II 

Calendar No. 372 

110TH CONGRESS 

1ST SESSION S. 800 

[Report No. 110–174] 

To establish the Niagara Falls National Heritage Area in the State of New 

York, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2007 

Mr. SCHUMER (for himself and Mrs. CLINTON) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

SEPTEMBER 17, 2007 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish the Niagara Falls National Heritage Area in 

the State of New York, 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 ‘‘Niagara Falls National 

5 Heritage Area Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) Niagara Falls and the Niagara River Gorge 

4 are natural phenomena that are— 

5 (A) overwhelming in physical magnitude; 

6 and 

7 (B) deeply embedded in the popular con8 sciousness; 

9 (2) the Niagara River Gorge is an exceptionally 

10 scenic corridor carved by the movement of Niagara 

11 Falls due to erosion from the original location of Ni12 agara Falls near Lewiston, New York, a process 

13 that began more than 10,000 years ago; 

14 (3) Niagara Falls has been a leading inter15 national tourist attraction for 200 years, influencing 

16 the development of tourism and nature conservation 

17 in North America; 

18 (4) in approximately 1895, Niagara Falls be19 came the foremost source of hydroelectric power in 

20 North America, stimulating the development of inno21 vative heavy industries in Niagara Falls and Buf22 falo, New York; 

23 (5) the 3 National Historic Landmarks along or 

24 near the Niagara River are— 


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1 (A) the Adams Power Transformer House, 

2 in Niagara Falls, which is the birthplace of the 

3 modern hydroelectric power station; 

4 (B) the Niagara Reservation, designed by 

5 landscape architect Frederick Law Olmsted, 

6 which is considered to be the oldest State park 

7 in the United States; and 

8 (C) the Colonial Niagara Historic District, 

9 in Lewiston and Youngstown, New York, which 

10 includes Old Fort Niagara; 

11 (6) the Niagara River area, a boundary between 

12 the United States and Canada— 

13 (A) has played an important role in Indian 

14 culture, the French and English colonial strug15 gle to control North America, the American 

16 Revolution, the War of 1812, and the Under17 ground Railroad; and 

18 (B) reflects national differences and simi19 larities between the United States and Canada; 

20 and 

21 (7) although concentrated primarily along the 

22 Niagara River in Niagara County, New York, there 

23 are also important thematically related sites located 

24 throughout Niagara and Erie Counties, New York, 


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1 that support and reinforce the important stories and 

2 heritage of the Niagara region. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) COMMISSION.—The term ‘‘Commission’’ 

6 means the Niagara Falls National Heritage Area 

7 Commission established by section 5(a). 

8 (2) GOVERNOR.—The term ‘‘Governor’’ means 

9 the Governor of the State. 

10 (3) HERITAGE AREA.—The term ‘‘Heritage 

11 Area’’ means the Niagara Falls National Heritage 

12 Area established by section 4(a). 

13 (4) LOCAL COORDINATING ENTITY.—The term 

14 ‘‘local coordinating entity’’ means the local coordi15 nating entity for the Heritage Area designated by 

16 section 4(d)(1). 

17 (5) MANAGEMENT PLAN.—The term ‘‘manage18 ment plan’’ means the management plan for the 

19 Heritage Area developed under section 6. 

20 (6) MAP.—The term ‘‘map’’ means the map en21 titled ‘‘Niagara Falls National Heritage Area’’, 

22 numbered P76/80,000, and dated July 2006. 

23 (7) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior. 


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1 (8) STATE.—The term ‘‘State’’ means the State 

2 of New York. 

3 SEC. 4. NIAGARA FALLS NATIONAL HERITAGE AREA. 

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

5 State the Niagara Falls National Heritage Area. 

6 (b) BOUNDARIES.—The National Heritage Area shall 

7 consist of— 

8 (1) the area from the western boundary of the 

9 town of Wheatfield, New York, extending to the 

10 mouth of the Niagara River on Lake Ontario, as de11 picted on the map, including— 

12 (A) the city of Niagara Falls, New York; 

13 (B) the villages of Youngstown and Lewis14 ton, New York; and 

15 (C) land and water within the boundaries 

16 of the Heritage Area in Niagara County, New 

17 York; and 

18 (2) any additional thematically related sites 

19 within Erie and Niagara Counties, New York, that 

20 are identified in the management plan under section 

21 6(b)(6). 

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

23 and available for public inspection in the appropriate of24 fices of the National Park Service. 

25 (d) LOCAL COORDINATING ENTITY.— 


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1 (1) DESIGNATION.—The local coordinating enti2 ty for the Heritage Area shall be— 

3 (A) for the 5-year period beginning on the 

4 date of enactment of this Act, the Commission; 

5 and 

6 (B) on expiration of the 5-year period de7 scribed in subparagraph (A), a private non8 profit or governmental organization designated 

9 by the Commission. 

10 (2) AUTHORITIES.—For purposes of imple11 menting the management plan, the local coordi12 nating entity designated under paragraph (1)(B) 

13 may use funds made available under this Act to— 

14 (A) make grants to, and enter into cooper15 ative agreements with, the State (including a 

16 political subdivision of the State), nonprofit or17 ganizations, or any person; 

18 (B) hire and compensate staff; and 

19 (C) enter into contracts for goods and 

20 services. 

21 (3) DUTIES.—Beginning on the date described 

22 in paragraph (1)(B), the local coordinating entity 

23 designated by the Commission under paragraph 

24 (1)(B) shall assume the duties of the Commission 


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1 described in section 5(h), other than the duties de2 scribed in paragraphs (1) and (8) of section 5(h). 

3 SEC. 5. NIAGARA FALLS NATIONAL HERITAGE AREA COM4 MISSION. 

5 (a) ESTABLISHMENT.—There is established within 

6 the Department of the Interior the Niagara Falls National 

7 Heritage Area Commission. 

8 (b) MEMBERSHIP.—The Commission shall be com9 posed of 17 members, of whom— 

10 (1) 1 member shall be the Director of the Na11 tional Park Service (or a designee); 

12 (2) 5 members shall be appointed by the Sec13 retary, on the recommendation of the Governor, 

14 from among individuals with knowledge and experi15 ence of— 

16 (A) the New York State Office of Parks, 

17 Recreation and Historic Preservation, the Niag18 ara River Greenway Commission, the New York 

19 Power Authority, the USA Niagara Develop20 ment Corporation, and the Niagara Tourism 

21 and Convention Corporation; or 

22 (B) any successors of the agencies de23 scribed in subparagraph (A); 


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1 (3) 1 member shall be appointed by the Sec2 retary, on the recommendation of the mayor of Ni3 agara Falls, New York; 

4 (4) 1 member shall be appointed by the Sec5 retary, on the recommendation of the mayor of the 

6 village of Youngstown, New York; 

7 (5) 1 member shall be appointed by the Sec8 retary, on the recommendation of the mayor of the 

9 village of Lewiston, New York; 

10 (6) 1 member shall be appointed by the Sec11 retary, on the recommendation of the Tuscarora Na12 tion; 

13 (7) 1 member shall be appointed by the Sec14 retary, on the recommendation of the Seneca Nation 

15 of Indians; and 

16 (8) 6 members shall be individuals that have an 

17 interest in, support for, and expertise appropriate to 

18 tourism, regional planning, history and historic pres19 ervation, cultural or natural resource management, 

20 conservation, recreation, and education, or museum 

21 services, of whom— 

22 (A) 4 members shall be appointed by the 

23 Secretary, on the recommendation of the 2 

24 members of the Senate from the State; and 


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1 (B) 2 members shall be appointed by the 

2 Secretary, on the recommendation of the mem3 ber of the House of Representatives whose dis4 trict encompasses the Heritage Area. 

5 (c) TERMS; VACANCIES.— 

6 (1) TERM.—A member of the Commission shall 

7 be appointed for a term not to exceed 5 years. 

8 (2) VACANCIES.— 

9 (A) PARTIAL TERM.—A member appointed 

10 to fill a vacancy on the Commission shall serve 

11 for the remainder of the term for which the 

12 predecessor of the member was appointed. 

13 (B) IN GENERAL.—A vacancy on the Com14 mission shall be filled in the same manner as 

15 the original appointment was made. 

16 (d) CHAIRPERSON AND VICE CHAIRPERSON.— 

17 (1) SELECTION.—The Commission shall select 

18 a Chairperson and Vice Chairperson from among the 

19 members of the Commission. 

20 (2) VICE CHAIRPERSON.—The Vice Chairperson 

21 shall serve as the Chairperson in the absence of the 

22 Chairperson. 

23 (e) QUORUM.— 

24 (1) IN GENERAL.—A majority of the members 

25 of the Commission shall constitute a quorum. 


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1 (2) TRANSACTION.—For the transaction of any 

2 business or the exercise of any power of the Com3 mission, the Commission shall have the power to act 

4 by a majority vote of the members present at any 

5 meeting at which a quorum is in attendance. 

6 (f) MEETINGS.— 

7 (1) IN GENERAL.—The Commission shall meet 

8 at least quarterly at the call of— 

9 (A) the Chairperson; or 

10 (B) a majority of the members of the Com11 mission. 

12 (2) NOTICE.—Notice of Commission meetings 

13 and agendas for the meetings shall be published in 

14 local newspapers that are distributed throughout the 

15 Heritage Area. 

16 (3) APPLICABLE LAW.—Meetings of the Com17 mission shall be subject to section 552b of title 5, 

18 United States Code. 

19 (g) POWERS OF THE COMMISSION.—To the extent 

20 that Federal funds are appropriated, the Commission 

21 may— 

22 (1) enter into contracts and execute any instru23 ments necessary or appropriate to carry out the pur24 poses for which the Commission is established, in25 cluding the authority to procure temporary and 


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1 intermittent services and administrative facilities at 

2 rates determined to be reasonable by the Commis3 sion to carry out the duties of the Commission; 

4 (2) appoint and fix the compensation of any 

5 staff that may be necessary to carry out the duties 

6 of the Commission; 

7 (3) request and accept from the head of any 

8 Federal agency, on a reimbursable or nonreimburs9 able basis, any personnel of the Federal agency to 

10 the Commission to assist in carrying out the duties 

11 of the Commission; 

12 (4) request and accept from the head of any 

13 State agency or any agency of a political subdivision 

14 of the State, on a reimbursable or nonreimbursable 

15 basis, any personnel of the agency to the Commis16 sion to assist in carrying out the duties of the Com17 mission; 

18 (5) make grants to assist in the development 

19 and implementation of the management plan; 

20 (6) negotiate and enter into any cooperative 

21 agreement, lease, contract, or other arrangement 

22 with any person, firm, association, organization, cor23 poration, or governmental entity, including Federal, 

24 State, tribal, and local government entities, that is 


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1 necessary to carry out the activities of the Commis2 sion; 

3 (7) seek, accept, and dispose of gifts, bequests, 

4 grants, or donations of money, personal property, or 

5 services; 

6 (8) assist in— 

7 (A) developing educational, informational, 

8 and interpretive programs and facilities; and 

9 (B) any other activities that may promote 

10 the implementation of the management plan; 

11 (9) use the United States mails in the same 

12 manner as other agencies of the Federal Govern13 ment; 

14 (10) establish any advisory groups that the 

15 Commission determines to be necessary; and 

16 (11) adopt, amend, and enforce bylaws and 

17 rules governing the manner in which— 

18 (A) the business of the Commission may be 

19 conducted; and 

20 (B) the powers vested in the Commission 

21 may be exercised. 

22 (h) DUTIES OF THE COMMISSION.—To further the 

23 purposes of the Heritage Area, the Commission shall— 


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1 (1) in accordance with section 6, develop and 

2 submit to the Secretary for approval a management 

3 plan; 

4 (2) assist units of local government, regional 

5 planning organizations, and nonprofit organizations 

6 in implementing the management plan by— 

7 (A) carrying out programs and projects 

8 that recognize, protect, and enhance important 

9 resource values within the Heritage Area; 

10 (B) establishing and maintaining interpre11 tive exhibits and programs within the Heritage 

12 Area; 

13 (C) developing recreational and educational 

14 opportunities in the Heritage Area; 

15 (D) increasing public awareness of, and 

16 appreciation for, natural, historic, scenic, and 

17 cultural resources of the Heritage Area; 

18 (E) protecting and restoring historic sites 

19 and buildings in the Heritage Area that are 

20 consistent with the themes of the Heritage 

21 Area; 

22 (F) ensuring that clear, consistent, and ap23 propriate signs identifying points of public ac24 cess and sites of interest are posted throughout 

25 the Heritage Area; and 


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1 (G) promoting a wide range of partner2 ships among governments, organizations, and 

3 individuals to further the purposes of the Herit4 age Area; 

5 (3) consider the interests of diverse units of 

6 government, businesses, organizations, and individ7 uals in the Heritage Area in the development and 

8 implementation of the management plan; 

9 (4) conduct meetings open to the public regard10 ing the development and implementation of the man11 agement plan; 

12 (5) coordinate projects, activities, and programs 

13 with the Erie Canalway National Heritage Corridor; 

14 (6) for any fiscal year for which Federal funds 

15 have been received by the Commission under this 

16 Act— 

17 (A) submit an annual report to the Sec18 retary that describes— 

19 (i) the specific performance goals and 

20 accomplishments of the local coordinating 

21 entity; 

22 (ii) the expenses and income of the 

23 local coordinating entity; 

24 (iii) the amounts and sources of 

25 matching funds; 


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1 (iv) the amounts leveraged with Fed2 eral funds and the sources of the 

3 leveraging; and 

4 (v) any grants made to any other enti5 ties during the fiscal year; 

6 (B) make available to the Secretary for 

7 audit any records containing information relat8 ing to the expenditure of Federal funds and any 

9 matching funds; and 

10 (C) require, with respect to all agreements 

11 authorizing the expenditure of Federal funds by 

12 other organizations, that the organization re13 ceiving the funds make available to the Sec14 retary for audit all records and other informa15 tion concerning the expenditure of the funds; 

16 (7) encourage, by appropriate means and con17 sistent with the purposes of the Heritage Area, the 

18 economic viability of the Heritage Area; and 

19 (8) assist in the transition of the management 

20 of the Heritage Area from the Commission to the 

21 local coordinating entity designated under section 

22 4(d)(1)(B). 

23 (i) COMPENSATION OF MEMBERS.— 

24 (1) IN GENERAL.—A member of the Commis25 sion shall serve without compensation. 


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1 (2) TRAVEL EXPENSES.—A member of the 

2 Commission shall be allowed travel expenses, includ3 ing per diem in lieu of subsistence, at rates author4 ized for an employee of an agency under subchapter 

5 I of chapter 57 of title 5, United States Code, while 

6 away from the home or regular place of business of 

7 the member in the performance of the duties of the 

8 Commission. 

9 (j) GIFTS.—For purposes of section 170(c) of the In10 ternal Revenue Code of 1986, any gift or charitable con11 tribution to the Commission shall be considered to be a 

12 charitable contribution or gift to the United States. 

13 (k) USE OF FEDERAL FUNDS.—Except as provided 

14 for the leasing of administrative facilities under subsection 

15 (g)(1), the Commission may not use Federal funds made 

16 available to the Commission under this Act to acquire any 

17 real property or interest in real property. 

18 SEC. 6. MANAGEMENT PLAN. 

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

20 date on which funds are first made available to carry out 

21 this Act, the Commission shall submit to the Secretary 

22 for approval a management plan for the Heritage Area. 

23 (b) REQUIREMENTS.—The management plan shall— 


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1 (1) include comprehensive policies, strategies, 

2 and recommendations for conservation, funding, 

3 managing, and developing the Heritage Area; 

4 (2) take into consideration existing State, coun5 ty, and local plans; 

6 (3) include a description of actions that govern7 ments, private organizations, and individuals have 

8 agreed to take to protect the natural, historic, and 

9 cultural resources of the Heritage Area; 

10 (4) identify any existing and potential sources 

11 of funding or economic development strategies to 

12 protect, manage, and develop the Heritage Area; 

13 (5) include an inventory of the natural, historic, 

14 scenic, cultural, educational, and recreational re15 sources of the Heritage Area relating to the themes 

16 of the Heritage Area that should be preserved, re17 stored, managed, developed, or maintained; 

18 (6) establish criteria and identify thematically 

19 related sites in Niagara and Erie Counties, New 

20 York, that— 

21 (A) may participate in the Heritage Area; 

22 and 

23 (B) shall be included in the boundary of 

24 the Heritage Area; 


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1 (7) include recommended policies and strategies 

2 for resource management that consider the applica3 tion of appropriate land and water management 

4 techniques, including the development of intergov5 ernmental and interagency cooperative agreements 

6 to protect the natural, historic, scenic, cultural, edu7 cational, and recreational resources of the Heritage 

8 Area; 

9 (8) describe a program of implementation for 

10 the management plan, including a description of— 

11 (A) performance goals; 

12 (B) plans for resource protection, restora13 tion, interpretation, enhancement, management, 

14 and development; and 

15 (C) any specific commitments for imple16 mentation that have been made by the local co17 ordinating entity or any government, organiza18 tion, or individual; 

19 (9) include an analysis of, and recommenda20 tions for ways in which, Federal, State, tribal, and 

21 local programs would best be coordinated to further 

22 the purposes of this Act, including an analysis of the 

23 role of the National Park Service in the Heritage 

24 Area; 


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1 (10) include an interpretive plan for the Herit2 age Area; 

3 (11) include a business plan that— 

4 (A) describes the role, operation, financing, 

5 and functions of— 

6 (i) the local coordinating entity; and 

7 (ii) each of the major activities ad8 dressed in the management plan; and 

9 (B) provides adequate assurances that the 

10 local coordinating entity has the partnerships 

11 and financial and other resources necessary to 

12 implement the management plan; and 

13 (12) includes provisions for— 

14 (A) the designation under section 

15 4(d)(1)(B) of a nonprofit or governmental orga16 nization as the local coordinating entity to ad17 minister the Heritage Area consistent with the 

18 management plan; and 

19 (B) the transition of the management of 

20 the Heritage Area from the Commission to the 

21 organization designated as the local coordi22 nating entity at the end of the 5-year period 

23 specified in section 4(d)(1)(A). 

24 (c) TERMINATION OF FUNDING.—If the Commission 

25 does not submit the management plan to the Secretary 


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1 by the date that is 3 years after the date on which funds 

2 are first made available to carry out this Act, the local 

3 coordinating entity shall be ineligible to receive additional 

4 funding under this Act until the date on which the man5 agement plan is submitted to and approved by the Sec6 retary. 

7 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

8 PLAN.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of receipt of the management plan 

11 under subsection (a), the Secretary shall approve or 

12 disapprove the management plan. 

13 (2) CONSIDERATIONS.—In determining whether 

14 to approve or disapprove the management plan 

15 under paragraph (1), the Secretary shall consider 

16 whether— 

17 (A) the organization proposed to succeed 

18 the Commission as the local coordinating entity 

19 would be representative of the diverse interests 

20 of the Heritage Area, including governments, 

21 natural and historic resource protection organi22 zations, educational institutions, businesses, 

23 and recreational organizations; 

24 (B) the local coordinating entity has af25 forded adequate opportunity for public and govVerDate Aug 31 2005 22:32 Sep 18, 2007 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6401 E:\BILLS\S800.RS S800

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1 ernmental involvement, including public meet2 ings, in the preparation of the management 

3 plan; 

4 (C) the resource protection and interpreta5 tion strategies contained in the management 

6 plan, if implemented, would adequately protect 

7 the natural, historic, and cultural resources of 

8 the Heritage Area; 

9 (D) the Secretary has received adequate 

10 assurances from the appropriate State, tribal, 

11 and local officials whose support is needed to 

12 ensure the effective implementation of the 

13 State, tribal, and local aspects of the manage14 ment plan; and 

15 (E) the local coordinating entity has dem16 onstrated the financial capability, in partner17 ship with others, to carry out the plan. 

18 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

19 Secretary disapproves the management plan under 

20 paragraph (1), the Secretary shall— 

21 (A) advise the local coordinating entity in 

22 writing of the reasons for the disapproval; 

23 (B) make recommendations for revisions to 

24 the management plan; and 


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1 (C) not later than 180 days after the re2 ceipt of any proposed revision of the manage3 ment plan, approve or disapprove the proposed 

4 revision. 

5 (e) AMENDMENTS.— 

6 (1) IN GENERAL.—The Secretary shall review 

7 and approve any substantial amendments to the 

8 management plan in accordance with subsection (d). 

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

10 under this Act shall not be expended by the local co11 ordinating entity to implement any changes made by 

12 an amendment described in paragraph (1) until the 

13 Secretary approves the amendment. 

14 SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. 

15 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

16 (1) IN GENERAL.—On request of the local co17 ordinating entity, the Secretary may provide tech18 nical and financial assistance, on a reimbursable or 

19 nonreimbursable basis, to the Heritage Area for the 

20 development and implementation of the management 

21 plan. 

22 (2) COOPERATIVE AGREEMENTS.—The Sec23 retary may enter into cooperative agreements with 

24 the local coordinating entity and other public or priVerDate Aug 31 2005 22:32 Sep 18, 2007 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6401 E:\BILLS\S800.RS S800

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1 vate entities to provide assistance under paragraph 

2 (1). 

3 (3) PRIORITY FOR ASSISTANCE.—In providing 

4 assistance under paragraph (1), the Secretary shall 

5 give priority to actions that assist in— 

6 (A) conserving the significant natural, his7 toric, scenic, and cultural resources of the Her8 itage Area; and 

9 (B) providing educational, interpretive, and 

10 recreational opportunities, consistent with the 

11 purposes of the Heritage Area. 

12 (b) DETAIL OF DEPARTMENT OF THE INTERIOR EM13 PLOYEES.— 

14 (1) IN GENERAL.—On request of the Commis15 sion, the Secretary may detail to the Commission for 

16 each fiscal year in which the Commission is in exist17 ence, on a nonreimbursable basis, 2 employees of the 

18 Department of the Interior to enable the Commis19 sion to carry out the duties of the Commission. 

20 (2) CIVIL SERVICE STATUS.—The detail of an 

21 employee under paragraph (1) shall be without inter22 ruption or loss of civil service status or privilege. 

23 (c) REPORT.—Not later than the date that is 3 years 

24 before the date on which the authority of the Secretary 

25 terminates under section 11, the Secretary shall submit 


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1 to the Committee on Resources of the House of Represent2 atives and the Committee on Energy and Natural Re3 sources of the Senate a report that includes— 

4 (1) an evaluation of the accomplishments and 

5 sustainability of the Heritage Area; and 

6 (2) any recommendations of the Secretary with 

7 respect to the future management of the Heritage 

8 Area. 

9 SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

10 (a) IN GENERAL.—This Act shall not affect the au11 thority of any Federal official to provide technical or fi12 nancial assistance under any other law. 

13 (b) CONSULTATION AND COORDINATION.—The head 

14 of any Federal agency planning to conduct an activity that 

15 may have an impact on the Heritage Area shall, to the 

16 maximum extent practicable— 

17 (1) consult with the Secretary and the local co18 ordinating entity regarding the activity; and 

19 (2) coordinate the activity with the Secretary 

20 and the local coordinating entity. 

21 (c) EFFECT ON OTHER FEDERAL AGENCIES.—Noth22 ing in this Act— 

23 (1) modifies, alters, or amends any law (includ24 ing a regulation) authorizing a Federal agency to 


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1 manage Federal land under the jurisdiction of the 

2 Federal agency; 

3 (2) limits the discretion of a Federal land man4 ager to implement an approved land use plan within 

5 the boundaries of the Heritage Area; or 

6 (3) modifies, alters, or amends any authorized 

7 use of Federal land under the jurisdiction of a Fed8 eral agency. 

9 SEC. 9. PROTECTIONS FOR PROPERTY OWNERS. 

10 Nothing in this Act— 

11 (1) abridges the rights of any owner of public 

12 or private property, including the right to refrain 

13 from participating in any plan, project, program, or 

14 activity conducted within the Heritage Area; 

15 (2) requires any property owner to permit pub16 lic access (including access by Federal, tribal, State, 

17 or local government agencies) to the property; 

18 (3) modifies any provision of Federal, tribal, 

19 State, or local law with regard to public access to, 

20 or use of, private land; 

21 (4) alters any land use regulation, approved 

22 land use plan, or other regulatory authority of any 

23 Federal, tribal, State, or local agency; 

24 (5) provides any land use or other regulatory 

25 authority to any local coordinating entity; 


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1 (6) authorizes the reservation or appropriation 

2 of water or water rights; 

3 (7) diminishes the authority of the State to 

4 manage fish and wildlife, including the regulation of 

5 fishing and hunting within the Heritage Area; or 

6 (8) creates any liability, or affects any liability 

7 under any other law, of any private property owner 

8 with respect to any persons injured on the private 

9 property. 

10 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There is authorized to be appro12 priated to carry out this Act $10,000,000, of which not 

13 more than $1,000,000 may be appropriated for any fiscal 

14 year. 

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

16 share of the cost of any activity carried out using any as17 sistance made available under this Act shall be not more 

18 than 50 percent. 

19 SEC. 11. TERMINATION OF AUTHORITY. 

20 The authority of the Secretary to provide financial 

21 assistance under this Act terminates on the date that is 

22 15 years after the date of enactment of this Act. 

23 SECTION 1. SHORT TITLE. 

24 This Act may be cited as the ‘‘Niagara Falls National 

25 Heritage Area Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COMMISSION.—The term ‘‘Commission’’ 

4 means the Niagara Falls National Heritage Area 

5 Commission established by section 4(a). 

6 (2) GOVERNOR.—The term ‘‘Governor’’ means 

7 the Governor of the State. 

8 (3) HERITAGE AREA.—The term ‘‘Heritage 

9 Area’’ means the Niagara Falls National Heritage 

10 Area established by section 3(a). 

11 (4) LOCAL COORDINATING ENTITY.—The term 

12 ‘‘local coordinating entity’’ means the local coordi13 nating entity for the Heritage Area designated by sec14 tion 3(d)(1). 

15 (5) MANAGEMENT PLAN.—The term ‘‘manage16 ment plan’’ means the management plan for the Her17 itage Area developed under section 5. 

18 (6) MAP.—The term ‘‘map’’ means the map enti19 tled ‘‘Niagara Falls National Heritage Area’’, num20 bered P76/80,000, and dated July 2006. 

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

22 the Secretary of the Interior. 

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

24 of New York. 


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1 SEC. 3. NIAGARA FALLS NATIONAL HERITAGE AREA. 

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

3 State the Niagara Falls National Heritage Area. 

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

5 consist of— 

6 (1) the area from the western boundary of the 

7 town of Wheatfield, New York, extending to the mouth 

8 of the Niagara River on Lake Ontario, as depicted on 

9 the map, including— 

10 (A) the city of Niagara Falls, New York; 

11 (B) the villages of Youngstown and Lewis12 ton, New York; and 

13 (C) land and water within the boundaries 

14 of the Heritage Area in Niagara County, New 

15 York; and 

16 (2) any additional thematically related sites 

17 within Erie and Niagara Counties, New York, that 

18 are identified in the management plan under section 

19 5(b)(6). 

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

21 and available for public inspection in the appropriate of22 fices of the National Park Service. 

23 (d) LOCAL COORDINATING ENTITY.— 

24 (1) DESIGNATION.—The local coordinating enti25 ty for the Heritage Area shall be— 


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1 (A) for the 5-year period beginning on the 

2 date of enactment of this Act, the Commission; 

3 and 

4 (B) on expiration of the 5-year period de5 scribed in subparagraph (A), a private nonprofit 

6 or governmental organization designated by the 

7 Commission. 

8 (2) AUTHORITIES.—For purposes of imple9 menting the management plan, the local coordinating 

10 entity designated under paragraph (1)(B) may use 

11 funds made available under this Act to— 

12 (A) make grants to, and enter into coopera13 tive agreements with, the State (including a po14 litical subdivision of the State), nonprofit orga15 nizations, or any person; 

16 (B) hire and compensate staff; and 

17 (C) enter into contracts for goods and serv18 ices. 

19 (3) DUTIES.—Beginning on the date described in 

20 paragraph (1)(B), the local coordinating entity des21 ignated by the Commission under paragraph (1)(B) 

22 shall assume the duties of the Commission described 

23 in section 4(h), other than the duties described in 

24 paragraphs (1) and (8) of section 4(h). 


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1 SEC. 4. NIAGARA FALLS NATIONAL HERITAGE AREA COM2 MISSION. 

3 (a) ESTABLISHMENT.—There is established within the 

4 Department of the Interior the Niagara Falls National Her5 itage Area Commission. 

6 (b) MEMBERSHIP.—The Commission shall be com7 posed of 17 members, of whom— 

8 (1) 1 member shall be the Director of the Na9 tional Park Service (or a designee); 

10 (2) 5 members shall be appointed by the Sec11 retary, after considering the recommendation of the 

12 Governor, from among individuals with knowledge 

13 and experience of— 

14 (A) the New York State Office of Parks, 

15 Recreation and Historic Preservation, the Niag16 ara River Greenway Commission, the New York 

17 Power Authority, the USA Niagara Development 

18 Corporation, and the Niagara Tourism and Con19 vention Corporation; or 

20 (B) any successors of the agencies described 

21 in subparagraph (A); 

22 (3) 1 member shall be appointed by the Sec23 retary, after considering the recommendation of the 

24 mayor of Niagara Falls, New York; 


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1 (4) 1 member shall be appointed by the Sec2 retary, after considering the recommendation of the 

3 mayor of the village of Youngstown, New York; 

4 (5) 1 member shall be appointed by the Sec5 retary, after considering the recommendation of the 

6 mayor of the village of Lewiston, New York; 

7 (6) 1 member shall be appointed by the Sec8 retary, after considering the recommendation of the 

9 Tuscarora Nation; 

10 (7) 1 member shall be appointed by the Sec11 retary, after considering the recommendation of the 

12 Seneca Nation of Indians; and 

13 (8) 6 members shall be individuals that have an 

14 interest in, support for, and expertise appropriate to 

15 tourism, regional planning, history and historic pres16 ervation, cultural or natural resource management, 

17 conservation, recreation, and education, or museum 

18 services, of whom— 

19 (A) 4 members shall be appointed by the 

20 Secretary, after considering the recommendation 

21 of the 2 members of the Senate from the State; 

22 and 

23 (B) 2 members shall be appointed by the 

24 Secretary, after considering the recommendation 


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1 of the member of the House of Representatives 

2 whose district encompasses the Heritage Area. 

3 (c) TERMS; VACANCIES.— 

4 (1) TERM.—A member of the Commission shall 

5 be appointed for a term not to exceed 5 years. 

6 (2) VACANCIES.— 

7 (A) PARTIAL TERM.—A member appointed 

8 to fill a vacancy on the Commission shall serve 

9 for the remainder of the term for which the pred10 ecessor of the member was appointed. 

11 (B) IN GENERAL.—A vacancy on the Com12 mission shall be filled in the same manner as the 

13 original appointment was made. 

14 (d) CHAIRPERSON AND VICE CHAIRPERSON.— 

15 (1) SELECTION.—The Commission shall select a 

16 Chairperson and Vice Chairperson from among the 

17 members of the Commission. 

18 (2) VICE CHAIRPERSON.—The Vice Chairperson 

19 shall serve as the Chairperson in the absence of the 

20 Chairperson. 

21 (e) QUORUM.— 

22 (1) IN GENERAL.—A majority of the members of 

23 the Commission shall constitute a quorum. 

24 (2) TRANSACTION.—For the transaction of any 

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1 sion, the Commission shall have the power to act by 

2 a majority vote of the members present at any meet3 ing at which a quorum is in attendance. 

4 (f) MEETINGS.— 

5 (1) IN GENERAL.—The Commission shall meet at 

6 least quarterly at the call of— 

7 (A) the Chairperson; or 

8 (B) a majority of the members of the Com9 mission. 

10 (2) NOTICE.—Notice of Commission meetings 

11 and agendas for the meetings shall be published in 

12 local newspapers that are distributed throughout the 

13 Heritage Area. 

14 (3) APPLICABLE LAW.—Meetings of the Commis15 sion shall be subject to section 552b of title 5, United 

16 States Code. 

17 (g) POWERS OF THE COMMISSION.—To the extent that 

18 Federal funds are appropriated, the Commission may— 

19 (1) enter into contracts and execute any instru20 ments necessary or appropriate to carry out the pur21 poses for which the Commission is established, includ22 ing the authority to procure temporary and intermit23 tent services and administrative facilities at rates de24 termined to be reasonable by the Commission to carry 

25 out the duties of the Commission; 


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1 (2) appoint and fix the compensation of any 

2 staff that may be necessary to carry out the duties of 

3 the Commission; 

4 (3) request and accept from the head of any Fed5 eral agency, on a reimbursable or nonreimbursable 

6 basis, any personnel of the Federal agency to the 

7 Commission to assist in carrying out the duties of the 

8 Commission; 

9 (4) request and accept from the head of any 

10 State agency or any agency of a political subdivision 

11 of the State, on a reimbursable or nonreimbursable 

12 basis, any personnel of the agency to the Commission 

13 to assist in carrying out the duties of the Commis14 sion; 

15 (5) make grants to assist in the development and 

16 implementation of the management plan; 

17 (6) negotiate and enter into any cooperative 

18 agreement, lease, contract, or other arrangement with 

19 any person, firm, association, organization, corpora20 tion, or governmental entity, including Federal, 

21 State, tribal, and local government entities, that is 

22 necessary to carry out the activities of the Commis23 sion; 


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1 (7) seek, accept, and dispose of gifts, bequests, 

2 grants, or donations of money, personal property, or 

3 services; 

4 (8) assist in— 

5 (A) developing educational, informational, 

6 and interpretive programs and facilities; and 

7 (B) any other activities that may promote 

8 the implementation of the management plan; 

9 (9) use the United States mails in the same 

10 manner as other agencies of the Federal Government; 

11 (10) establish any advisory groups that the Com12 mission determines to be necessary; and 

13 (11) adopt, amend, and enforce bylaws and rules 

14 governing the manner in which— 

15 (A) the business of the Commission may be 

16 conducted; and 

17 (B) the powers vested in the Commission 

18 may be exercised. 

19 (h) DUTIES OF THE COMMISSION.—To further the pur20 poses of the Heritage Area, the Commission shall— 

21 (1) in accordance with section 5, develop and 

22 submit to the Secretary for approval a management 

23 plan; 


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1 (2) assist units of local government, regional 

2 planning organizations, and nonprofit organizations 

3 in implementing the management plan by— 

4 (A) carrying out programs and projects 

5 that recognize, protect, and enhance important 

6 resource values within the Heritage Area; 

7 (B) establishing and maintaining interpre8 tive exhibits and programs within the Heritage 

9 Area; 

10 (C) developing recreational and educational 

11 opportunities in the Heritage Area; 

12 (D) increasing public awareness of, and ap13 preciation for, natural, historic, scenic, and cul14 tural resources of the Heritage Area; 

15 (E) protecting and restoring historic sites 

16 and buildings in the Heritage Area that are con17 sistent with the themes of the Heritage Area; 

18 (F) ensuring that clear, consistent, and ap19 propriate signs identifying points of public ac20 cess and sites of interest are posted throughout 

21 the Heritage Area; and 

22 (G) promoting a wide range of partnerships 

23 among governments, organizations, and individ24 uals to further the purposes of the Heritage Area; 


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1 (3) consider the interests of diverse units of gov2 ernment, businesses, organizations, and individuals 

3 in the Heritage Area in the development and imple4 mentation of the management plan; 

5 (4) conduct meetings open to the public regard6 ing the development and implementation of the man7 agement plan; 

8 (5) coordinate projects, activities, and programs 

9 with the Erie Canalway National Heritage Corridor; 

10 (6) for any fiscal year for which Federal funds 

11 have been received by the Commission under this 

12 Act— 

13 (A) submit an annual report to the Sec14 retary that describes— 

15 (i) the specific performance goals and 

16 accomplishments of the local coordinating 

17 entity; 

18 (ii) the expenses and income of the 

19 local coordinating entity; 

20 (iii) the amounts and sources of 

21 matching funds; 

22 (iv) the amounts leveraged with Fed23 eral funds and the sources of the leveraging; 

24 and 


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1 (v) any grants made to any other enti2 ties during the fiscal year; 

3 (B) make available to the Secretary for 

4 audit any records containing information relat5 ing to the expenditure of Federal funds and any 

6 matching funds; and 

7 (C) require, with respect to all agreements 

8 authorizing the expenditure of Federal funds by 

9 other organizations, that the organization receiv10 ing the funds make available to the Secretary for 

11 audit all records and other information con12 cerning the expenditure of the funds; 

13 (7) encourage, by appropriate means and con14 sistent with the purposes of the Heritage Area, the 

15 economic viability of the Heritage Area; and 

16 (8) assist in the transition of the management of 

17 the Heritage Area from the Commission to the local 

18 coordinating entity designated under section 

19 3(d)(1)(B). 

20 (i) COMPENSATION OF MEMBERS.— 

21 (1) IN GENERAL.—A member of the Commission 

22 shall serve without compensation. 

23 (2) TRAVEL EXPENSES.—A member of the Com24 mission shall be allowed travel expenses, including 

25 per diem in lieu of subsistence, at rates authorized for 


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1 an employee of an agency under subchapter I of chap2 ter 57 of title 5, United States Code, while away from 

3 the home or regular place of business of the member 

4 in the performance of the duties of the Commission. 

5 (j) GIFTS.—For purposes of section 170(c) of the Inter6 nal Revenue Code of 1986, any gift or charitable contribu7 tion to the Commission shall be considered to be a charitable 

8 contribution or gift to the United States. 

9 (k) USE OF FEDERAL FUNDS.—Except as provided for 

10 the leasing of administrative facilities under subsection 

11 (g)(1), the Commission may not use Federal funds made 

12 available to the Commission under this Act to acquire any 

13 real property or interest in real property. 

14 SEC. 5. MANAGEMENT PLAN. 

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

16 date on which funds are first made available to carry out 

17 this Act, the Commission shall submit to the Secretary for 

18 approval a management plan for the Heritage Area. 

19 (b) REQUIREMENTS.—The management plan shall— 

20 (1) include comprehensive policies, strategies, 

21 and recommendations for conservation, funding, man22 aging, and developing the Heritage Area; 

23 (2) take into consideration existing State, coun24 ty, and local plans; 


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1 (3) include a description of actions that govern2 ments, private organizations, and individuals have 

3 agreed to take to protect the natural, historic, and 

4 cultural resources of the Heritage Area; 

5 (4) identify any existing and potential sources of 

6 funding or economic development strategies to protect, 

7 manage, and develop the Heritage Area; 

8 (5) include an inventory of the natural, historic, 

9 scenic, cultural, educational, and recreational re10 sources of the Heritage Area relating to the themes of 

11 the Heritage Area that should be preserved, restored, 

12 managed, developed, or maintained; 

13 (6) establish criteria and identify thematically 

14 related sites in Niagara and Erie Counties, New 

15 York, that— 

16 (A) may participate in the Heritage Area; 

17 and 

18 (B) shall be included in the boundary of the 

19 Heritage Area; 

20 (7) include recommended policies and strategies 

21 for resource management that consider the applica22 tion of appropriate land and water management tech23 niques, including the development of intergovern24 mental and interagency cooperative agreements to 

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1 cational, and recreational resources of the Heritage 

2 Area; 

3 (8) describe a program of implementation for the 

4 management plan, including a description of— 

5 (A) performance goals; 

6 (B) plans for resource protection, restora7 tion, interpretation, enhancement, management, 

8 and development; and 

9 (C) any specific commitments for imple10 mentation that have been made by the local co11 ordinating entity or any government, organiza12 tion, or individual; 

13 (9) include an analysis of, and recommendations 

14 for ways in which, Federal, State, tribal, and local 

15 programs would best be coordinated to further the 

16 purposes of this Act, including an analysis of the role 

17 of the National Park Service in the Heritage Area; 

18 (10) include an interpretive plan for the Herit19 age Area; 

20 (11) include a business plan that— 

21 (A) describes the role, operation, financing, 

22 and functions of— 

23 (i) the local coordinating entity; and 

24 (ii) each of the major activities ad25 dressed in the management plan; and 


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1 (B) provides adequate assurances that the 

2 local coordinating entity has the partnerships 

3 and financial and other resources necessary to 

4 implement the management plan; and 

5 (12) includes provisions for— 

6 (A) the designation under section 3(d)(1)(B) 

7 of a nonprofit or governmental organization as 

8 the local coordinating entity to administer the 

9 Heritage Area consistent with the management 

10 plan; and 

11 (B) the transition of the management of the 

12 Heritage Area from the Commission to the orga13 nization designated as the local coordinating en14 tity at the end of the 5-year period specified in 

15 section 3(d)(1)(A). 

16 (c) TERMINATION OF FUNDING.—If the Commission 

17 does not submit the management plan to the Secretary by 

18 the date that is 3 years after the date on which funds are 

19 first made available to carry out this Act, the local coordi20 nating entity shall be ineligible to receive additional fund21 ing under this Act until the date on which the management 

22 plan is submitted to and approved by the Secretary. 

23 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

24 PLAN.— 


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1 (1) IN GENERAL.—Not later than 180 days after 

2 the date of receipt of the management plan under sub3 section (a), the Secretary shall approve or disapprove 

4 the management plan. 

5 (2) CONSIDERATIONS.—In determining whether 

6 to approve or disapprove the management plan under 

7 paragraph (1), the Secretary shall consider whether— 

8 (A) the organization proposed to succeed the 

9 Commission as the local coordinating entity 

10 would be representative of the diverse interests of 

11 the Heritage Area, including governments, nat12 ural and historic resource protection organiza13 tions, educational institutions, businesses, and 

14 recreational organizations; 

15 (B) the local coordinating entity has af16 forded adequate opportunity for public and gov17 ernmental involvement, including public meet18 ings, in the preparation of the management 

19 plan; 

20 (C) the resource protection and interpreta21 tion strategies contained in the management 

22 plan, if implemented, would adequately protect 

23 the natural, historic, and cultural resources of 

24 the Heritage Area; 


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1 (D) the Secretary has received adequate as2 surances from the appropriate State, tribal, and 

3 local officials whose support is needed to ensure 

4 the effective implementation of the State, tribal, 

5 and local aspects of the management plan; and 

6 (E) the local coordinating entity has dem7 onstrated the financial capability, in partner8 ship with others, to carry out the plan. 

9 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

10 Secretary disapproves the management plan under 

11 paragraph (1), the Secretary shall— 

12 (A) advise the local coordinating entity in 

13 writing of the reasons for the disapproval; 

14 (B) make recommendations for revisions to 

15 the management plan; and 

16 (C) not later than 180 days after the receipt 

17 of any proposed revision of the management 

18 plan, approve or disapprove the proposed revi19 sion. 

20 (e) AMENDMENTS.— 

21 (1) IN GENERAL.—The Secretary shall review 

22 and approve any substantial amendments to the man23 agement plan in accordance with subsection (d). 

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

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1 ordinating entity to implement any changes made by 

2 an amendment described in paragraph (1) until the 

3 Secretary approves the amendment. 

4 SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY. 

5 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

6 (1) IN GENERAL.—On request of the local coordi7 nating entity, the Secretary may provide technical 

8 and financial assistance, on a reimbursable or non9 reimbursable basis, to the Heritage Area for the devel10 opment and implementation of the management plan. 

11 (2) COOPERATIVE AGREEMENTS.—The Secretary 

12 may enter into cooperative agreements with the local 

13 coordinating entity and other public or private enti14 ties to provide assistance under paragraph (1). 

15 (3) PRIORITY FOR ASSISTANCE.—In providing 

16 assistance under paragraph (1), the Secretary shall 

17 give priority to actions that assist in— 

18 (A) conserving the significant natural, his19 toric, scenic, and cultural resources of the Herit20 age Area; and 

21 (B) providing educational, interpretive, and 

22 recreational opportunities, consistent with the 

23 purposes of the Heritage Area. 

24 (b) DETAIL OF DEPARTMENT OF THE INTERIOR EM25 PLOYEES.— 


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1 (1) IN GENERAL.—On request of the Commis2 sion, the Secretary may detail to the Commission for 

3 each fiscal year in which the Commission is in exist4 ence, on a nonreimbursable basis, 2 employees of the 

5 Department of the Interior to enable the Commission 

6 to carry out the duties of the Commission. 

7 (2) CIVIL SERVICE STATUS.—The detail of an 

8 employee under paragraph (1) shall be without inter9 ruption or loss of civil service status or privilege. 

10 SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

11 (a) IN GENERAL.—Nothing in this Act affects the au12 thority of a Federal agency to provide technical or financial 

13 assistance under any other law. 

14 (b) CONSULTATION AND COORDINATION.—The head of 

15 any Federal agency planning to conduct activities that may 

16 have an impact on the Heritage Area is encouraged to con17 sult and coordinate the activities with the Secretary and 

18 the local coordinating entity to the maximum extent prac19 ticable. 

20 (c) OTHER FEDERAL AGENCIES.—Nothing in this 

21 Act— 

22 (1) modifies, alters, or amends any law or regu23 lation authorizing a Federal agency to manage Fed24 eral land under the jurisdiction of the Federal agency; 


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1 (2) limits the discretion of a Federal land man2 ager to implement an approved land use plan within 

3 the boundaries of the Heritage Area; or 

4 (3) modifies, alters, or amends any authorized 

5 use of Federal land under the jurisdiction of a Fed6 eral agency. 

7 SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTEC8 TIONS. 

9 Nothing in this Act— 

10 (1) abridges the rights of any property owner 

11 (whether public or private), including the right to re12 frain from participating in any plan, project, pro13 gram, or activity conducted within the Heritage Area; 

14 (2) requires any property owner to permit public 

15 access (including access by Federal, State, or local 

16 agencies) to the property of the property owner, or to 

17 modify public access or use of property of the prop18 erty owner under any other Federal, State, or local 

19 law; 

20 (3) alters any duly adopted land use regulation, 

21 approved land use plan, or other regulatory authority 

22 of any Federal, State, or local agency, or conveys any 

23 land use or other regulatory authority to the local co24 ordinating entity; 


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1 (4) authorizes or implies the reservation or ap2 propriation of water or water rights; 

3 (5) diminishes the authority of the State to man4 age fish and wildlife, including the regulation of fish5 ing and hunting within the Heritage Area; or 

6 (6) creates any liability, or affects any liability 

7 under any other law, of any private property owner 

8 with respect to any person injured on the private 

9 property. 

10 SEC. 9. EVALUATION; REPORT. 

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

12 date on which authority for Federal funding terminates for 

13 the Heritage Area, the Secretary shall— 

14 (1) conduct an evaluation of the accomplish15 ments of the Heritage Area; and 

16 (2) prepare a report in accordance with sub17 section (c). 

18 (b) EVALUATION.—An evaluation conducted under 

19 subsection (a)(1) shall— 

20 (1) assess the progress of the local coordinating 

21 entity with respect to— 

22 (A) accomplishing the purposes of this Act 

23 for the Heritage Area; and 


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1 (B) achieving the goals and objectives of the 

2 approved management plan for the Heritage 

3 Area; 

4 (2) analyze the Federal, State, local, and private 

5 investments in the Heritage Area to determine the le6 verage and impact of the investments; and 

7 (3) review the management structure, partner8 ship relationships, and funding of the Heritage Area 

9 for purposes of identifying the critical components for 

10 sustainability of the Heritage Area. 

11 (c) REPORT.— 

12 (1) IN GENERAL.—Based on the evaluation con13 ducted under subsection (a)(1), the Secretary shall 

14 prepare a report that includes recommendations for 

15 the future role of the National Park Service, if any, 

16 with respect to the Heritage Area. 

17 (2) REQUIRED ANALYSIS.—If the report prepared 

18 under paragraph (1) recommends that Federal fund19 ing for the Heritage Area be reauthorized, the report 

20 shall include an analysis of— 

21 (A) ways in which Federal funding for the 

22 Heritage Area may be reduced or eliminated; 

23 and 


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1 (B) the appropriate time period necessary 

2 to achieve the recommended reduction or elimi3 nation. 

4 (3) SUBMISSION TO CONGRESS.—On completion 

5 of the report, the Secretary shall submit the report 

6 to— 

7 (A) the Committee on Energy and Natural 

8 Resources of the Senate; and 

9 (B) the Committee on Natural Resources of 

10 the House of Representatives. 

11 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—There is authorized to be appro13 priated to carry out this Act $10,000,000, of which not more 

14 than $1,000,000 may be appropriated for any fiscal year. 

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

16 share of the cost of any activity carried out using any as17 sistance made available under this Act shall be not more 

18 than 50 percent. 

19 SEC. 11. TERMINATION OF AUTHORITY. 

20 The authority of the Secretary to provide financial as21 sistance under this Act terminates on the date that is 15 

22 years after the date of enactment of this Act. 


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Calendar No. 372 

110TH CONGRESS 

1ST SESSION S. 800 

[Report No. 110

–174] 

A BILL 

To establish the Niagara Falls National Heritage 

purposes. Area in the State of New York, and for other 

SEPTEMBER 17, 2007 

Reported with an amendment 


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