109TH CONGRESS

1ST SESSION S. 203

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

16 minimum—

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

25 include—
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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.—
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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
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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
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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—
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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.—
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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;
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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
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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

21 subtitle—

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
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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

11 subtitle—

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
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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
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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;
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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.
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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
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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.
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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;
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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;
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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;
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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.—
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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—
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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-
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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-
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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
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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

16 assistance—

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
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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-
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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
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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-
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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-
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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,

7 including—

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
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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
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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-
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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
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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,

8 including—

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,

21 including—

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

25 includes—
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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

13 subtitle—

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

2 describe—

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:

Secretary.
109TH CONGRESS

1ST SESSION S. 203

AN ACT

To reduce temporarily the royalty required to be

National Heritage Areas, and for other purposes.paid for sodium produced, to establish certain