coordinating entity. 

20 (b) INCLUSIONS.—The memorandum of under21 standing shall include information relating to the objec22 tives and management of the Heritage Route, including— 

23 (1) a description of the resources of the Herit24 age Route; 
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1 (2) a discussion of the goals and objectives of 

2 the Heritage Route, including— 

3 (A) an explanation of the proposed ap4 proach to conservation, development, and inter5 pretation; and 

6 (B) a general outline of the anticipated 

7 protection and development measures; 

8 (3) a description of the local coordinating enti9 ty; 

10 (4) a list and statement of the financial com11 mitment of the initial partners to be involved in de12 veloping and implementing the management plan; 

13 and 

14 (5) a description of the role of the States of Ne15 vada and Utah in the management of the Heritage 

16 Route. 

17 (c) ADDITIONAL REQUIREMENTS.—In developing the 

18 terms of the memorandum of understanding, the Sec19 retary and the local coordinating entity shall— 

20 (1) provide opportunities for local participation; 

21 and 

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

23 extent practicable, timely implementation of all as24 pects of the memorandum of understanding. 

25 (d) AMENDMENTS.— 
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1 (1) IN GENERAL.—The Secretary shall review 

2 any amendments of the memorandum of under3 standing proposed by the local coordinating entity or 

4 the Governor of the State of Nevada or Utah. 

5 (2) USE OF FUNDS.—Funds made available 

6 under this subtitle shall not be expended to imple7 ment a change made by a proposed amendment de8 scribed in paragraph (1) until the Secretary ap9 proves the amendment. 

10 SEC. 291E. MANAGEMENT PLAN. 

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

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

13 subtitle, the local coordinating entity shall develop and 

14 submit to the Secretary for approval a management plan 

15 for the Heritage Route that— 

16 (1) specifies— 

17 (A) any resources designated by the local 

18 coordinating entity under section 291C(a); and 

19 (B) the specific boundaries of the Heritage 

20 Route, as determined under section 291C(b); 

21 and 

22 (2) presents clear and comprehensive rec23 ommendations for the conservation, funding, man24 agement, and development of the Heritage Route. 
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1 (b) CONSIDERATIONS.—In developing the manage2 ment plan, the local coordinating entity shall— 

3 (1) provide for the participation of local resi4 dents, public agencies, and private organizations lo5 cated within the counties of Millard County, Utah, 

6 White Pine County, Nevada, and the Duckwater 

7 Shoshone Reservation in the protection and develop8 ment of resources of the Heritage Route, taking into 

9 consideration State, tribal, county, and local land 

10 use plans in existence on the date of enactment of 

11 this Act; 

12 (2) identify sources of funding; 

13 (3) include— 

14 (A) a program for implementation of the 

15 management plan by the local coordinating en16 tity, including— 

17 (i) plans for restoration, stabilization, 

18 rehabilitation, and construction of public 

19 or tribal property; and 

20 (ii) specific commitments by the iden21 tified partners referred to in section 

22 291D(b)(4) for the first 5 years of oper23 ation; and 

24 (B) an interpretation plan for the Heritage 

25 Route; and 
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1 (4) develop a management plan that will not in2 fringe on private property rights without the consent 

3 of the owner of the private property. 

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

5 entity fails to submit a management plan to the Secretary 

6 in accordance with subsection (a), the Heritage Route 

7 shall no longer qualify for Federal funding. 

8 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

9 PLAN.— 

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

11 receipt of a management plan under subsection (a), 

12 the Secretary, in consultation with the Governors of 

13 the States of Nevada and Utah, shall approve or dis14 approve the management plan. 

15 (2) CRITERIA.—In determining whether to ap16 prove a management plan, the Secretary shall con17 sider whether the management plan— 

18 (A) has strong local support from a diver19 sity of landowners, business interests, nonprofit 

20 organizations, and governments associated with 

21 the Heritage Route; 

22 (B) is consistent with and complements 

23 continued economic activity along the Heritage 

24 Route; 
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1 (C) has a high potential for effective part2 nership mechanisms; 

3 (D) avoids infringing on private property 

4 rights; and 

5 (E) provides methods to take appropriate 

6 action to ensure that private property rights are 

7 observed. 

8 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

9 Secretary disapproves a management plan under 

10 paragraph (1), the Secretary shall— 

11 (A) advise the local coordinating entity in 

12 writing of the reasons for the disapproval; 

13 (B) make recommendations for revisions to 

14 the management plan; and 

15 (C) not later than 90 days after the receipt 

16 of any proposed revision of the management 

17 plan from the local coordinating entity, approve 

18 or disapprove the proposed revision. 

19 (e) IMPLEMENTATION.—On approval of the manage20 ment plan as provided in subsection (d)(1), the local co21 ordinating entity, in conjunction with the Secretary, shall 

22 take appropriate steps to implement the management 

23 plan. 

24 (f) AMENDMENTS.— 
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1 (1) IN GENERAL.—The Secretary shall review 

2 each amendment to the management plan that the 

3 Secretary determines may make a substantial 

4 change to the management plan. 

5 (2) USE OF FUNDS.—Funds made available 

6 under this subtitle shall not be expended to imple7 ment an amendment described in paragraph (1) 

8 until the Secretary approves the amendment. 

9 SEC. 291F. AUTHORITY AND DUTIES OF LOCAL COORDI10 NATING ENTITY. 

11 (a) AUTHORITIES.—The local coordinating entity 

12 may, for purposes of preparing and implementing the 

13 management plan, use funds made available under this 

14 subtitle to— 

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

16 agreements with, a State (including a political sub17 division), an Indian tribe, a private organization, or 

18 any person; and 

19 (2) hire and compensate staff. 

20 (b) DUTIES.—In addition to developing the manage21 ment plan, the local coordinating entity shall— 

22 (1) give priority to implementing the memo23 randum of understanding and the management plan, 

24 including taking steps to— 
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1 (A) assist units of government, regional 

2 planning organizations, and nonprofit organiza3 tions in— 

4 (i) establishing and maintaining inter5 pretive exhibits along the Heritage Route; 

6 (ii) developing recreational resources 

7 along the Heritage Route; 

8 (iii) increasing public awareness of 

9 and appreciation for the archaeological, 

10 historical, cultural, natural, scenic, and 

11 recreational resources and sites along the 

12 Heritage Route; and 

13 (iv) if requested by the owner, restor14 ing, stabilizing, or rehabilitating any pri15 vate, public, or tribal historical building re16 lating to the themes of the Heritage Route; 

17 (B) encourage economic viability and diver18 sity along the Heritage Route in accordance 

19 with the objectives of the management plan; 

20 and 

21 (C) encourage the installation of clear, 

22 consistent, and environmentally appropriate 

23 signage identifying access points and sites of in24 terest along the Heritage Route; 
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1 (2) consider the interests of diverse govern2 mental, business, and nonprofit groups associated 

3 with the Heritage Route; 

4 (3) conduct public meetings in the region of the 

5 Heritage Route at least semiannually regarding the 

6 implementation of the management plan; 

7 (4) submit substantial amendments (including 

8 any increase of more than 20 percent in the cost es9 timates for implementation) to the management plan 

10 to the Secretary for approval by the Secretary; and 

11 (5) for any year for which Federal funds are re12 ceived under this subtitle— 

13 (A) submit to the Secretary a report that 

14 describes, for the year— 

15 (i) the accomplishments of the local 

16 coordinating entity; 

17 (ii) the expenses and income of the 

18 local coordinating entity; and 

19 (iii) each entity to which any loan or 

20 grant was made; 

21 (B) make available for audit all records 

22 pertaining to the expenditure of the funds and 

23 any matching funds; and 

24 (C) require, for all agreements authorizing 

25 the expenditure of Federal funds by any entity, 
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1 that the receiving entity make available for 

2 audit all records pertaining to the expenditure 

3 of the funds. 

4 (c) PROHIBITION ON THE ACQUISITION OF REAL

5 PROPERTY.—The local coordinating entity shall not use 

6 Federal funds made available under this subtitle to ac7 quire real property or any interest in real property. 

8 (d) PROHIBITION ON THE REGULATION OF LAND

9 USE.—The local coordinating entity shall not regulate 

10 land use within the Heritage Route. 

11 SEC. 291G. DUTIES AND AUTHORITIES OF FEDERAL AGEN12 CIES. 

13 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

14 (1) IN GENERAL.—The Secretary may, on re15 quest of the local coordinating entity, provide tech16 nical and financial assistance to develop and imple17 ment the management plan and memorandum of un18 derstanding. 

19 (2) PRIORITY FOR ASSISTANCE.—In providing 

20 assistance under paragraph (1), the Secretary shall, 

21 on request of the local coordinating entity, give pri22 ority to actions that assist in— 

23 (A) conserving the significant archae24 ological, historical, cultural, natural, scenic, and 
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1 recreational resources of the Heritage Route; 

2 and 

3 (B) providing education, interpretive, and 

4 recreational opportunities, and other uses con5 sistent with those resources. 

6 (b) APPLICATION OF FEDERAL LAW.—The establish7 ment of the Heritage Route shall have no effect on the 

8 application of any Federal law to any property within the 

9 Heritage Route. 

10 SEC. 291H. LAND USE REGULATION; APPLICABILITY OF 

11 FEDERAL LAW. 

12 (a) LAND USE REGULATION.—Nothing in this sub13 title— 

14 (1) modifies, enlarges, or diminishes any au15 thority of the Federal, State, tribal, or local govern16 ment to regulate by law (including by regulation) 

17 any use of land; or 

18 (2) grants any power of zoning or land use to 

19 the local coordinating entity. 

20 (b) APPLICABILITY OF FEDERAL LAW.—Nothing in 

21 this subtitle— 

22 (1) imposes on the Heritage Route, as a result 

23 of the designation of the Heritage Route, any regu24 lation that is not applicable to the area within the 
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1 Heritage Route as of the date of enactment of this 

2 Act; or 

3 (2) authorizes any agency to promulgate a reg4 ulation that applies to the Heritage Route solely as 

5 a result of the designation of the Heritage Route 

6 under this subtitle. 

7 SEC. 291I. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—There is authorized to be appro9 priated to carry out this subtitle $10,000,000, of which 

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

11 fiscal year. 

12 (b) COST SHARING.— 

13 (1) FEDERAL SHARE.—The Federal share of 

14 the cost of any activity assisted under this subtitle 

15 shall not exceed 50 percent. 

16 (2) FORM OF NON-FEDERAL SHARE.—The non17 Federal share may be in the form of in-kind con18 tributions, donations, grants, and loans from individ19 uals and State or local governments or agencies. 

20 SEC. 291J. TERMINATION OF AUTHORITY. 

21 The authority of the Secretary to provide assistance 

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

23 after the date of enactment of this Act. 
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1 Subtitle I—Gullah/Geechee 

2 Heritage Corridor 

3 SEC. 295. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Gullah/Geechee 

5 Cultural Heritage Act’’. 

6 SEC. 295A. PURPOSES. 

7 The purposes of this subtitle are to— 

8 (1) recognize the important contributions made 

9 to American culture and history by African Ameri10 cans known as the Gullah/Geechee who settled in the 

11 coastal counties of South Carolina, Georgia, North 

12 Carolina, and Florida; 

13 (2) assist State and local governments and pub14 lic and private entities in South Carolina, Georgia, 

15 North Carolina, and Florida in interpreting the 

16 story of the Gullah/Geechee and preserving Gullah/ 

17 Geechee folklore, arts, crafts, and music; and 

18 (3) assist in identifying and preserving sites, 

19 historical data, artifacts, and objects associated with 

20 the Gullah/Geechee for the benefit and education of 

21 the public. 

22 SEC. 295B. DEFINITIONS. 

23 In this subtitle: 

24 (1) LOCAL COORDINATING ENTITY.—The term 

25 ‘‘local coordinating entity’’ means the Gullah/ 
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1 Geechee Cultural Heritage Corridor Commission es2 tablished by section 295D(a). 

3 (2) HERITAGE CORRIDOR.—The term ‘‘Herit4 age Corridor’’ means the Gullah/Geechee Cultural 

5 Heritage Corridor established by section 295C(a). 

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

7 the Secretary of the Interior. 

8 SEC. 295C. GULLAH/GEECHEE CULTURAL HERITAGE COR9 RIDOR. 

10 (a) ESTABLISHMENT.—There is established the 

11 Gullah/Geechee Cultural Heritage Corridor. 

12 (b) BOUNDARIES.— 

13 (1) IN GENERAL.—The Heritage Corridor shall 

14 be comprised of those lands and waters generally de15 picted on a map entitled ‘‘Gullah/Geechee Cultural 

16 Heritage Corridor’’ numbered GGCHC 80,000 and 

17 dated September 2004. The map shall be on file and 

18 available for public inspection in the appropriate of19 fices of the National Park Service and in an appro20 priate State office in each of the States included in 

21 the Heritage Corridor. The Secretary shall publish 

22 in the Federal Register, as soon as practicable after 

23 the date of enactment of this Act, a detailed descrip24 tion and map of the boundaries established under 

25 this subsection. 
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1 (2) REVISIONS.—The boundaries of the Herit2 age Corridor may be revised if the revision is— 

3 (A) proposed in the management plan de4 veloped for the Heritage Corridor; 

5 (B) approved by the Secretary in accord6 ance with this subtitle; and 

7 (C) placed on file in accordance with para8 graph (1). 

9 (c) ADMINISTRATION.—The Heritage Corridor shall 

10 be administered in accordance with the provisions of this 

11 subtitle. 

12 SEC. 295D. GULLAH/GEECHEE CULTURAL HERITAGE COR13 RIDOR COMMISSION. 

14 (a) ESTABLISHMENT.—There is hereby established a 

15 local coordinating entity to be known as the ‘‘Gullah/ 

16 Geechee Cultural Heritage Corridor Commission’’ whose 

17 purpose shall be to assist Federal, State, and local au18 thorities in the development and implementation of a man19 agement plan for those land and waters specified in sec20 tion 295C(b). 

21 (b) MEMBERSHIP.—The local coordinating entity 

22 shall be composed of 15 members appointed by the Sec23 retary as follows: 

24 (1) Four individuals nominated by the State 

25 Historic Preservation Officer of South Carolina and 
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1 two individuals each nominated by the State Historic 

2 Preservation Officer of each of Georgia, North Caro3 lina, and Florida and appointed by the Secretary. 

4 (2) Two individuals from South Carolina and 

5 one individual from each of Georgia, North Carolina, 

6 and Florida who are recognized experts in historic 

7 preservation, anthropology, and folklore, appointed 

8 by the Secretary. 

9 (c) TERMS.—Members of the local coordinating enti10 ty shall be appointed to terms not to exceed 3 years. The 

11 Secretary may stagger the terms of the initial appoint12 ments to the local coordinating entity in order to assure 

13 continuity of operation. Any member of the local coordi14 nating entity may serve after the expiration of their term 

15 until a successor is appointed. A vacancy shall be filled 

16 in the same manner in which the original appointment was 

17 made. 

18 (d) TERMINATION.—The local coordinating entity 

19 shall terminate 10 years after the date of enactment of 

20 this Act. 

21 SEC. 295E. OPERATION OF THE LOCAL COORDINATING EN22 TITY. 

23 (a) DUTIES OF THE LOCAL COORDINATING ENTI24 TY.—To further the purposes of the Heritage Corridor, 

25 the local coordinating entity shall— 
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1 (1) prepare and submit a management plan to 

2 the Secretary in accordance with section 295F; 

3 (2) assist units of local government and other 

4 persons in implementing the approved management 

5 plan by— 

6 (A) carrying out programs and projects 

7 that recognize, protect, and enhance important 

8 resource values within the Heritage Corridor; 

9 (B) establishing and maintaining interpre10 tive exhibits and programs within the Heritage 

11 Corridor; 

12 (C) developing recreational and educational 

13 opportunities in the Heritage Corridor; 

14 (D) increasing public awareness of and ap15 preciation for the historical, cultural, natural, 

16 and scenic resources of the Heritage Corridor; 

17 (E) protecting and restoring historic sites 

18 and buildings in the Heritage Corridor that are 

19 consistent with Heritage Corridor themes; 

20 (F) ensuring that clear, consistent, and ap21 propriate signs identifying points of public ac22 cess and sites of interest are posted throughout 

23 the Heritage Corridor; and 

24 (G) promoting a wide range of partner25 ships among governments, organizations, and 
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1 individuals to further the purposes of the Herit2 age Corridor; 

3 (3) consider the interests of diverse units of 

4 government, business, organizations, and individuals 

5 in the Heritage Corridor in the preparation and im6 plementation of the management plan; 

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

8 quarterly regarding the development and implemen9 tation of the management plan; 

10 (5) submit an annual report to the Secretary 

11 for any fiscal year in which the local coordinating 

12 entity receives Federal funds under this subtitle, set13 ting forth its accomplishments, expenses, and in14 come, including grants made to any other entities 

15 during the year for which the report is made; 

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

17 in which it receives Federal funds under this sub18 title, all information pertaining to the expenditure of 

19 such funds and any matching funds, and require all 

20 agreements authorizing expenditures of Federal 

21 funds by other organizations, that the receiving or22 ganization make available for audit all records and 

23 other information pertaining to the expenditure of 

24 such funds; and 
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1 (7) encourage by appropriate means economic 

2 viability that is consistent with the purposes of the 

3 Heritage Corridor. 

4 (b) AUTHORITIES.—The local coordinating entity 

5 may, for the purposes of preparing and implementing the 

6 management plan, use funds made available under this 

7 subtitle to— 

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

9 agreements with, the States of South Carolina, 

10 North Carolina, Florida, and Georgia, political sub11 divisions of those States, a nonprofit organization, 

12 or any person; 

13 (2) hire and compensate staff; 

14 (3) obtain funds from any source including any 

15 that are provided under any other Federal law or 

16 program; and 

17 (4) contract for goods and services. 

18 SEC. 295F. MANAGEMENT PLAN. 

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

20 Heritage Corridor shall— 

21 (1) include comprehensive policies, strategies, 

22 and recommendations for conservation, funding, 

23 management, and development of the Heritage Cor24 ridor; 
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1 (2) take into consideration existing State, coun2 ty, and local plans in the development of the man3 agement plan and its implementation; 

4 (3) include a description of actions that govern5 ments, private organizations, and individuals have 

6 agreed to take to protect the historical, cultural, and 

7 natural resources of the Heritage Corridor; 

8 (4) specify the existing and potential sources of 

9 funding to protect, manage, and develop the Herit10 age Corridor in the first 5 years of implementation; 

11 (5) include an inventory of the historical, cul12 tural, natural, resources of the Heritage Corridor re13 lated to the themes of the Heritage Corridor that 

14 should be preserved, restored, managed, developed, 

15 or maintained; 

16 (6) recommend policies and strategies for re17 source management that consider and detail the ap18 plication of appropriate land and water management 

19 techniques, including the development of intergov20 ernmental and interagency cooperative agreements 

21 to protect the Heritage Corridor’s historical, cul22 tural, and natural resources; 

23 (7) describe a program for implementation of 

24 the management plan including plans for resources 

25 protection, restoration, construction, and specific 
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1 commitments for implementation that have been 

2 made by the local coordinating entity or any govern3 ment, organization, or individual for the first 5 years 

4 of implementation; 

5 (8) include an analysis and recommendations 

6 for the ways in which Federal, State, or local pro7 grams may best be coordinated to further the pur8 poses of this subtitle; and 

9 (9) include an interpretive plan for the Heritage 

10 Corridor. 

11 (b) SUBMITTAL OF MANAGEMENT PLAN.—The local 

12 coordinating entity shall submit the management plan to 

13 the Secretary for approval not later than 3 years after 

14 funds are made available for this subtitle. 

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

16 entity fails to submit the management plan to the Sec17 retary in accordance with subsection (b), the Heritage 

18 Corridor shall not qualify for Federal funding until the 

19 management plan is submitted. 

20 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

21 PLAN.— 

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

23 or disapprove the management plan not later than 

24 90 days after receiving the management plan. 
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1 (2) CRITERIA.—In determining whether to ap2 prove the management plan, the Secretary shall con3 sider whether— 

4 (A) the local coordinating entity has af5 forded adequate opportunity, including public 

6 hearings, for public and governmental involve7 ment in the preparation of the management 

8 plan; 

9 (B) the resource preservation and interpre10 tation strategies contained in the management 

11 plan would adequately protect the cultural and 

12 historic resources of the Heritage Corridor; and 

13 (C) the Secretary has received adequate 

14 assurances from appropriate State and local of15 ficials whose support is needed to ensure the ef16 fective implementation of the State and local 

17 aspects of the plan. 

18 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

19 Secretary disapproves the management plan, the 

20 Secretary shall advise the local coordinating entity in 

21 writing of the reasons therefore and shall make rec22 ommendations for revisions to the management plan. 

23 The Secretary shall approve or disapprove a pro24 posed revision not later than 60 days after the date 

25 it is submitted. 
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1 (4) APPROVAL OF AMENDMENTS.—Substantial 

2 amendments to the management plan shall be re3 viewed and approved by the Secretary in the same 

4 manner as provided in the original management 

5 plan. The local coordinating entity shall not use 

6 Federal funds authorized by this subtitle to imple7 ment any amendments until the Secretary has ap8 proved the amendments. 

9 SEC. 295G. TECHNICAL AND FINANCIAL ASSISTANCE. 

10 (a) IN GENERAL.—Upon a request of the local co11 ordinating entity, the Secretary may provide technical and 

12 financial assistance for the development and implementa13 tion of the management plan. 

14 (b) PRIORITY FOR ASSISTANCE.—In providing assist15 ance under subsection (a), the Secretary shall give priority 

16 to actions that assist in— 

17 (1) conserving the significant cultural, histor18 ical, and natural resources of the Heritage Corridor; 

19 and 

20 (2) providing educational and interpretive op21 portunities consistent with the purposes of the Her22 itage Corridor. 

23 (c) SPENDING FOR NON-FEDERAL PROPERTY.— 
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1 (1) IN GENERAL.—The local coordinating entity 

2 may expend Federal funds made available under this 

3 subtitle on nonfederally owned property that is— 

4 (A) identified in the management plan; or 

5 (B) listed or eligible for listing on the Na6 tional Register for Historic Places. 

7 (2) AGREEMENTS.—Any payment of Federal 

8 funds made pursuant to this subtitle shall be subject 

9 to an agreement that conversion, use, or disposal of 

10 a project so assisted for purposes contrary to the 

11 purposes of this subtitle, as determined by the Sec12 retary, shall result in a right of the United States 

13 to compensation of all funds made available to that 

14 project or the proportion of the increased value of 

15 the project attributable to such funds as determined 

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

17 whichever is greater. 

18 SEC. 295H. DUTIES OF OTHER FEDERAL AGENCIES. 

19 Any Federal agency conducting or supporting activi20 ties directly affecting the Heritage Corridor shall— 

21 (1) consult with the Secretary and the local co22 ordinating entity with respect to such activities; 

23 (2) cooperate with the Secretary and the local 

24 coordinating entity in carrying out their duties 

25 under this subtitle and, to the maximum extent 
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1 practicable, coordinate such activities with the car2 rying out of such duties; and 

3 (3) to the maximum extent practicable, conduct 

4 or support such activities in a manner in which the 

5 local coordinating entity determines will not have an 

6 adverse effect on the Heritage Corridor. 

7 SEC. 295I. COASTAL HERITAGE CENTERS. 

8 In furtherance of the purposes of this subtitle and 

9 using the authorities made available under this subtitle, 

10 the local coordinating entity shall establish one or more 

11 Coastal Heritage Centers at appropriate locations within 

12 the Heritage Corridor in accordance with the preferred al13 ternative identified in the Record of Decision for the Low 

14 Country Gullah Culture Special Resource Study and Envi15 ronmental Impact Study, December 2003, and additional 

16 appropriate sites. 

17 SEC. 295J. PRIVATE PROPERTY PROTECTION. 

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

19 this subtitle shall be construed to require any private prop20 erty owner to permit public access (including Federal, 

21 State, or local government access) to such private prop22 erty. Nothing in this subtitle shall be construed to modify 

23 any provision of Federal, State, or local law with regard 

24 to public access to or use of private lands. 
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1 (b) LIABILITY.—Designation of the Heritage Cor2 ridor shall not be considered to create any liability, or to 

3 have any effect on any liability under any other law, of 

4 any private property owner with respect to any persons 

5 injured on such private property. 

6 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

7 USE.—Nothing in this subtitle shall be construed to mod8 ify any authority of Federal, State, or local governments 

9 to regulate land use. 

10 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

11 IN HERITAGE CORRIDOR.—Nothing in this subtitle shall 

12 be construed to require the owner of any private property 

13 located within the boundaries of the Heritage Corridor to 

14 participate in or be associated with the Heritage Corridor. 

15 (e) EFFECT OF ESTABLISHMENT.—The boundaries 

16 designated for the Heritage Corridor represent the area 

17 within which Federal funds appropriated for the purpose 

18 of this subtitle shall be expended. The establishment of 

19 the Heritage Corridor and its boundaries shall not be con20 strued to provide any nonexisting regulatory authority on 

21 land use within the Heritage Corridor or its viewshed by 

22 the Secretary or the local coordinating entity. 

23 (f) NOTIFICATION AND CONSENT OF PROPERTY

24 OWNERS REQUIRED.—No privately owned property shall 

25 be preserved, conserved, or promoted by the management 
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1 plan for the Heritage Corridor until the owner of that pri2 vate property has been notified in writing by the local co3 ordinating entity and has given written consent for such 

4 preservation, conservation, or promotion to the local co5 ordinating entity. 

6 (g) LANDOWNER WITHDRAWAL.—Any owner of pri7 vate property included within the boundary of the Herit8 age Corridor shall have their property immediately re9 moved from within the boundary by submitting a written 

10 request to the local coordinating entity. 

11 SEC. 295K. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—There is authorized to be appro13 priated for the purposes of this subtitle not more than 

14 $1,000,000 for any fiscal year. Not more than a total of 

15 $10,000,000 may be appropriated for the Heritage Cor16 ridor under this subtitle. 

17 (b) COST SHARE.—Federal funding provided under 

18 this subtitle may not exceed 50 percent of the total cost 

19 of any activity for which assistance is provided under this 

20 subtitle. 

21 (c) IN-KIND CONTRIBUTIONS.—The Secretary may 

22 accept in-kind contributions as part of the non-Federal 

23 cost share of any activity for which assistance is provided 

24 under this subtitle. 
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1 SEC. 295L. TERMINATION OF AUTHORITY. 

2 The authority of the Secretary to provide assistance 

3 under this subtitle terminates on the date that is 15 years 

4 after the date of enactment of this Act. 

5 Subtitle J—Crossroads of the 

6 American Revolution National 

7 Heritage Area 

8 SEC. 297. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Crossroads of the 

10 American Revolution National Heritage Area Act of 

11 2005’’. 

12 SEC. 297A. FINDINGS AND PURPOSES. 

13 (a) FINDINGS.—Congress finds that— 

14 (1) the State of New Jersey was critically im15 portant during the American Revolution because of 

16 the strategic location of the State between the Brit17 ish armies headquartered in New York City, New 

18 York, and the Continental Congress in the city of 

19 Philadelphia, Pennsylvania; 

20 (2) General George Washington spent almost 

21 half of the period of the American Revolution per22 sonally commanding troops of the Continental Army 

23 in the State of New Jersey, including 2 severe win24 ters spent in encampments in the area that is now 

25 Morristown National Historical Park, a unit of the 

26 National Park System; 
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1 (3) it was during the 10 crucial days of the 

2 American Revolution between December 25, 1776, 

3 and January 3, 1777, that General Washington, 

4 after retreating across the State of New Jersey from 

5 the State of New York to the Commonwealth of 

6 Pennsylvania in the face of total defeat, recrossed 

7 the Delaware River on the night of December 25, 

8 1776, and went on to win crucial battles at Trenton 

9 and Princeton in the State of New Jersey; 

10 (4) Thomas Paine, who accompanied the troops 

11 during the retreat, described the events during those 

12 days as ‘‘the times that try men’s souls’’; 

13 (5) the sites of 296 military engagements are 

14 located in the State of New Jersey, including— 

15 (A) several important battles of the Amer16 ican Revolution that were significant to— 

17 (i) the outcome of the American Revo18 lution; and 

19 (ii) the history of the United States; 

20 and 

21 (B) several national historic landmarks, in22 cluding Washington’s Crossing, the Old Tren23 ton Barracks, and Princeton, Monmouth, and 

24 Red Bank Battlefields; 
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1 (6) additional national historic landmarks in 

2 the State of New Jersey include the homes of— 

3 (A) Richard Stockton, Joseph Hewes, John 

4 Witherspoon, and Francis Hopkinson, signers 

5 of the Declaration of Independence; 

6 (B) Elias Boudinout, President of the Con7 tinental Congress; and 

8 (C) William Livingston, patriot and Gov9 ernor of the State of New Jersey from 1776 to 

10 1790; 

11 (7) portions of the landscapes important to the 

12 strategies of the British and Continental armies, in13 cluding waterways, mountains, farms, wetlands, vil14 lages, and roadways— 

15 (A) retain the integrity of the period of the 

16 American Revolution; and 

17 (B) offer outstanding opportunities for 

18 conservation, education, and recreation; 

19 (8) the National Register of Historic Places 

20 lists 251 buildings and sites in the National Park 

21 Service study area for the Crossroads of the Amer22 ican Revolution that are associated with the period 

23 of the American Revolution; 
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1 (9) civilian populations residing in the State of 

2 New Jersey during the American Revolution suffered 

3 extreme hardships because of— 

4 (A) the continuous conflict in the State; 

5 (B) foraging armies; and 

6 (C) marauding contingents of loyalist To7 ries and rebel sympathizers; 

8 (10) because of the important role that the 

9 State of New Jersey played in the successful out10 come of the American Revolution, there is a Federal 

11 interest in developing a regional framework to assist 

12 the State of New Jersey, local governments and or13 ganizations, and private citizens in— 

14 (A) preserving and protecting cultural, his15 toric, and natural resources of the period; and 

16 (B) bringing recognition to those resources 

17 for the educational and recreational benefit of 

18 the present and future generations of citizens of 

19 the United States; and 

20 (11) the National Park Service has conducted a 

21 national heritage area feasibility study in the State 

22 of New Jersey that demonstrates that there is a suf23 ficient assemblage of nationally distinctive cultural, 

24 historic, and natural resources necessary to establish 
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1 the Crossroads of the American Revolution National 

2 Heritage Area. 

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

4 (1) to assist communities, organizations, and 

5 citizens in the State of New Jersey in preserving— 

6 (A) the special historic identity of the 

7 State; and 

8 (B) the importance of the State to the 

9 United States; 

10 (2) to foster a close working relationship among 

11 all levels of government, the private sector, and local 

12 communities in the State; 

13 (3) to provide for the management, preserva14 tion, protection, and interpretation of the cultural, 

15 historic, and natural resources of the State for the 

16 educational and inspirational benefit of future gen17 erations; 

18 (4) to strengthen the value of Morristown Na19 tional Historical Park as an asset to the State by— 

20 (A) establishing a network of related his21 toric resources, protected landscapes, edu22 cational opportunities, and events depicting the 

23 landscape of the State of New Jersey during 

24 the American Revolution; and 
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1 (B) establishing partnerships between Mor2 ristown National Historical Park and other 

3 public and privately owned resources in the 

4 Heritage Area that represent the strategic ful5 crum of the American Revolution; and 

6 (5) to authorize Federal financial and technical 

7 assistance for the purposes described in paragraphs 

8 (1) through (4). 

9 SEC. 297B. DEFINITIONS. 

10 In this subtitle: 

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

12 Area’’ means the Crossroads of the American Revo13 lution National Heritage Area established by section 

14 297C(a). 

15 (2) LOCAL COORDINATING ENTITY.—The term 

16 ‘‘local coordinating entity’’ means the local coordi17 nating entity for the Heritage Area designated by 

18 section 297C(d). 

19 (3) MANAGEMENT PLAN.—The term ‘‘manage20 ment plan’’ means the management plan for the 

21 Heritage Area developed under section 297D. 

22 (4) MAP.—The term ‘‘map’’ means the map en23 titled ‘‘Crossroads of the American Revolution Na24 tional Heritage Area’’, numbered CRRE/80,000, and 

25 dated April 2002. 
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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 New Jersey. 

5 SEC. 297C. CROSSROADS OF THE AMERICAN REVOLUTION 

6 NATIONAL HERITAGE AREA. 

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

8 State the Crossroads of the American Revolution National 

9 Heritage Area. 

10 (b) BOUNDARIES.—The Heritage Area shall consist 

11 of the land and water within the boundaries of the Herit12 age Area, as depicted on the map. 

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

14 and available for public inspection in the appropriate of15 fices of the National Park Service. 

16 (d) LOCAL COORDINATING ENTITY.—The Crossroads 

17 of the American Revolution Association, Inc., a nonprofit 

18 corporation in the State, shall be the local coordinating 

19 entity for the Heritage Area. 

20 SEC. 297D. MANAGEMENT PLAN. 

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

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

23 subtitle, the local coordinating entity shall develop and for24 ward to the Secretary a management plan for the Heritage 

25 Area. 
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1 (b) REQUIREMENTS.—The management plan shall— 

2 (1) include comprehensive policies, strategies, 

3 and recommendations for conservation, funding, 

4 management, and development of the Heritage Area; 

5 (2) take into consideration existing State, coun6 ty, and local plans; 

7 (3) describe actions that units of local govern8 ment, private organizations, and individuals have 

9 agreed to take to protect the cultural, historic, and 

10 natural resources of the Heritage Area; 

11 (4) identify existing and potential sources of 

12 funding for the protection, management, and devel13 opment of the Heritage Area during the first 5 years 

14 of implementation of the management plan; and 

15 (5) include— 

16 (A) an inventory of the cultural, edu17 cational, historic, natural, recreational, and sce18 nic resources of the Heritage Area relating to 

19 the themes of the Heritage Area that should be 

20 restored, managed, or developed; 

21 (B) recommendations of policies and strat22 egies for resource management that result in— 

23 (i) application of appropriate land and 

24 water management techniques; and 
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1 (ii) development of intergovernmental 

2 and interagency cooperative agreements to 

3 protect the cultural, educational, historic, 

4 natural, recreational, and scenic resources 

5 of the Heritage Area; 

6 (C) a program of implementation of the 

7 management plan that includes for the first 5 

8 years of implementation— 

9 (i) plans for resource protection, res10 toration, construction; and 

11 (ii) specific commitments for imple12 mentation that have been made by the 

13 local coordinating entity or any govern14 ment, organization, or individual; 

15 (D) an analysis of and recommendations 

16 for ways in which Federal, State, and local pro17 grams, including programs of the National 

18 Park Service, may be best coordinated to pro19 mote the purposes of this subtitle; and 

20 (E) an interpretive plan for the Heritage 

21 Area. 

22 (c) APPROVAL OR DISAPPROVAL OF MANAGEMENT

23 PLAN.— 

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

25 the date of receipt of the management plan under 
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1 subsection (a), the Secretary shall approve or dis2 approve the management plan. 

3 (2) CRITERIA.—In determining whether to ap4 prove the management plan, the Secretary shall con5 sider whether— 

6 (A) the Board of Directors of the local co7 ordinating entity is representative of the diverse 

8 interests of the Heritage Area, including— 

9 (i) governments; 

10 (ii) natural and historic resource pro11 tection organizations; 

12 (iii) educational institutions; 

13 (iv) businesses; and 

14 (v) recreational organizations; 

15 (B) the local coordinating entity provided 

16 adequate opportunity for public and govern17 mental involvement in the preparation of the 

18 management plan, including public hearings; 

19 (C) the resource protection and interpreta20 tion strategies in the management plan would 

21 adequately protect the cultural, historic, and 

22 natural resources of the Heritage Area; and 

23 (D) the Secretary has received adequate 

24 assurances from the appropriate State and local 

25 officials whose support is needed to ensure the 
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1 effective implementation of the State and local 

2 aspects of the management plan. 

3 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

4 Secretary disapproves the management plan under 

5 paragraph (1), the Secretary shall— 

6 (A) advise the local coordinating entity in 

7 writing of the reasons for the disapproval; 

8 (B) make recommendations for revisions to 

9 the management plan; and 

10 (C) not later than 60 days after the receipt 

11 of any proposed revision of the management 

12 plan from the local coordinating entity, approve 

13 or disapprove the proposed revision. 

14 (d) AMENDMENTS.— 

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

16 or disapprove each amendment to the management 

17 plan that the Secretary determines may make a sub18 stantial change to the management plan. 

19 (2) USE OF FUNDS.—Funds made available 

20 under this subtitle shall not be expended by the local 

21 coordinating entity to implement an amendment de22 scribed in paragraph (1) until the Secretary ap23 proves the amendment. 

24 (e) IMPLEMENTATION.—On completion of the 3-year 

25 period described in subsection (a), any funding made 
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1 available under this subtitle shall be made available to the 

2 local coordinating entity only for implementation of the 

3 approved management plan. 

4 SEC. 297E. AUTHORITIES, DUTIES, AND PROHIBITIONS AP5 PLICABLE TO THE LOCAL COORDINATING EN6 TITY. 

7 (a) AUTHORITIES.—For purposes of preparing and 

8 implementing the management plan, the local coordinating 

9 entity may use funds made available under this subtitle 

10 to— 

11 (1) make grants to, provide technical assistance 

12 to, and enter into cooperative agreements with, the 

13 State (including a political subdivision), a nonprofit 

14 organization, or any other person; 

15 (2) hire and compensate staff, including individ16 uals with expertise in— 

17 (A) cultural, historic, or natural resource 

18 protection; or 

19 (B) heritage programming; 

20 (3) obtain funds or services from any source 

21 (including a Federal law or program); 

22 (4) contract for goods or services; and 

23 (5) support any other activity— 

24 (A) that furthers the purposes of the Her25 itage Area; and 
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1 (B) that is consistent with the manage2 ment plan. 

3 (b) DUTIES.—In addition to developing the manage4 ment plan, the local coordinating entity shall— 

5 (1) assist units of local government, regional 

6 planning organizations, and nonprofit organizations 

7 in implementing the approved management plan 

8 by— 

9 (A) carrying out programs and projects 

10 that recognize, protect, and enhance important 

11 resource values in the Heritage Area; 

12 (B) establishing and maintaining interpre13 tive exhibits and programs in the Heritage 

14 Area; 

15 (C) developing recreational and educational 

16 opportunities in the Heritage Area; 

17 (D) increasing public awareness of and ap18 preciation for cultural, historic, and natural re19 sources of the Heritage Area; 

20 (E) protecting and restoring historic sites 

21 and buildings that are— 

22 (i) located in the Heritage Area; and 

23 (ii) related to the themes of the Herit24 age Area; 
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1 (F) ensuring that clear, consistent, and ap2 propriate signs identifying points of public ac3 cess and sites of interest are installed through4 out the Heritage Area; and 

5 (G) promoting a wide range of partner6 ships among governments, organizations, and 

7 individuals to further the purposes of the Herit8 age Area; 

9 (2) in preparing and implementing the manage10 ment plan, consider the interests of diverse units of 

11 government, businesses, organizations, and individ12 uals in the Heritage Area; 

13 (3) conduct public meetings at least semiannu14 ally regarding the development and implementation 

15 of the management plan; 

16 (4) for any fiscal year for which Federal funds 

17 are received under this subtitle— 

18 (A) submit to the Secretary a report that 

19 describes for the year— 

20 (i) the accomplishments of the local 

21 coordinating entity; 

22 (ii) the expenses and income of the 

23 local coordinating entity; and 

24 (iii) each entity to which a grant was 

25 made; 
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1 (B) make available for audit all informa2 tion relating to the expenditure of the funds 

3 and any matching funds; and 

4 (C) require, for all agreements authorizing 

5 expenditures of Federal funds by any entity, 

6 that the receiving entity make available for 

7 audit all records and other information relating 

8 to the expenditure of the funds; 

9 (5) encourage, by appropriate means, economic 

10 viability that is consistent with the purposes of the 

11 Heritage Area; and 

12 (6) maintain headquarters for the local coordi13 nating entity at Morristown National Historical 

14 Park and in Mercer County. 

15 (c) PROHIBITION ON THE ACQUISITION OF REAL

16 PROPERTY.— 

17 (1) FEDERAL FUNDS.—The local coordinating 

18 entity shall not use Federal funds made available 

19 under this subtitle to acquire real property or any 

20 interest in real property. 

21 (2) OTHER FUNDS.—Notwithstanding para22 graph (1), the local coordinating entity may acquire 

23 real property or an interest in real property using 

24 any other source of funding, including other Federal 

25 funding. 
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1 SEC. 297F. TECHNICAL AND FINANCIAL ASSISTANCE; 

2 OTHER FEDERAL AGENCIES. 

3 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

4 (1) IN GENERAL.—On the request of the local 

5 coordinating entity, the Secretary may provide tech6 nical and financial assistance to the Heritage Area 

7 for the development and implementation of the man8 agement plan. 

9 (2) PRIORITY FOR ASSISTANCE.—In providing 

10 assistance under paragraph (1), the Secretary shall 

11 give priority to actions that assist in— 

12 (A) conserving the significant cultural, his13 toric, natural, and scenic resources of the Her14 itage Area; and 

15 (B) providing educational, interpretive, and 

16 recreational opportunities consistent with the 

17 purposes of the Heritage Area. 

18 (3) OPERATIONAL ASSISTANCE.—Subject to the 

19 availability of appropriations, the Superintendent of 

20 Morristown National Historical Park may, on re21 quest, provide to public and private organizations in 

22 the Heritage Area, including the local coordinating 

23 entity, any operational assistance that is appropriate 

24 for the purpose of supporting the implementation of 

25 the management plan. 
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1 (4) PRESERVATION OF HISTORIC PROP2 ERTIES.—To carry out the purposes of this subtitle, 

3 the Secretary may provide assistance to a State or 

4 local government or nonprofit organization to pro5 vide for the appropriate treatment of— 

6 (A) historic objects; or 

7 (B) structures that are listed or eligible for 

8 listing on the National Register of Historic 

9 Places. 

10 (5) COOPERATIVE AGREEMENTS.—The Sec11 retary may enter into cooperative agreements with 

12 the local coordinating entity and other public or pri13 vate entities to carry out this subsection. 

14 (b) OTHER FEDERAL AGENCIES.—Any Federal 

15 agency conducting or supporting an activity that directly 

16 affects the Heritage Area shall— 

17 (1) consult with the Secretary and the local co18 ordinating entity regarding the activity; 

19 (2)(A) cooperate with the Secretary and the 

20 local coordinating entity in carrying out the of the 

21 Federal agency under this subtitle; and 

22 (B) to the maximum extent practicable, coordi23 nate the activity with the carrying out of those du24 ties; and 
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1 (3) to the maximum extent practicable, conduct 

2 the activity to avoid adverse effects on the Heritage 

3 Area. 

4 SEC. 297G. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—There is authorized to be appro6 priated to carry out this subtitle $10,000,000, of which 

7 not more than $1,000,000 may be authorized to be appro8 priated for any fiscal year. 

9 (b) COST-SHARING REQUIREMENT.—The Federal 

10 share of the cost of any activity assisted under this subtitle 

11 shall be not more than 50 percent. 

12 SEC. 297H. TERMINATION OF AUTHORITY. 

13 The authority of the Secretary to provide assistance 

14 under this subtitle terminates on the date that is 15 years 

15 after the date of enactment of this Act. 

16 TITLE III—NATIONAL HERITAGE 

17 AREA STUDIES 

18 Subtitle A—Western Reserve 

19 Heritage Area Study 

20 SEC. 301. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Western Reserve 

22 Heritage Areas Study Act’’. 

23 SEC. 302. NATIONAL PARK SERVICE STUDY REGARDING 

24 THE WESTERN RESERVE, OHIO. 

25 (a) FINDINGS.—The Congress finds the following: 
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1 (1) The area that encompasses the modern-day 

2 counties of Trumbull, Mahoning, Ashtabula, Por3 tage, Geagua, Lake, Cuyahoga, Summit, Medina, 

4 Huron, Lorain, Erie, Ottawa, and Ashland in Ohio 

5 with the rich history in what was once the Western 

6 Reserve, has made a unique contribution to the cul7 tural, political, and industrial development of the 

8 United States. 

9 (2) The Western Reserve is distinctive as the 

10 land settled by the people of Connecticut after the 

11 Revolutionary War. The Western Reserve holds a 

12 unique mark as the original wilderness land of the 

13 West that many settlers migrated to in order to 

14 begin life outside of the original 13 colonies. 

15 (3) The Western Reserve played a significant 

16 role in providing land to the people of Connecticut 

17 whose property and land was destroyed during the 

18 Revolution. These settlers were descendants of the 

19 brave immigrants who came to the Americas in the 

20 17th century. 

21 (4) The Western Reserve offered a new destina22 tion for those who moved west in search of land and 

23 prosperity. The agricultural and industrial base that 

24 began in the Western Reserve still lives strong in 

25 these prosperous and historical counties. 
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1 (5) The heritage of the Western Reserve re2 mains transfixed in the counties of Trumbull, 

3 Mahoning, Ashtabula, Portage, Geagua, Lake, Cuya4 hoga, Summit, Medina, Huron, Lorain, Erie, Ot5 tawa, and Ashland in Ohio. The people of these 

6 counties are proud of their heritage as shown 

7 through the unwavering attempts to preserve agri8 cultural land and the industrial foundation that has 

9 been embedded in this region since the establishment 

10 of the Western Reserve. Throughout these counties, 

11 historical sites, and markers preserve the unique tra12 ditions and customs of its original heritage. 

13 (6) The counties that encompass the Western 

14 Reserve continue to maintain a strong connection to 

15 its historic past as seen through its preservation of 

16 its local heritage, including historic homes, buildings, 

17 and centers of public gatherings. 

18 (7) There is a need for assistance for the pres19 ervation and promotion of the significance of the 

20 Western Reserve as the natural, historic and cul21 tural heritage of the counties of Trumbull, 

22 Mahoning, Ashtabula, Portage, Geagua, Lake, Cuya23 hoga, Summit, Medina, Huron, Lorain, Erie, Ottawa 

24 and Ashland in Ohio. 
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1 (8) The Department of the Interior is respon2 sible for protecting the Nation’s cultural and histor3 ical resources. There are significant examples of 

4 such resources within these counties and what was 

5 once the Western Reserve to merit the involvement 

6 of the Federal Government in the development of 

7 programs and projects, in cooperation with the State 

8 of Ohio and other local governmental entities, to 

9 adequately conserve, protect, and interpret this her10 itage for future generations, while providing oppor11 tunities for education and revitalization. 

12 (b) STUDY.— 

13 (1) IN GENERAL.—The Secretary, acting 

14 through the National Park Service Rivers, Trails, 

15 and Conservation Assistance Program, Midwest Re16 gion, and in consultation with the State of Ohio, the 

17 counties of Trumbull, Mahoning, Ashtabula, Por18 tage, Geagua, Lake, Cuyahoga, Summit, Medina, 

19 Huron, Lorain, Erie, Ottawa, and Ashland, and 

20 other appropriate organizations, shall carry out a 

21 study regarding the suitability and feasibility of es22 tablishing the Western Reserve Heritage Area in 

23 these counties in Ohio. 
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1 (2) CONTENTS.—The study shall include anal2 ysis and documentation regarding whether the Study 

3 Area— 

4 (A) has an assemblage of natural, historic, 

5 and cultural resources that together represent 

6 distinctive aspects of American heritage worthy 

7 of recognition, conservation, interpretation, and 

8 continuing use, and are best managed through 

9 partnerships among public and private entities 

10 and by combining diverse and sometimes non11 contiguous resources and active communities; 

12 (B) reflects traditions, customs, beliefs, 

13 and folklife that are a valuable part of the na14 tional story; 

15 (C) provides outstanding opportunities to 

16 conserve natural, historic, cultural, or scenic 

17 features; 

18 (D) provides outstanding recreational and 

19 educational opportunities; 

20 (E) contains resources important to the 

21 identified theme or themes of the Study Area 

22 that retain a degree of integrity capable of sup23 porting interpretation; 

24 (F) includes residents, business interests, 

25 nonprofit organizations, and local and State 
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1 governments that are involved in the planning, 

2 have developed a conceptual financial plan that 

3 outlines the roles for all participants, including 

4 the Federal Government, and have dem5 onstrated support for the concept of a national 

6 heritage area; 

7 (G) has a potential local coordinating enti8 ty to work in partnership with residents, busi9 ness interests, nonprofit organizations, and 

10 local and State governments to develop a na11 tional heritage area consistent with continued 

12 local and State economic activity; 

13 (H) has a conceptual boundary map that is 

14 supported by the public; and 

15 (I) has potential or actual impact on pri16 vate property located within or abutting the 

17 Study Area. 

18 (c) BOUNDARIES OF THE STUDY AREA.—The Study 

19 Area shall be comprised of the counties of Trumbull, 

20 Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, 

21 Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ash22 land in Ohio. 
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1 Subtitle B—St. Croix National 

2 Heritage Area Study 

3 SEC. 311. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘St. Croix National 

5 Heritage Area Study Act’’. 

6 SEC. 312. STUDY. 

7 (a) IN GENERAL.—The Secretary of the Interior, in 

8 consultation with appropriate State historic preservation 

9 officers, States historical societies, and other appropriate 

10 organizations, shall conduct a study regarding the suit11 ability and feasibility of designating the island of St. Croix 

12 as the St. Croix National Heritage Area. The study shall 

13 include analysis, documentation, and determination re14 garding whether the island of St. Croix— 

15 (1) has an assemblage of natural, historic, and 

16 cultural resources that together represent distinctive 

17 aspects of American heritage worthy of recognition, 

18 conservation, interpretation, and continuing use, and 

19 are best managed through partnerships among pub20 lic and private entities and by combining diverse and 

21 sometimes noncontiguous resources and active com22 munities; 

23 (2) reflects traditions, customs, beliefs, and 

24 folklife that are a valuable part of the national story; 
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1 (3) provides outstanding opportunities to con2 serve natural, historic, cultural, or scenic features; 

3 (4) provides outstanding recreational and edu4 cational opportunities; 

5 (5) contains resources important to the identi6 fied theme or themes of the island of St. Croix that 

7 retain a degree of integrity capable of supporting in8 terpretation; 

9 (6) includes residents, business interests, non10 profit organizations, and local and State govern11 ments that are involved in the planning, have devel12 oped a conceptual financial plan that outlines the 

13 roles of all participants (including the Federal Gov14 ernment), and have demonstrated support for the 

15 concept of a national heritage area; 

16 (7) has a potential local coordinating entity to 

17 work in partnership with residents, business inter18 ests, nonprofit organizations, and local and State 

19 governments to develop a national heritage area con20 sistent with continued local and State economic ac21 tivity; and 

22 (8) has a conceptual boundary map that is sup23 ported by the public. 

24 (b) REPORT.—Not later than 3 fiscal years after the 

25 date on which funds are first made available for this sec-
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1 tion, the Secretary of the Interior shall submit to the Com2 mittee on Resources of the House of Representatives and 

3 the Committee on Energy and Natural Resources of the 

4 Senate a report on the findings, conclusions, and rec5 ommendations of the study. 

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

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

8 analyze the potential impact that designation of the area 

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

10 the proposed area or bordering the proposed area that is 

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

12 Subtitle C—Southern Campaign of 

13 the Revolution 

14 SEC. 321. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Southern Cam16 paign of the Revolution Heritage Area Study Act’’. 

17 SEC. 322. SOUTHERN CAMPAIGN OF THE REVOLUTION HER18 ITAGE AREA STUDY. 

19 (a) STUDY.—The Secretary of the Interior, in con20 sultation with appropriate State historic preservation offi21 cers, States historical societies, the South Carolina De22 partment of Parks, Recreation, and Tourism, and other 

23 appropriate organizations, shall conduct a study regarding 

24 the suitability and feasibility of designating the study area 

25 described in subsection (b) as the Southern Campaign of 
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1 the Revolution Heritage Area. The study shall include 

2 analysis, documentation, and determination regarding 

3 whether the study area— 

4 (1) has an assemblage of natural, historic, and 

5 cultural resources that together represent distinctive 

6 aspects of American heritage worthy of recognition, 

7 conservation, interpretation, and continuing use, and 

8 are best managed through partnerships among pub9 lic and private entities and by combining diverse and 

10 sometimes noncontiguous resources and active com11 munities; 

12 (2) reflects traditions, customs, beliefs, and 

13 folklife that are a valuable part of the national story; 

14 (3) provides outstanding opportunities to con15 serve natural, historic, cultural, or scenic features; 

16 (4) provides outstanding recreational and edu17 cational opportunities; 

18 (5) contains resources important to the identi19 fied theme or themes of the study area that retain 

20 a degree of integrity capable of supporting interpre21 tation; 

22 (6) includes residents, business interests, non23 profit organizations, and local and State govern24 ments that are involved in the planning, have devel25 oped a conceptual financial plan that outlines the 
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1 roles of all participants (including the Federal Gov2 ernment), and have demonstrated support for the 

3 concept of a national heritage area; 

4 (7) has a potential local coordinating entity to 

5 work in partnership with residents, business inter6 ests, nonprofit organizations, and local and State 

7 governments to develop a national heritage area con8 sistent with continued local and State economic ac9 tivity; and 

10 (8) has a conceptual boundary map that is sup11 ported by the public. 

12 (b) STUDY AREA.— 

13 (1) IN GENERAL.— 

14 (A) SOUTH CAROLINA.—The study area 

15 shall include the following counties in South 

16 Carolina: Anderson, Pickens, Greenville County, 

17 Spartanburg, Cherokee County, Greenwood, 

18 Laurens, Union, York, Chester, Darlington, 

19 Florence, Chesterfield, Marlboro, Fairfield, 

20 Richland, Lancaster, Kershaw, Sumter, 

21 Orangeburg, Georgetown, Dorchester, Colleton, 

22 Charleston, Beaufort, Calhoun, Clarendon, and 

23 Williamsburg. 
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1 (B) NORTH CAROLINA.—The study area 

2 may include sites and locations in North Caro3 lina as appropriate. 

4 (2) SPECIFIC SITES.—The heritage area may 

5 include the following sites of interest: 

6 (A) NATIONAL PARK SERVICE SITE.— 

7 Kings Mountain National Military Park, 

8 Cowpens National Battlefield, Fort Moultrie 

9 National Monument, Charles Pickney National 

10 Historic Site, and Ninety Six National Historic 

11 Site as well as the National Park Affiliate of 

12 Historic Camden Revolutionary War Site. 

13 (B) STATE-MAINTAINED SITES.—Colonial 

14 Dorchester State Historic Site, Eutaw Springs 

15 Battle Site, Hampton Plantation State Historic 

16 Site, Landsford Canal State Historic Site, An17 drew Jackson State Park, and Musgrove Mill 

18 State Park. 

19 (C) COMMUNITIES.—Charleston, Beaufort, 

20 Georgetown, Kingstree, Cheraw, Camden, 

21 Winnsboro, Orangeburg, and Cayce. 

22 (D) OTHER KEY SITES OPEN TO THE PUB23 LIC.—Middleton Place, Goose Creek Church, 

24 Hopsewee Plantation, Walnut Grove Plantation, 

25 Fort Watson, and Historic Brattonsville. 
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1 (c) REPORT.—Not later than 3 fiscal years after the 

2 date on which funds are first made available to carry out 

3 this subtitle, the Secretary of the Interior shall submit to 

4 the Committee on Resources of the House of Representa5 tives and the Committee on Energy and Natural Re6 sources of the Senate a report on the findings, conclusions, 

7 and recommendations of the study. 

8 TITLE IV—ILLINOIS AND MICHI9 GAN CANAL NATIONAL HERIT10 AGE CORRIDOR ACT AMEND11 MENTS 

12 SEC. 401. SHORT TITLE. 

13 This title may be cited as the ‘‘Illinois and Michigan 

14 Canal National Heritage Corridor Act Amendments of 

15 2005’’. 

16 SEC. 402. TRANSITION AND PROVISIONS FOR NEW LOCAL 

17 COORDINATING ENTITY. 

18 The Illinois and Michigan Canal National Heritage 

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

20 note) is amended as follows: 

21 (1) In section 103— 

22 (A) in paragraph (8), by striking ‘‘and’’; 

23 (B) in paragraph (9), by striking the pe24 riod and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 
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1 ‘‘(10) the term ‘Association’ means the Canal 

2 Corridor Association (an organization described 

3 under section 501(c)(3) of the Internal Revenue 

4 Code of 1986 and exempt from taxation under sec5 tion 501(a) of such Code).’’. 

6 (2) By adding at the end of section 112 the fol7 lowing new paragraph: 

8 ‘‘(7) The Secretary shall enter into a memo9 randum of understanding with the Association to 

10 help ensure appropriate transition of the local co11 ordinating entity to the Association and coordination 

12 with the Association regarding that role.’’. 

13 (3) By adding at the end the following new sec14 tions: 

15 ‘‘SEC. 119. ASSOCIATION AS LOCAL COORDINATING ENTITY. 

16 ‘‘Upon the termination of the Commission, the local 

17 coordinating entity for the corridor shall be the Associa18 tion. 

19 ‘‘SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION. 

20 ‘‘For purposes of preparing and implementing the 

21 management plan developed under section 121, the Asso22 ciation may use Federal funds made available under this 

23 title— 
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1 ‘‘(1) to make grants to, and enter into coopera2 tive agreements with, States and their political sub3 divisions, private organizations, or any person; 

4 ‘‘(2) to hire, train, and compensate staff; and 

5 ‘‘(3) to enter into contracts for goods and serv6 ices. 

7 ‘‘SEC. 121. DUTIES OF THE ASSOCIATION. 

8 ‘‘The Association shall— 

9 ‘‘(1) develop and submit to the Secretary for 

10 approval under section 123 a proposed management 

11 plan for the corridor not later than 2 years after 

12 Federal funds are made available for this purpose; 

13 ‘‘(2) give priority to implementing actions set 

14 forth in the management plan, including taking 

15 steps to assist units of local government, regional 

16 planning organizations, and other organizations— 

17 ‘‘(A) in preserving the corridor; 

18 ‘‘(B) in establishing and maintaining inter19 pretive exhibits in the corridor; 

20 ‘‘(C) in developing recreational resources 

21 in the corridor; 

22 ‘‘(D) in increasing public awareness of and 

23 appreciation for the natural, historical, and ar24 chitectural resources and sites in the corridor; 

25 and 
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1 ‘‘(E) in facilitating the restoration of any 

2 historic building relating to the themes of the 

3 corridor; 

4 ‘‘(3) encourage by appropriate means economic 

5 viability in the corridor consistent with the goals of 

6 the management plan; 

7 ‘‘(4) consider the interests of diverse govern8 mental, business, and other groups within the cor9 ridor; 

10 ‘‘(5) conduct public meetings at least quarterly 

11 regarding the implementation of the management 

12 plan; 

13 ‘‘(6) submit substantial changes (including any 

14 increase of more than 20 percent in the cost esti15 mates for implementation) to the management plan 

16 to the Secretary; and 

17 ‘‘(7) for any year in which Federal funds have 

18 been received under this title— 

19 ‘‘(A) submit an annual report to the Sec20 retary setting forth the Association’s accom21 plishments, expenses and income, and the iden22 tity of each entity to which grants were made 

23 during the year for which the report is made; 
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1 ‘‘(B) make available for audit all records 

2 pertaining to the expenditure of such funds and 

3 any matching funds; and 

4 ‘‘(C) require, for all agreements author5 izing expenditure of Federal funds by other or6 ganizations, that the receiving organizations 

7 make available for audit all records pertaining 

8 to the expenditure of such funds. 

9 ‘‘SEC. 122. USE OF FEDERAL FUNDS. 

10 ‘‘(a) IN GENERAL.—The Association shall not use 

11 Federal funds received under this title to acquire real 

12 property or an interest in real property. 

13 ‘‘(b) OTHER SOURCES.—Nothing in this title pre14 cludes the Association from using Federal funds from 

15 other sources for authorized purposes. 

16 ‘‘SEC. 123. MANAGEMENT PLAN. 

17 ‘‘(a) PREPARATION OF MANAGEMENT PLAN.—Not 

18 later than 3 years after the date that Federal funds are 

19 made available for this purpose, the Association shall sub20 mit to the Secretary for approval a proposed management 

21 plan that shall— 

22 ‘‘(1) take into consideration State and local 

23 plans and involve residents, local governments and 

24 public agencies, and private organizations in the cor25 ridor; 
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1 ‘‘(2) present comprehensive recommendations 

2 for the corridor’s conservation, funding, manage3 ment, and development; 

4 ‘‘(3) include actions proposed to be undertaken 

5 by units of government and nongovernmental and 

6 private organizations to protect the resources of the 

7 corridor; 

8 ‘‘(4) specify the existing and potential sources 

9 of funding to protect, manage, and develop the cor10 ridor; and 

11 ‘‘(5) include— 

12 ‘‘(A) identification of the geographic 

13 boundaries of the corridor; 

14 ‘‘(B) a brief description and map of the 

15 corridor’s overall concept or vision that show 

16 key sites, visitor facilities and attractions, and 

17 physical linkages; 

18 ‘‘(C) identification of overall goals and the 

19 strategies and tasks intended to reach them, 

20 and a realistic schedule for completing the 

21 tasks; 

22 ‘‘(D) a listing of the key resources and 

23 themes of the corridor; 

24 ‘‘(E) identification of parties proposed to 

25 be responsible for carrying out the tasks; 
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1 ‘‘(F) a financial plan and other informa2 tion on costs and sources of funds; 

3 ‘‘(G) a description of the public participa4 tion process used in developing the plan and a 

5 proposal for public participation in the imple6 mentation of the management plan; 

7 ‘‘(H) a mechanism and schedule for updat8 ing the plan based on actual progress; 

9 ‘‘(I) a bibliography of documents used to 

10 develop the management plan; and 

11 ‘‘(J) a discussion of any other relevant 

12 issues relating to the management plan. 

13 ‘‘(b) DISQUALIFICATION FROM FUNDING.—If a pro14 posed management plan is not submitted to the Secretary 

15 within 3 years after the date that Federal funds are made 

16 available for this purpose, the Association shall be ineli17 gible to receive additional funds under this title until the 

18 Secretary receives a proposed management plan from the 

19 Association. 

20 ‘‘(c) APPROVAL OF MANAGEMENT PLAN.—The Sec21 retary shall approve or disapprove a proposed manage22 ment plan submitted under this title not later than 180 

23 days after receiving such proposed management plan. If 

24 action is not taken by the Secretary within the time period 

25 specified in the preceding sentence, the management plan 
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1 shall be deemed approved. The Secretary shall consult 

2 with the local entities representing the diverse interests 

3 of the corridor including governments, natural and historic 

4 resource protection organizations, educational institutions, 

5 businesses, recreational organizations, community resi6 dents, and private property owners prior to approving the 

7 management plan. The Association shall conduct semi-an8 nual public meetings, workshops, and hearings to provide 

9 adequate opportunity for the public and local and govern10 mental entities to review and to aid in the preparation and 

11 implementation of the management plan. 

12 ‘‘(d) EFFECT OF APPROVAL.—Upon the approval of 

13 the management plan as provided in subsection (c), the 

14 management plan shall supersede the conceptual plan con15 tained in the National Park Service report. 

16 ‘‘(e) ACTION FOLLOWING DISAPPROVAL.—If the Sec17 retary disapproves a proposed management plan within 

18 the time period specified in subsection (c), the Secretary 

19 shall advise the Association in writing of the reasons for 

20 the disapproval and shall make recommendations for revi21 sions to the proposed management plan. 

22 ‘‘(f) APPROVAL OF AMENDMENTS.—The Secretary 

23 shall review and approve all substantial amendments (in24 cluding any increase of more than 20 percent in the cost 

25 estimates for implementation) to the management plan. 
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1 Funds made available under this title may not be ex2 pended to implement any changes made by a substantial 

3 amendment until the Secretary approves that substantial 

4 amendment. 

5 ‘‘SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; 

6 OTHER FEDERAL AGENCIES. 

7 ‘‘(a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

8 Upon the request of the Association, the Secretary may 

9 provide technical assistance, on a reimbursable or non10 reimbursable basis, and financial assistance to the Asso11 ciation to develop and implement the management plan. 

12 The Secretary is authorized to enter into cooperative 

13 agreements with the Association and other public or pri14 vate entities for this purpose. In assisting the Association, 

15 the Secretary shall give priority to actions that in general 

16 assist in— 

17 ‘‘(1) conserving the significant natural, historic, 

18 cultural, and scenic resources of the corridor; and 

19 ‘‘(2) providing educational, interpretive, and 

20 recreational opportunities consistent with the pur21 poses of the corridor. 

22 ‘‘(b) DUTIES OF OTHER FEDERAL AGENCIES.—Any 

23 Federal agency conducting or supporting activities directly 

24 affecting the corridor shall— 
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1 ‘‘(1) consult with the Secretary and the Asso2 ciation with respect to such activities; 

3 ‘‘(2) cooperate with the Secretary and the Asso4 ciation in carrying out their duties under this title; 

5 ‘‘(3) to the maximum extent practicable, coordi6 nate such activities with the carrying out of such du7 ties; and 

8 ‘‘(4) to the maximum extent practicable, con9 duct or support such activities in a manner which 

10 the Association determines is not likely to have an 

11 adverse effect on the corridor. 

12 ‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘(a) IN GENERAL.—To carry out this title there is 

14 authorized to be appropriated $10,000,000, except that 

15 not more than $1,000,000 may be appropriated to carry 

16 out this title for any fiscal year. 

17 ‘‘(b) 50 PERCENT MATCH.—The Federal share of the 

18 cost of activities carried out using any assistance or grant 

19 under this title shall not exceed 50 percent of that cost. 

20 ‘‘SEC. 126. SUNSET. 

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 of enactment of this section.’’. 
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1 SEC. 403. PRIVATE PROPERTY PROTECTION. 

2 The Illinois and Michigan Canal National Heritage 

3 Corridor Act of 1984 is further amended by adding after 

4 section 126 (as added by section 402) the following new 

5 sections: 

6 ‘‘SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE 

7 PROPERTY. 

8 ‘‘(a) NOTIFICATION AND CONSENT OF PROPERTY

9 OWNERS REQUIRED.—No privately owned property shall 

10 be preserved, conserved, or promoted by the management 

11 plan for the corridor until the owner of that private prop12 erty has been notified in writing by the Association and 

13 has given written consent for such preservation, conserva14 tion, or promotion to the Association. 

15 ‘‘(b) LANDOWNER WITHDRAWAL.—Any owner of pri16 vate property included within the boundary of the corridor, 

17 and not notified under subsection (a), shall have their 

18 property immediately removed from the boundary of the 

19 corridor by submitting a written request to the Associa20 tion. 

21 ‘‘SEC. 128. PRIVATE PROPERTY PROTECTION. 

22 ‘‘(a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

23 this title shall be construed to— 

24 ‘‘(1) require any private property owner to 

25 allow public access (including Federal, State, or local 

26 government access) to such private property; or 
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1 ‘‘(2) modify any provision of Federal, State, or 

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

3 private property. 

4 ‘‘(b) LIABILITY.—Designation of the corridor shall 

5 not be considered to create any liability, or to have any 

6 effect on any liability under any other law, of any private 

7 property owner with respect to any persons injured on 

8 such private property. 

9 ‘‘(c) RECOGNITION OF AUTHORITY TO CONTROL

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

11 modify the authority of Federal, State, or local govern12 ments to regulate land use. 

13 ‘‘(d) PARTICIPATION OF PRIVATE PROPERTY OWN14 ERS IN CORRIDOR.—Nothing in this title shall be con15 strued to require the owner of any private property located 

16 within the boundaries of the corridor to participate in or 

17 be associated with the corridor. 

18 ‘‘(e) EFFECT OF ESTABLISHMENT.—The boundaries 

19 designated for the corridor represent the area within 

20 which Federal funds appropriated for the purpose of this 

21 title may be expended. The establishment of the corridor 

22 and its boundaries shall not be construed to provide any 

23 nonexisting regulatory authority on land use within the 

24 corridor or its viewshed by the Secretary, the National 

25 Park Service, or the Association.’’. 
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1 TITLE V—REAUTHORIZATION OF 

2 APPROPRIATIONS FOR NEW 

3 JERSEY COASTAL HERITAGE 

4 TRAIL ROUTE 

5 SEC. 501. REAUTHORIZATION OF APPROPRIATIONS FOR 

6 NEW JERSEY COASTAL HERITAGE TRAIL 

7 ROUTE. 

8 (a) REAUTHORIZATION.—Public Law 100–515 (16 

9 U.S.C. 1244 note) is amended by striking section 6 and 

10 inserting the following: 

11 ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘(a) IN GENERAL.—There are authorized to be ap13 propriated to the Secretary such sums as are necessary 

14 to carry out this Act. 

15 ‘‘(b) USE OF FUNDS.— 

16 ‘‘(1) IN GENERAL.—Amounts made available 

17 under subsection (a) shall be used only for— 

18 ‘‘(A) technical assistance; and 

19 ‘‘(B) the design and fabrication of inter20 pretive materials, devices, and signs. 

21 ‘‘(2) LIMITATIONS.—No funds made available 

22 under subsection (a) shall be used for— 

23 ‘‘(A) operation, repair, or construction 

24 costs, except for the costs of constructing inter25 pretive exhibits; or 
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1 ‘‘(B) operation, maintenance, or repair 

2 costs for any road or related structure. 

3 ‘‘(3) COST-SHARING REQUIREMENT.— 

4 ‘‘(A) FEDERAL SHARE.—The Federal 

5 share of any project carried out with amounts 

6 made available under subsection (a)— 

7 ‘‘(i) may not exceed 50 percent of the 

8 total project costs; and 

9 ‘‘(ii) shall be provided on a matching 

10 basis. 

11 ‘‘(B) FORM OF NON-FEDERAL SHARE.— 

12 The non-Federal share of carrying out a project 

13 with amounts made available under subsection 

14 (a) may be in the form of cash, materials, or 

15 in-kind services, the value of which shall be de16 termined by the Secretary. 

17 ‘‘(c) TERMINATION OF AUTHORITY.—The authorities 

18 provided to the Secretary under this Act shall terminate 

19 on September 30, 2007.’’. 

20 (b) STRATEGIC PLAN.— 

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

22 the date on which funds are made available, the Sec23 retary of the Interior shall prepare a strategic plan 

24 for the New Jersey Coastal Heritage Trail Route. 
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1 (2) CONTENTS.—The strategic plan shall de2 scribe— 

3 (A) opportunities to increase participation 

4 by national and local private and public inter5 ests in the planning, development, and adminis6 tration of the New Jersey Coastal Heritage 

7 Trail Route; and 

8 (B) organizational options for sustaining 

9 the New Jersey Coastal Heritage Trail Route. 

Passed the Senate July 26, 2005. 

Attest: EMILY J. REYNOLDS, 

Secretary.