I 

109TH CONGRESS 

1ST SESSION H. R. 1820 

To amend the Illinois and Michigan Canal National Heritage Corridor Act 

of 1984 to help ensure the appropriate transition of the management 

entity of the heritage corridor, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2005 

Mr. WELLER (for himself and Mrs. BIGGERT) introduced the following bill; 

which was referred to the Committee on Resources 

A BILL 

To amend the Illinois and Michigan Canal National Heritage 

Corridor Act of 1984 to help ensure the appropriate 

transition of the management entity of the heritage corridor, 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. 

4 This Act may be cited as the ‘‘Illinois and Michigan 

5 Canal National Heritage Corridor Act Amendments of 

6 2005’’. 
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1 SEC. 2. TRANSITION AND PROVISIONS FOR NEW MANAGE2 MENT ENTITY. 

3 The Illinois and Michigan Canal National Heritage 

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

5 note) is amended as follows: 

6 (1) In section 103— 

7 (A) in paragraph (8), by striking ‘‘and’’; 

8 (B) in paragraph (9), by striking the pe9 riod and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(10) the term ‘Association’ means the Canal 

12 Corridor Association (an organization described 

13 under section 501(c)(3) of the Internal Revenue 

14 Code of 1986 and exempt from taxation under sec15 tion 501(a) of such Code).’’. 

16 (2) By adding at the end of section 112 the fol17 lowing new paragraph: 

18 ‘‘(7) The Secretary shall enter into a memo19 randum of understanding with the Association to 

20 help ensure appropriate transition of the manage21 ment entity to the Association and coordination with 

22 the Association regarding that role.’’. 

23 (3) By adding at the end the following new sec24 tions: 
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1 ‘‘SEC. 119. ASSOCIATION AS MANAGEMENT ENTITY. 

2 ‘‘Upon the termination of the Commission, the man3 agement entity for the corridor shall be the Association. 

4 ‘‘SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION. 

5 ‘‘For purposes of preparing and implementing the 

6 management plan developed under section 121, the Asso7 ciation may use Federal funds made available under this 

8 title— 

9 ‘‘(1) to make loans and grants to, and enter 

10 into cooperative agreements with, States and their 

11 political subdivisions, private organizations, or any 

12 person; 

13 ‘‘(2) to hire, train, and compensate staff; and 

14 ‘‘(3) to enter into contracts for goods and serv15 ices. 

16 ‘‘SEC. 121. DUTIES OF THE ASSOCIATION. 

17 ‘‘‘The Association shall— 

18 ‘‘(1) develop and submit to the Secretary for 

19 approval under section 123 a proposed management 

20 plan for the corridor not later than 2 years after 

21 Federal funds are made available for this purpose; 

22 ‘‘(2) give priority to implementing actions set 

23 forth in the management plan, including taking 

24 steps to assist units of local government, regional 

25 planning organizations, and other organizations— 

26 ‘‘(A) in preserving the corridor; 
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1 ‘‘(B) in establishing and maintaining inter2 pretive exhibits in the corridor; 

3 ‘‘(C) in developing recreational resources 

4 in the corridor; 

5 ‘‘(D) in increasing public awareness of and 

6 appreciation for the natural, historical, and ar7 chitectural resources and sites in the corridor; 

8 and 

9 ‘‘(E) in facilitating the restoration of any 

10 historic building relating to the themes of the 

11 corridor; 

12 ‘‘(3) encourage by appropriate means economic 

13 viability in the corridor consistent with the goals of 

14 the management plan; 

15 ‘‘(4) consider the interests of diverse govern16 mental, business, and other groups within the cor17 ridor; 

18 ‘‘(5) conduct public meetings at least quarterly 

19 regarding the implementation of the management 

20 plan; 

21 ‘‘(6) submit substantial changes (including any 

22 increase of more than 20 percent in the cost esti23 mates for implementation) to the management plan 

24 to the Secretary; and 
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1 ‘‘(7) for any year in which Federal funds have 

2 been received under this title— 

3 ‘‘(A) submit an annual report to the Sec4 retary setting forth the Association’s accom5 plishments, expenses and income, and the iden6 tity of each entity to which any loans and 

7 grants were made during the year for which the 

8 report is made; 

9 ‘‘(B) make available for audit all records 

10 pertaining to the expenditure of such funds and 

11 any matching funds; and 

12 ‘‘(C) require, for all agreements author13 izing expenditure of Federal funds by other or14 ganizations, that the receiving organizations 

15 make available for audit all records pertaining 

16 to the expenditure of such funds. 

17 ‘‘SEC. 122. USE OF FEDERAL FUNDS. 

18 ‘‘(a) IN GENERAL.—The Association shall not use 

19 Federal funds received under this title to acquire real 

20 property or an interest in real property. 

21 ‘‘(b) OTHER SOURCES.—Nothing in this title pre22 cludes the Association from using Federal funds from 

23 other sources for authorized purposes. 
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1 ‘‘SEC. 123. MANAGEMENT PLAN. 

2 ‘‘(a) PREPARATION OF MANAGEMENT PLAN.—Not 

3 later than 2 years after the date that Federal funds are 

4 made available for this purpose, the Association shall sub5 mit to the Secretary for approval a proposed management 

6 plan that shall— 

7 ‘‘(1) take into consideration State and local 

8 plans and involve residents, local governments and 

9 public agencies, and private organizations in the cor10 ridor; 

11 ‘‘(2) present comprehensive recommendations 

12 for the corridor’s conservation, funding, manage13 ment, and development; 

14 ‘‘(3) include actions proposed to be undertaken 

15 by units of government and nongovernmental and 

16 private organizations to protect the resources of the 

17 corridor; 

18 ‘‘(4) specify the existing and potential sources 

19 of funding to protect, manage, and develop the cor20 ridor; and 

21 ‘‘(5) include— 

22 ‘‘(A) identification of the geographic 

23 boundaries of the corridor; 

24 ‘‘(B) a brief description and map of the 

25 corridor’s overall concept or vision that show 
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1 key sites, visitor facilities and attractions, and 

2 physical linkages; 

3 ‘‘(C) identification of overall goals and the 

4 strategies and tasks intended to reach them, 

5 and a realistic schedule for completing the 

6 tasks; 

7 ‘‘(D) a listing of the key resources and 

8 themes of the corridor; 

9 ‘‘(E) identification of parties proposed to 

10 be responsible for carrying out the tasks; 

11 ‘‘(F) a financial plan and other informa12 tion on costs and sources of funds; 

13 ‘‘(G) a description of the public participa14 tion process used in developing the plan and a 

15 proposal for public participation in the imple16 mentation of the management plan; 

17 ‘‘(H) a mechanism and schedule for updat18 ing the plan based on actual progress; 

19 ‘‘(I) a bibliography of documents used to 

20 develop the management plan; and 

21 ‘‘(J) a discussion of any other relevant 

22 issues relating to the management plan. 

23 ‘‘(b) DISQUALIFICATION FROM FUNDING.—If a pro24 posed management plan is not submitted to the Secretary 

25 within 2 years after the date that Federal funds are made 
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1 available for this purpose, the Association shall be ineli2 gible to receive additional funds under this title until the 

3 Secretary receives a proposed management plan from the 

4 Association. 

5 ‘‘(c) APPROVAL OF MANAGEMENT PLAN.—The Sec6 retary shall approve or disapprove a proposed manage7 ment plan submitted under this title not later than 180 

8 days after receiving such proposed management plan. If 

9 action is not taken by the Secretary within the time period 

10 specified in the preceding sentence, the management plan 

11 shall be deemed approved. The Secretary shall consult 

12 with the local entities representing the diverse interests 

13 of the corridor including governments, natural and historic 

14 resource protection organizations, educational institutions, 

15 businesses, recreational organizations, community resi16 dents, and private property owners prior to approving the 

17 management plan. The Association shall conduct semi-an18 nual public meetings, workshops, and hearings to provide 

19 adequate opportunity for the public and local and govern20 mental entities to review and to aid in the preparation and 

21 implementation of the management plan. 

22 ‘‘(d) EFFECT OF APPROVAL.—Upon the approval of 

23 the management plan as provided in subsection (c), the 

24 management plan shall supersede the conceptual plan con25 tained in the National Park Service report. 
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1 ‘‘(e) ACTION FOLLOWING DISAPPROVAL.—If the Sec2 retary disapproves a proposed management plan within 

3 the time period specified in subsection (c), the Secretary 

4 shall advise the Association in writing of the reasons for 

5 the disapproval and shall make recommendations for revi6 sions to the proposed management plan. 

7 ‘‘(f) APPROVAL OF AMENDMENTS.—The Secretary 

8 shall review and approve all substantial amendments (in9 cluding any increase of more than 20 percent in the cost 

10 estimates for implementation) to the management plan. 

11 Funds made available under this title may not be ex12 pended to implement any changes made by a substantial 

13 amendment until the Secretary approves that substantial 

14 amendment. 

15 ‘‘SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; 

16 OTHER FEDERAL AGENCIES. 

17 ‘‘(a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

18 Upon the request of the Association, the Secretary may 

19 provide technical assistance, on a reimbursable or non20 reimbursable basis, and financial assistance to the Asso21 ciation to develop and implement the management plan. 

22 The Secretary is authorized to enter into cooperative 

23 agreements with the Association and other public or pri24 vate entities for this purpose. In assisting the Association, 
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1 the Secretary shall give priority to actions that in general 

2 assist in— 

3 ‘‘(1) conserving the significant natural, historic, 

4 cultural, and scenic resources of the corridor; and 

5 ‘‘(2) providing educational, interpretive, and 

6 recreational opportunities consistent with the pur7 poses of the corridor. 

8 ‘‘(b) DUTIES OF OTHER FEDERAL AGENCIES.—Any 

9 Federal agency conducting or supporting activities directly 

10 affecting the corridor shall— 

11 ‘‘(1) consult with the Secretary and the Asso12 ciation with respect to such activities; 

13 ‘‘(2) cooperate with the Secretary and the Asso14 ciation in carrying out their duties under this title; 

15 ‘‘(3) to the maximum extent practicable, coordi16 nate such activities with the carrying out of such du17 ties; and 

18 ‘‘(4) to the maximum extent practicable, con19 duct or support such activities in a manner which 

20 the Association determines is not likely to have an 

21 adverse effect on the corridor. 

22 ‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘(a) IN GENERAL.—To carry out this title there is 

24 authorized to be appropriated $10,000,000, except that 
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1 not more than $1,000,000 may be appropriated to carry 

2 out this title for any fiscal year. 

3 ‘‘(b) 50 PERCENT MATCH.—The Federal share of the 

4 cost of activities carried out using any assistance or grant 

5 under this title shall not exceed 50 percent of that cost. 

6 ‘‘SEC. 126. SUNSET. 

7 ‘‘The authority of the Secretary to provide assistance 

8 under this title terminates on September 30, 2027.’’. 

9 SEC. 3. PRIVATE PROPERTY PROTECTION. 

10 The Illinois and Michigan Canal National Heritage 

11 Corridor Act of 1984 is further amended by adding after 

12 section 126 (as added by section 2) the following new sec13 tions: 

14 ‘‘SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE 

15 PROPERTY. 

16 ‘‘(a) NOTIFICATION AND CONSENT OF PROPERTY

17 OWNERS REQUIRED.—No privately owned property shall 

18 be preserved, conserved, or promoted by the management 

19 plan for the corridor until the owner of that private prop20 erty has been notified in writing by the Association and 

21 has given written consent for such preservation, conserva22 tion, or promotion to the Association. 

23 ‘‘(b) LANDOWNER WITHDRAW.—Any owner of pri24 vate property included within the boundary of the corridor, 

25 and not notified under subsection (a), shall have their 
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1 property immediately removed from the boundary of the 

2 corridor by submitting a written request to the Associa3 tion. 

4 ‘‘SEC. 128. PRIVATE PROPERTY PROTECTION. 

5 ‘‘(a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

6 this title shall be construed to— 

7 ‘‘(1) require any private property owner to 

8 allow public access (including Federal, State, or local 

9 government access) to such private property; or 

10 ‘‘(2) modify any provision of Federal, State, or 

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

12 private property. 

13 ‘‘(b) LIABILITY.—Designation of the corridor shall 

14 not be considered to create any liability, or to have any 

15 effect on any liability under any other law, of any private 

16 property owner with respect to any persons injured on 

17 such private property. 

18 ‘‘(c) RECOGNITION OF AUTHORITY TO CONTROL

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

20 modify the authority of Federal, State, or local govern21 ments to regulate land use. 

22 ‘‘(d) PARTICIPATION OF PRIVATE PROPERTY OWN23 ERS IN CORRIDOR.—Nothing in this title shall be con24 strued to require the owner of any private property located 
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1 within the boundaries of the corridor to participate in or 

2 be associated with the corridor. 

3 ‘‘(e) EFFECT OF ESTABLISHMENT.—The boundaries 

4 designated for the corridor represent the area within 

5 which Federal funds appropriated for the purpose of this 

6 title may be expended. The establishment of the corridor 

7 and its boundaries shall not be construed to provide any 

8 nonexisting regulatory authority on land use within the 

9 corridor or its viewshed by the Secretary, the National 

10 Park Service, or the Association.’’. 

11 SEC. 4. TECHNICAL AMENDMENTS. 

12 Section 116 of Illinois and Michigan Canal National 

13 Heritage Corridor Act of 1984 is amended— 

14 (1) by striking subsection (b); and 

15 (2) in subsection (a)— 

16 (A) by striking ‘‘(a)’’ and all that follows 

17 through ‘‘For each’’ and inserting ‘‘(a) For 

18 each’’; 

19 (B) by striking ‘‘Commission’’ and insert20 ing ‘‘Association’’; 

21 (C) by striking ‘‘Commission’s’’ and insert22 ing ‘‘Association’s’’; 

23 (D) by redesignating paragraph (2) as sub24 section (b); and 
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1 (E) by redesignating subparagraphs (A) 

2 and (B) as paragraphs (1) and (2), respectively. 

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