IIB 

109TH CONGRESS 

2D SESSION H. R. 2099 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19, 2005 

Received 

JANUARY 27, 2006 

Read twice and referred to the Committee on Energy and Natural Resources 

AN ACT 

To establish the Arabia Mountain National Heritage Area, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 TITLE I—ARABIA MOUNTAIN 

2 NATIONAL HERITAGE AREA 

3 SECTION 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Arabia Mountain Na5 tional Heritage Area Act’’. 

6 SEC. 102. 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 title are as fol18 lows: 

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. 103. DEFINITIONS. 

8 In this title: 

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

10 area’’ means the Arabia Mountain National Heritage 

11 Area established by section 4(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 6. 

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. 104. 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) AVAILABILITYOF 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. 105. 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 title, the local coordinating entity shall submit to the 
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1 Secretary an annual report that describes the fol2 lowing: 

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 title to acquire real property or an interest in 

22 real property. 

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

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. 106. 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 title. 

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 SECRETARYFOR 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 title, the local coordinating entity shall sub4 mit the management plan to the Secretary for ap5 proval. 

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 title until such date as a management plan for the 

11 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 title shall be used to implement 

24 any revision proposed by the local coordinating enti-
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1 ty under paragraph (1)(B) until the Secretary ap2 proves the revision. 

3 SEC. 107. 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. 108. EFFECT ON CERTAIN AUTHORITY. 

19 (a) OCCUPATIONAL, SAFETY, CONSERVATION, AND

20 ENVIRONMENTAL REGULATION.—Nothing in this title— 

21 (1) imposes an occupational, safety, conserva22 tion, or environmental regulation on the heritage 

23 area that is more stringent than the regulations that 

24 would be applicable to the land described in section 
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1 4(b) but for the establishment of the heritage area 

2 by section 4(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 4(b) as of the date of enactment 

8 of this Act, solely as a result of the establishment 

9 of the heritage area by section 4(a). 

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

11 (1) modifies, enlarges, or diminishes any au12 thority of the Federal Government or a State or 

13 local government to regulate any use of land as pro14 vided for by law (including regulations) in existence 

15 on the date of enactment of this Act; or 

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

17 local coordinating entity. 

18 SEC. 109. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) IN GENERAL.—There is authorized to be appro20 priated to carry out this title $10,000,000, to remain 

21 available until expended, of which not more than 

22 $1,000,000 may be authorized to be appropriated for any 

23 fiscal year. 
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1 (b) FEDERAL SHARE.—The Federal share of the cost 

2 of any project or activity carried out using funds made 

3 available under this title shall not exceed 50 percent. 

4 SEC. 110. TERMINATION OF AUTHORITY. 

5 The authority of the Secretary to provide assistance 

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

7 after the date of enactment of this title. 

8 SEC. 111. REQUIREMENTS FOR INCLUSION OF PRIVATE 

9 PROPERTY. 

10 (a) NOTIFICATION AND CONSENT OF PROPERTY

11 OWNERS REQUIRED.—No privately owned property shall 

12 be preserved, conserved, or promoted by the management 

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

14 property has been notified in writing by the management 

15 entity and has given written consent for such preservation, 

16 conservation, or promotion to the management entity. 

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

18 property included within the boundary of the Heritage 

19 Area shall have their property immediately removed from 

20 the boundary by submitting a written request to the man21 agement entity. 

22 SEC. 112. PRIVATE PROPERTY PROTECTION. 

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

24 this title shall be construed to— 
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1 (1) require any private property owner to allow 

2 public access (including Federal, State, or local gov3 ernment access) to such private property; or 

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

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

6 private property. 

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

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

9 any effect on any liability under any other law, of any pri10 vate property owner with respect to any persons injured 

11 on such private property. 

12 (c) RECOGNITION OF AUTHORITYTO CONTROL LAND

13 USE.—Nothing in this title shall be construed to modify 

14 the authority of Federal, State, or local governments to 

15 regulate land use. 

16 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

17 IN HERITAGE AREA.—Nothing in this title shall be con18 strued to require the owner of any private property located 

19 within the boundaries of the Heritage Area to participate 

20 in or be associated with the Heritage Area. 

21 (e) EFFECT OF ESTABLISHMENT.—The boundaries 

22 designated for the Heritage Area represent the area within 

23 which Federal funds appropriated for the purpose of this 

24 title may be expended. The establishment of the Heritage 

25 Area and its boundaries shall not be construed to provide 
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1 any nonexisting regulatory authority on land use within 

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

3 National Park Service, or the management entity. 

4 TITLE II—ILLINOIS AND MICHI5 GAN CANAL NATIONAL HERIT6 AGE CORRIDOR ACT AMEND7 MENTS 

8 SEC. 201. SHORT TITLE. 

9 This title may be cited as the ‘‘Illinois and Michigan 

10 Canal National Heritage Corridor Act Amendments of 

11 2005’’. 

12 SEC. 202. TRANSITION AND PROVISIONS FOR NEW LOCAL 

13 COORDINATING ENTITY. 

14 The Illinois and Michigan Canal National Heritage 

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

16 note) is amended as follows: 

17 (1) In section 103— 

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

19 (B) in paragraph (9), by striking the pe20 riod and inserting ‘‘; and’’; and 

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

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

23 Corridor Association (an organization described 

24 under section 501(c)(3) of the Internal Revenue 
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1 Code of 1986 and exempt from taxation under sec2 tion 501(a) of such Code).’’. 

3 (2) By adding at the end of section 112 the fol4 lowing new paragraph: 

5 ‘‘(7) The Secretary shall enter into a memo6 randum of understanding with the Association to 

7 help ensure appropriate transition of the local co8 ordinating entity to the Association and coordination 

9 with the Association regarding that role.’’. 

10 (3) By adding at the end the following new sec11 tions: 

12 ‘‘SEC. 119. ASSOCIATION AS LOCAL COORDINATING ENTITY. 

13 ‘‘Upon the termination of the Commission, the local 

14 coordinating entity for the corridor shall be the Associa15 tion. 

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

17 ‘‘For purposes of preparing and implementing the 

18 management plan developed under section 121, the Asso19 ciation may use Federal funds made available under this 

20 title— 

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

22 into cooperative agreements with, States and their 

23 political subdivisions, private organizations, or any 

24 person; 

25 ‘‘(2) to hire, train, and compensate staff; and 
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1 ‘‘(3) to enter into contracts for goods and serv2 ices. 

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

4 ‘‘The Association shall— 

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

6 approval under section 123 a proposed management 

7 plan for the corridor not later than 2 years after 

8 Federal funds are made available for this purpose; 

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

10 forth in the management plan, including taking 

11 steps to assist units of local government, regional 

12 planning organizations, and other organizations— 

13 ‘‘(A) in preserving the corridor; 

14 ‘‘(B) in establishing and maintaining inter15 pretive exhibits in the corridor; 

16 ‘‘(C) in developing recreational resources 

17 in the corridor; 

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

19 appreciation for the natural, historical, and ar20 chitectural resources and sites in the corridor; 

21 and 

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

23 historic building relating to the themes of the 

24 corridor; 
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1 ‘‘(3) encourage by appropriate means economic 

2 viability in the corridor consistent with the goals of 

3 the management plan; 

4 ‘‘(4) consider the interests of diverse govern5 mental, business, and other groups within the cor6 ridor; 

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

8 regarding the implementation of the management 

9 plan; 

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

11 increase of more than 20 percent in the cost esti12 mates for implementation) to the management plan 

13 to the Secretary; and 

14 ‘‘(7) for any year in which Federal funds have 

15 been received under this title— 

16 ‘‘(A) submit an annual report to the Sec17 retary setting forth the Association’s accom18 plishments, expenses and income, and the iden19 tity of each entity to which any loans and 

20 grants were made during the year for which the 

21 report is made; 

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

23 pertaining to the expenditure of such funds and 

24 any matching funds; and 
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1 ‘‘(C) require, for all agreements author2 izing expenditure of Federal funds by other or3 ganizations, that the receiving organizations 

4 make available for audit all records pertaining 

5 to the expenditure of such funds. 

6 ‘‘SEC. 122. USE OF FEDERAL FUNDS. 

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

8 Federal funds received under this title to acquire real 

9 property or an interest in real property. 

10 ‘‘(b) OTHER SOURCES.—Nothing in this title pre11 cludes the Association from using Federal funds from 

12 other sources for authorized purposes. 

13 ‘‘SEC. 123. MANAGEMENT PLAN. 

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

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

16 made available for this purpose, the Association shall sub17 mit to the Secretary for approval a proposed management 

18 plan that shall— 

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

20 plans and involve residents, local governments and 

21 public agencies, and private organizations in the cor22 ridor; 

23 ‘‘(2) present comprehensive recommendations 

24 for the corridor’s conservation, funding, manage25 ment, and development; 
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1 ‘‘(3) include actions proposed to be undertaken 

2 by units of government and nongovernmental and 

3 private organizations to protect the resources of the 

4 corridor; 

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

6 of funding to protect, manage, and develop the cor7 ridor; and 

8 ‘‘(5) include— 

9 ‘‘(A) identification of the geographic 

10 boundaries of the corridor; 

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

12 corridor’s overall concept or vision that show 

13 key sites, visitor facilities and attractions, and 

14 physical linkages; 

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

16 strategies and tasks intended to reach them, 

17 and a realistic schedule for completing the 

18 tasks; 

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

20 themes of the corridor; 

21 ‘‘(E) identification of parties proposed to 

22 be responsible for carrying out the tasks; 

23 ‘‘(F) a financial plan and other informa24 tion on costs and sources of funds; 
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1 ‘‘(G) a description of the public participa2 tion process used in developing the plan and a 

3 proposal for public participation in the imple4 mentation of the management plan; 

5 ‘‘(H) a mechanism and schedule for updat6 ing the plan based on actual progress; 

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

8 develop the management plan; and 

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

10 issues relating to the management plan. 

11 ‘‘(b) DISQUALIFICATION FROM FUNDING.—If a pro12 posed management plan is not submitted to the Secretary 

13 within 2 years after the date that Federal funds are made 

14 available for this purpose, the Association shall be ineli15 gible to receive additional funds under this title until the 

16 Secretary receives a proposed management plan from the 

17 Association. 

18 ‘‘(c) APPROVAL OF MANAGEMENT PLAN.—The Sec19 retary shall approve or disapprove a proposed manage20 ment plan submitted under this title not later than 180 

21 days after receiving such proposed management plan. If 

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

23 specified in the preceding sentence, the management plan 

24 shall be deemed approved. The Secretary shall consult 

25 with the local entities representing the diverse interests 
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1 of the corridor including governments, natural and historic 

2 resource protection organizations, educational institutions, 

3 businesses, recreational organizations, community resi4 dents, and private property owners prior to approving the 

5 management plan. The Association shall conduct semi-an6 nual public meetings, workshops, and hearings to provide 

7 adequate opportunity for the public and local and govern8 mental entities to review and to aid in the preparation and 

9 implementation of the management plan. 

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

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

12 management plan shall supersede the conceptual plan con13 tained in the National Park Service report. 

14 ‘‘(e) ACTION FOLLOWING DISAPPROVAL.—If the Sec15 retary disapproves a proposed management plan within 

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

17 shall advise the Association in writing of the reasons for 

18 the disapproval and shall make recommendations for revi19 sions to the proposed management plan. 

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

21 shall review and approve all substantial amendments (in22 cluding any increase of more than 20 percent in the cost 

23 estimates for implementation) to the management plan. 

24 Funds made available under this title may not be ex25 pended to implement any changes made by a substantial 
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1 amendment until the Secretary approves that substantial 

2 amendment. 

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

4 OTHER FEDERAL AGENCIES. 

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

6 Upon the request of the Association, the Secretary may 

7 provide technical assistance, on a reimbursable or non8 reimbursable basis, and financial assistance to the Asso9 ciation to develop and implement the management plan. 

10 The Secretary is authorized to enter into cooperative 

11 agreements with the Association and other public or pri12 vate entities for this purpose. In assisting the Association, 

13 the Secretary shall give priority to actions that in general 

14 assist in— 

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

16 cultural, and scenic resources of the corridor; and 

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

18 recreational opportunities consistent with the pur19 poses of the corridor. 

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

21 Federal agency conducting or supporting activities directly 

22 affecting the corridor shall— 

23 ‘‘(1) consult with the Secretary and the Asso24 ciation with respect to such activities; 
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1 ‘‘(2) cooperate with the Secretary and the Asso2 ciation in carrying out their duties under this title; 

3 ‘‘(3) to the maximum extent practicable, coordi4 nate such activities with the carrying out of such du5 ties; and 

6 ‘‘(4) to the maximum extent practicable, con7 duct or support such activities in a manner which 

8 the Association determines is not likely to have an 

9 adverse effect on the corridor. 

10 ‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS. 

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

12 authorized to be appropriated $10,000,000, except that 

13 not more than $1,000,000 may be appropriated to carry 

14 out this title for any fiscal year. 

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

16 cost of activities carried out using any assistance or grant 

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

18 ‘‘SEC. 126. SUNSET. 

19 ‘‘The authority of the Secretary to provide assistance 

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

21 after the date of enactment of this section.’’. 

22 SEC. 203. PRIVATE PROPERTY PROTECTION. 

23 The Illinois and Michigan Canal National Heritage 

24 Corridor Act of 1984 is further amended by adding after 
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1 section 126 (as added by section 402) the following new 

2 sections: 

3 ‘‘SEC. 127. 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 corridor until the owner of that private prop9 erty has been notified in writing by the Association and 

10 has given written consent for such preservation, conserva11 tion, or promotion to the Association. 

12 ‘‘(b) LANDOWNER WITHDRAWAL.—Any owner of pri13 vate property included within the boundary of the corridor, 

14 and not notified under subsection (a), shall have their 

15 property immediately removed from the boundary of the 

16 corridor by submitting a written request to the Associa17 tion. 

18 ‘‘SEC. 128. PRIVATE PROPERTY PROTECTION. 

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

20 this title shall be construed to— 

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

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

23 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 AUTHORITYTO 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 SEC. 204. TECHNICAL AMENDMENTS. 

2 Section 116 of Illinois and Michigan Canal National 

3 Heritage Corridor Act of 1984 is amended— 

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

5 (2) in subsection (a)— 

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

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

8 each’’; 

9 (B) by striking ‘‘Commission’’ and insert10 ing ‘‘Association’’; 

11 (C) by striking ‘‘Commission’s’’ and insert12 ing ‘‘Association’s’’; 

13 (D) by redesignating paragraph (2) as sub14 section (b); and 

15 (E) by redesignating subparagraphs (A) 

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

Passed the House of Representatives December 19 

(legislative day, December 18), 2005. 

Attest: KAREN L. HAAS, 

Clerk.