II 

110TH CONGRESS 

1ST SESSION S. 800 

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 introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

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’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) Niagara Falls and the Niagara River Gorge 

9 are natural phenomena that are— 


ycherry on PROD1PC64 with BILLS
2 

•S 800 IS

1 (A) overwhelming in physical magnitude; 

2 and 

3 (B) deeply embedded in the popular con4 sciousness; 

5 (2) the Niagara River Gorge is an exceptionally 

6 scenic corridor carved by the movement of Niagara 

7 Falls due to erosion from the original location of Ni8 agara Falls near Lewiston, New York, a process 

9 that began more than 10,000 years ago; 

10 (3) Niagara Falls has been a leading inter11 national tourist attraction for 200 years, influencing 

12 the development of tourism and nature conservation 

13 in North America; 

14 (4) in approximately 1895, Niagara Falls be15 came the foremost source of hydroelectric power in 

16 North America, stimulating the development of inno17 vative heavy industries in Niagara Falls and Buf18 falo, New York; 

19 (5) the 3 National Historic Landmarks along or 

20 near the Niagara River are— 

21 (A) the Adams Power Transformer House, 

22 in Niagara Falls, which is the birthplace of the 

23 modern hydroelectric power station; 

24 (B) the Niagara Reservation, designed by 

25 landscape architect Frederick Law Olmsted, 


ycherry on PROD1PC64 with BILLS
3 

•S 800 IS

1 which is considered to be the oldest State park 

2 in the United States; and 

3 (C) the Colonial Niagara Historic District, 

4 in Lewiston and Youngstown, New York, which 

5 includes Old Fort Niagara; 

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

7 the United States and Canada— 

8 (A) has played an important role in Indian 

9 culture, the French and English colonial strug10 gle to control North America, the American 

11 Revolution, the War of 1812, and the Under12 ground Railroad; and 

13 (B) reflects national differences and simi14 larities between the United States and Canada; 

15 and 

16 (7) although concentrated primarily along the 

17 Niagara River in Niagara County, New York, there 

18 are also important thematically related sites located 

19 throughout Niagara and Erie Counties, New York, 

20 that support and reinforce the important stories and 

21 heritage of the Niagara region. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 


ycherry on PROD1PC64 with BILLS
4 

•S 800 IS

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

2 means the Niagara Falls National Heritage Area 

3 Commission established by section 5(a). 

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

5 the Governor of the State. 

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

7 Area’’ means the Niagara Falls National Heritage 

8 Area established by section 4(a). 

9 (4) LOCAL COORDINATING ENTITY.—The term 

10 ‘‘local coordinating entity’’ means the local coordi11 nating entity for the Heritage Area designated by 

12 section 4(d)(1). 

13 (5) MANAGEMENT PLAN.—The term ‘‘manage14 ment plan’’ means the management plan for the 

15 Heritage Area developed under section 6. 

16 (6) MAP.—The term ‘‘map’’ means the map en17 titled ‘‘Niagara Falls National Heritage Area’’, 

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

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

20 the Secretary of the Interior. 

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

22 of New York. 

23 SEC. 4. NIAGARA FALLS NATIONAL HERITAGE AREA. 

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

25 State the Niagara Falls National Heritage Area. 


ycherry on PROD1PC64 with BILLS
5 

•S 800 IS

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

2 consist of— 

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

4 town of Wheatfield, New York, extending to the 

5 mouth of the Niagara River on Lake Ontario, as de6 picted on the map, including— 

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

8 (B) the villages of Youngstown and Lewis9 ton, New York; and 

10 (C) land and water within the boundaries 

11 of the Heritage Area in Niagara County, New 

12 York; and 

13 (2) any additional thematically related sites 

14 within Erie and Niagara Counties, New York, that 

15 are identified in the management plan under section 

16 6(b)(6). 

17 (c) AVAILABILITYOF MAP.—The map shall be on file 

18 and available for public inspection in the appropriate of19 fices of the National Park Service. 

20 (d) LOCAL COORDINATING ENTITY.— 

21 (1) DESIGNATION.—The local coordinating enti22 ty for the Heritage Area shall be— 

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

24 date of enactment of this Act, the Commission; 

25 and 


ycherry on PROD1PC64 with BILLS
6 

•S 800 IS

1 (B) on expiration of the 5-year period de2 scribed in subparagraph (A), a private non3 profit or governmental organization designated 

4 by the Commission. 

5 (2) AUTHORITIES.—For purposes of imple6 menting the management plan, the local coordi7 nating entity designated under paragraph (1)(B) 

8 may use funds made available under this Act to— 

9 (A) make grants to, and enter into cooper10 ative agreements with, the State (including a 

11 political subdivision of the State), nonprofit or12 ganizations, or any person; 

13 (B) hire and compensate staff; and 

14 (C) enter into contracts for goods and 

15 services. 

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

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

18 designated by the Commission under paragraph 

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

20 described in section 5(h), other than the duties de21 scribed in paragraphs (1) and (8) of section 5(h). 


ycherry on PROD1PC64 with BILLS
7 

•S 800 IS

1 SEC. 5. NIAGARA FALLS NATIONAL HERITAGE AREA COM2 MISSION. 

3 (a) ESTABLISHMENT.—There is established within 

4 the Department of the Interior the Niagara Falls National 

5 Heritage 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, on the recommendation of the Governor, 

12 from among individuals with knowledge and experi13 ence 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 Develop18 ment Corporation, and the Niagara Tourism 

19 and Convention Corporation; or 

20 (B) any successors of the agencies de21 scribed in subparagraph (A); 

22 (3) 1 member shall be appointed by the Sec23 retary, on the recommendation of the mayor of Ni24 agara Falls, New York; 


ycherry on PROD1PC64 with BILLS
8 

•S 800 IS

1 (4) 1 member shall be appointed by the Sec2 retary, on the recommendation of the mayor of the 

3 village of Youngstown, New York; 

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

6 village of Lewiston, New York; 

7 (6) 1 member shall be appointed by the Sec8 retary, on the recommendation of the Tuscarora Na9 tion; 

10 (7) 1 member shall be appointed by the Sec11 retary, on the recommendation of the Seneca Nation 

12 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, on the recommendation of the 2 

21 members of the Senate from the State; and 

22 (B) 2 members shall be appointed by the 

23 Secretary, on the recommendation of the mem24 ber of the House of Representatives whose dis25 trict encompasses the Heritage Area. 


ycherry on PROD1PC64 with BILLS
9 

•S 800 IS

1 (c) TERMS; VACANCIES.— 

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

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

4 (2) VACANCIES.— 

5 (A) PARTIAL TERM.—A member appointed 

6 to fill a vacancy on the Commission shall serve 

7 for the remainder of the term for which the 

8 predecessor of the member was appointed. 

9 (B) IN GENERAL.—A vacancy on the Com10 mission shall be filled in the same manner as 

11 the original appointment was made. 

12 (d) CHAIRPERSON AND VICE CHAIRPERSON.— 

13 (1) SELECTION.—The Commission shall select 

14 a Chairperson and Vice Chairperson from among the 

15 members of the Commission. 

16 (2) VICE CHAIRPERSON.—The Vice Chairperson 

17 shall serve as the Chairperson in the absence of the 

18 Chairperson. 

19 (e) QUORUM.— 

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

21 of the Commission shall constitute a quorum. 

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

23 business or the exercise of any power of the Com24 mission, the Commission shall have the power to act 


ycherry on PROD1PC64 with BILLS
10 

•S 800 IS

1 by a majority vote of the members present at any 

2 meeting at which a quorum is in attendance. 

3 (f) MEETINGS.— 

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

5 at least quarterly at the call of— 

6 (A) the Chairperson; or 

7 (B) a majority of the members of the Com8 mission. 

9 (2) NOTICE.—Notice of Commission meetings 

10 and agendas for the meetings shall be published in 

11 local newspapers that are distributed throughout the 

12 Heritage Area. 

13 (3) APPLICABLE LAW.—Meetings of the Com14 mission shall be subject to section 552b of title 5, 

15 United States Code. 

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

17 that Federal funds are appropriated, the Commission 

18 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, in22 cluding the authority to procure temporary and 

23 intermittent services and administrative facilities at 

24 rates determined to be reasonable by the Commis25 sion to carry out the duties of the Commission; 


ycherry on PROD1PC64 with BILLS
11 

•S 800 IS

1 (2) appoint and fix the compensation of any 

2 staff that may be necessary to carry out the duties 

3 of the Commission; 

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

5 Federal agency, on a reimbursable or nonreimburs6 able basis, any personnel of the Federal agency to 

7 the Commission to assist in carrying out the duties 

8 of the 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 Commis13 sion to assist in carrying out the duties of the Com14 mission; 

15 (5) make grants to assist in the development 

16 and implementation of the management plan; 

17 (6) negotiate and enter into any cooperative 

18 agreement, lease, contract, or other arrangement 

19 with any person, firm, association, organization, cor20 poration, 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; 


ycherry on PROD1PC64 with BILLS
12 

•S 800 IS

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 Govern11 ment; 

12 (10) establish any advisory groups that the 

13 Commission determines to be necessary; and 

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

15 rules governing the manner in which— 

16 (A) the business of the Commission may be 

17 conducted; and 

18 (B) the powers vested in the Commission 

19 may be exercised. 

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

21 purposes of the Heritage Area, the Commission shall— 

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

23 submit to the Secretary for approval a management 

24 plan; 


ycherry on PROD1PC64 with BILLS
13 

•S 800 IS

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 

13 appreciation for, natural, historic, scenic, and 

14 cultural resources of the Heritage Area; 

15 (E) protecting and restoring historic sites 

16 and buildings in the Heritage Area that are 

17 consistent with the themes of the Heritage 

18 Area; 

19 (F) ensuring that clear, consistent, and ap20 propriate signs identifying points of public ac21 cess and sites of interest are posted throughout 

22 the Heritage Area; and 

23 (G) promoting a wide range of partner24 ships among governments, organizations, and 


ycherry on PROD1PC64 with BILLS
14 

•S 800 IS

1 individuals to further the purposes of the Herit2 age Area; 

3 (3) consider the interests of diverse units of 

4 government, businesses, organizations, and individ5 uals in the Heritage Area in the development and 

6 implementation of the management plan; 

7 (4) conduct meetings open to the public regard8 ing the development and implementation of the man9 agement plan; 

10 (5) coordinate projects, activities, and programs 

11 with the Erie Canalway National Heritage Corridor; 

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

13 have been received by the Commission under this 

14 Act— 

15 (A) submit an annual report to the Sec16 retary that describes— 

17 (i) the specific performance goals and 

18 accomplishments of the local coordinating 

19 entity; 

20 (ii) the expenses and income of the 

21 local coordinating entity; 

22 (iii) the amounts and sources of 

23 matching funds; 


ycherry on PROD1PC64 with BILLS
15 

•S 800 IS

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. 


ycherry on PROD1PC64 with BILLS
16 

•S 800 IS

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— 


ycherry on PROD1PC64 with BILLS
17 

•S 800 IS

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; 


ycherry on PROD1PC64 with BILLS
18 

•S 800 IS

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; 


ycherry on PROD1PC64 with BILLS
19 

•S 800 IS

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 


ycherry on PROD1PC64 with BILLS
20 

•S 800 IS

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 20:24 Mar 10, 2007 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S800.IS S800

ycherry on PROD1PC64 with BILLS
21 

•S 800 IS

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 


ycherry on PROD1PC64 with BILLS
22 

•S 800 IS

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 20:24 Mar 10, 2007 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S800.IS S800

ycherry on PROD1PC64 with BILLS
23 

•S 800 IS

1 vate entities to provide assistance under paragraph 

2 (1). 

3 (3) PRIORITYFOR 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 


ycherry on PROD1PC64 with BILLS
24 

•S 800 IS

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 


ycherry on PROD1PC64 with BILLS
25 

•S 800 IS

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; 


ycherry on PROD1PC64 with BILLS
26 

•S 800 IS

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. 

Æ 


ycherry on PROD1PC64 with BILLS