II 

Calendar No. 813 

110TH CONGRESS 

2D SESSION H. R. 1483 

[Report No. 110–381] 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 25, 2007 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

JUNE 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

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

AN ACT 

To amend the Omnibus Parks and Public Lands Management Act of 1996 to extend the authorization for certain 

national heritage areas, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Celebrating America’s 

5 Heritage Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents is as follows: 

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Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATION EXTENSIONS AND VIABILITY STUDIES 

Sec. 1001. Extensions of authorized appropriations. 

Sec. 1002. Evaluation and report. 

TITLE II—ESTABLISHMENT OF NATIONAL HERITAGE AREAS 

Subtitle A—Journey Through Hallowed Ground National Heritage Area 

Sec. 2001. Short title; table of contents. 

Sec. 2002. Purposes. 

Sec. 2003. Definitions. 

Sec. 2004. Designation of the Journey Through Hallowed Ground National 

Heritage Area. 

Sec. 2005. Management plan. 

Sec. 2006. Evaluation; report. 

Sec. 2007. Local coordinating entity. 

Sec. 2008. Relationship to other Federal agencies. 

Sec. 2009. Private property and regulatory protections. 

Sec. 2010. Authorization of appropriations. 

Sec. 2011. Use of Federal funds from other sources. 

Sec. 2012. Sunset for grants and other assistance. 

Subtitle B—Niagara Falls National Heritage Area 

Sec. 2021. Short title; table of contents. 

Sec. 2022. Purposes. 

Sec. 2023. Definitions. 

Sec. 2024. Designation of the Niagara Falls National Heritage Area. 

Sec. 2025. Management plan. 

Sec. 2026. Evaluation; report. 

Sec. 2027. Local coordinating entity. 

Sec. 2028. Niagara Falls Heritage Area Commission. 

Sec. 2029. Relationship to other Federal agencies. 

Sec. 2030. Private property and regulatory protections. 

Sec. 2031. Authorization of appropriations. 

Sec. 2032. Use of Federal funds from other sources. 

Sec. 2033. Sunset for grants and other assistance. 

Subtitle C—Muscle Shoals National Heritage Area 

Sec. 2041. Short title; table of contents. 

Sec. 2042. Purposes. 

Sec. 2043. Definitions. 

Sec. 2044. Designation of Muscle Shoals National Heritage Area. 

Sec. 2045. Management plan. 

Sec. 2046. Evaluation; report. 

Sec. 2047. Local coordinating entity. 

Sec. 2048. Relationship to other Federal agencies. 

Sec. 2049. Private property and regulatory protections. 

Sec. 2050. Authorization of appropriations. 

Sec. 2051. Use of Federal funds from other sources. 

Sec. 2052. Sunset for grants and other assistance. 

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Subtitle D—Freedom’s Way National Heritage Area 

Sec. 2061. Short title; table of contents. 

Sec. 2062. Purposes. 

Sec. 2063. Definitions. 

Sec. 2064. Designation of Freedom’s Way National Heritage Area. 

Sec. 2065. Management plan. 

Sec. 2066. Evaluation; report. 

Sec. 2067. Local coordinating entity. 

Sec. 2068. Relationship to other Federal agencies. 

Sec. 2069. Private property and regulatory protections. 

Sec. 2070. Authorization of appropriations. 

Sec. 2071. Use of Federal funds from other sources. 

Sec. 2072. Sunset for grants and other assistance. 

Subtitle E—Abraham Lincoln National Heritage Area 

Sec. 2081. Short title; table of contents. 

Sec. 2082. Purposes. 

Sec. 2083. Definitions. 

Sec. 2084. Designation of Abraham Lincoln National Heritage Area. 

Sec. 2085. Management plan. 

Sec. 2086. Evaluation; report. 

Sec. 2087. Local coordinating entity. 

Sec. 2088. Relationship to other Federal agencies. 

Sec. 2089. Private property and regulatory protections. 

Sec. 2090. Authorization of appropriations. 

Sec. 2091. Use of Federal funds from other sources. 

Sec. 2092. Sunset for grants and other assistance. 

Subtitle F—Santa Cruz Valley National Heritage Area 

Sec. 2111. Short title; table of contents. 

Sec. 2112. Purposes. 

Sec. 2113. Definitions. 

Sec. 2114. Designation of Santa Cruz Valley National Heritage Area. 

Sec. 2115. Management plan. 

Sec. 2116. Evaluation; report. 

Sec. 2117. Local coordinating entity. 

Sec. 2118. Relationship to other Federal agencies. 

Sec. 2119. Private property and regulatory protections. 

Sec. 2120. Authorization of appropriations. 

Sec. 2121. Use of Federal funds from other sources. 

Sec. 2122. Sunset for grants and other assistance. 

TITLE III—STUDY 

Sec. 3001. Study and report of proposed Northern Neck National Heritage 

Area. 

TITLE IV—TECHNICAL CORRECTIONS AND ADDITIONS 

Sec. 4001. National Coal Heritage Area technical corrections. 

Sec. 4002. Rivers of steel national heritage area addition. 

Sec. 4003. South Carolina National Heritage Corridor addition. 

Sec. 4004. Ohio and Erie Canal National Heritage Corridor technical corrections. 

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Sec. 4005. New Jersey Coastal Heritage trail route extension of authorization. 

Sec. 4006. Erie Canalway National Heritage Corridor technical corrections. 

TITLE V—SENSE OF CONGRESS REGARDING FUNDING 

Sec. 5001. Sense of Congress regarding funding. 

TITLE VI—APPLICATION OF CERTAIN LAWS 

Sec. 6001. Application of certain State and local laws. 

1 TITLE I—AUTHORIZATION EX2 TENSIONS AND VIABILITY 

3 STUDIES 

4 SEC. 1001. EXTENSIONS OF AUTHORIZED APPROPRIATIONS. 

5 Division II of the Omnibus Parks and Public Lands 

6 Management Act of 1996 (Public Law 104–333; 16 

7 U.S.C. 461 note) is amended in each of sections 108(a), 

8 209(a), 311(a), 409(a), 508(a), 608(a), 708(a), 810(a) (as 

9 redesignated by this Act), and 909(c), by striking 

10 ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 

11 SEC. 1002. EVALUATION AND REPORT. 

12 (a) IN GENERAL.—For the nine National Heritage 

13 Areas authorized in Division II of the Omnibus Parks and 

14 Public Lands Management Act of 1996, not later than 3 

15 years before the date on which authority for Federal fund16 ing terminates for each National Heritage Area, the Sec17 retary shall— 

18 (1) conduct an evaluation of the accomplish19 ments of the National Heritage Area; and 

20 (2) prepare a report in accordance with sub21 section (c). 

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1 (b) EVALUATION.—An evaluation conducted under 

2 subsection (a)(1) shall— 

3 (1) assess the progress of the local management 

4 entity with respect to— 

5 (A) accomplishing the purposes of the au6 thorizing legislation for the National Heritage 

7 Area; and 

8 (B) achieving the goals and objectives of 

9 the approved management plan for the National 

10 Heritage Area; 

11 (2) analyze the investments of Federal, State, 

12 Tribal, and local government and private entities in 

13 each National Heritage Area to determine the im14 pact of the investments; and 

15 (3) review the management structure, partner16 ship relationships, and funding of the National Her17 itage Area for purposes of identifying the critical 

18 components for sustainability of the National Herit19 age Area. 

20 (c) REPORT.—Based on the evaluation conducted 

21 under subsection (a)(1), the Secretary shall submit a re22 port to the Committee on Natural Resources of the United 

23 States House of Representatives and the Committee on 

24 Energy and Natural Resources of the Senate. The report 

25 shall include recommendations for the future role of the 

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1 National Park Service, if any, with respect to the National 

2 Heritage Area. 

3 TITLE II—ESTABLISHMENT OF 

4 NATIONAL HERITAGE AREAS 

5 Subtitle A—Journey Through Hal6 lowed Ground National Herit7 age Area 

8 SEC. 2001. SHORT TITLE; TABLE OF CONTENTS. 

9 (a) SHORT TITLE.—This subtitle may be cited as the 

10 ‘‘Journey Through Hallowed Ground National Heritage 

11 Area Act’’. 

12 (b) TABLE OF CONTENTS.—The table of contents of 

13 this subtitle is as follows: 

Sec. 2001. Short title; table of contents. 

Sec. 2002. Purposes. 

Sec. 2003. Definitions. 

Sec. 2004. Designation of the Journey Through Hallowed Ground National 

Heritage Area. 

Sec. 2005. Management plan. 

Sec. 2006. Evaluation; report. 

Sec. 2007. Local coordinating entity. 

Sec. 2008. Relationship to other Federal agencies. 

Sec. 2009. Private property and regulatory protections. 

Sec. 2010. Authorization of appropriations. 

Sec. 2011. Use of Federal funds from other sources. 

Sec. 2012. Sunset for grants and other assistance. 

14 SEC. 2002. PURPOSES. 

15 (a) The purposes of this subtitle include— 

16 (1) to recognize the national importance of the 

17 natural and cultural legacies of the area, as dem18 onstrated in the study entitled ‘‘The Journey 

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1 Through Hallowed Ground National Heritage Area 

2 Feasibility Study’’ dated September 2006; 

3 (2) to preserve, support, conserve, and interpret 

4 the legacy of the American history created along the 

5 National Heritage Area; 

6 (3) to promote heritage, cultural and rec7 reational tourism and to develop educational and 

8 cultural programs for visitors and the general public; 

9 (4) to recognize and interpret important events 

10 and geographic locations representing key develop11 ments in the creation of America, including Native 

12 American, Colonial American, European American, 

13 and African American heritage; 

14 (5) to recognize and interpret the effect of the 

15 Civil War on the civilian population of the National 

16 Heritage Area during the war and post-war recon17 struction period; 

18 (6) to enhance a cooperative management 

19 framework to assist the Commonwealth of Virginia, 

20 the State of Maryland, the Commonwealth of Penn21 sylvania, the State of West Virginia, and their units 

22 of local government, the private sector, and citizens 

23 residing in the National Heritage Area in con24 serving, supporting, enhancing, and interpreting the 

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1 significant historic, cultural and recreational sites in 

2 the National Heritage Area; and 

3 (7) to provide appropriate linkages among units 

4 of the National Park System within and surrounding 

5 the National Heritage Area, to protect, enhance, and 

6 interpret resources outside of park boundaries. 

7 SEC. 2003. DEFINITIONS. 

8 In this subtitle— 

9 (1) NATIONAL HERITAGE AREA.—The term 

10 ‘‘National Heritage Area’’ means the Journey 

11 Through Hallowed Ground National Heritage Area 

12 established in this subtitle. 

13 (2) LOCAL COORDINATING ENTITY.—The term 

14 ‘‘local coordinating entity’’ means the Journey 

15 Through Hallowed Ground Partnership, a Virginia 

16 non-profit, which is hereby designated by Con17 gress— 

18 (A) to develop, in partnership with others, 

19 the management plan for the National Heritage 

20 Area; and 

21 (B) to act as a catalyst for the implemen22 tation of projects and programs among diverse 

23 partners in the National Heritage Area. 

24 (3) MANAGEMENT PLAN.—The term ‘‘manage25 ment plan’’ means the plan prepared by the local comstockstill on PROD1PC66 with BILLS

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1 ordinating entity for the National Heritage Area 

2 that specifies actions, policies, strategies, perform3 ance goals, and recommendations to meet the goals 

4 of the National Heritage Area, in accordance with 

5 this subtitle. 

6 (4) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 SEC. 2004. DESIGNATION OF THE JOURNEY THROUGH HAL9 LOWED GROUND NATIONAL HERITAGE AREA. 

10 (a) ESTABLISHMENT.—There is hereby established 

11 the Journey Through Hallowed Ground National Heritage 

12 Area. 

13 (b) BOUNDARIES.— 

14 (1) IN GENERAL.—The Heritage Area shall 

15 consist of the 175-mile region generally following the 

16 Route 15 corridor and surrounding areas from 

17 Adams County, Pennsylvania, through Frederick 

18 County, Maryland, including the Heart of the Civil 

19 War Maryland State Heritage Area, looping through 

20 Brunswick, Maryland, to Harpers Ferry, West Vir21 ginia, back through Loudoun County, Virginia, to 

22 the Route 15 corridor and surrounding areas encom23 passing portions of Loudoun and Prince William 

24 Counties, Virginia, then Fauquier County, Virginia, 

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1 ginia, and Culpepper, Rappahannock, Orange, and 

2 Albemarle Counties, Virginia. 

3 (2) MAP.—The boundaries of the National Her4 itage Area shall include all of those lands and inter5 ests as generally depicted on the map titled ‘‘Jour6 ney Through Hallowed Ground National Heritage 

7 Area’’, numbered P90/80,000, and dated October 

8 2006. The map shall be on file and available to the 

9 public in the appropriate offices of the National 

10 Park Service and the local coordinating entity. 

11 SEC. 2005. MANAGEMENT PLAN. 

12 (a) REQUIREMENTS.—The management plan for the 

13 National Heritage Area shall— 

14 (1) describe comprehensive policies, goals, strat15 egies, and recommendations for telling the story of 

16 the heritage of the area covered by the National 

17 Heritage Area and encouraging long-term resource 

18 protection, enhancement, interpretation, funding, 

19 management, and development of the National Her20 itage Area; 

21 (2) include a description of actions and commit22 ments that Federal, State, Tribal, and local govern23 ments, private organizations, and citizens will take 

24 to protect, enhance, interpret, fund, manage, and de25 velop the natural, historical, cultural, educational, 

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1 scenic, and recreational resources of the National 

2 Heritage Area; 

3 (3) specify existing and potential sources of 

4 funding or economic development strategies to pro5 tect, enhance, interpret, fund, manage, and develop 

6 the National Heritage Area; 

7 (4) include an inventory of the natural, histor8 ical, cultural, educational, scenic, and recreational 

9 resources of the National Heritage Area related to 

10 the national importance and themes of the National 

11 Heritage Area that should be protected, enhanced, 

12 interpreted, managed, funded, and developed; 

13 (5) recommend policies and strategies for re14 source management, including the development of 

15 intergovernmental and interagency agreements to 

16 protect, enhance, interpret, fund, manage, and de17 velop the natural, historical, cultural, educational, 

18 scenic, and recreational resources of the National 

19 Heritage Area; 

20 (6) describe a program for implementation for 

21 the management plan, including— 

22 (A) performance goals; 

23 (B) plans for resource protection, enhance24 ment, interpretation, funding, management, and 

25 development; and 

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1 (C) specific commitments for implementa2 tion that have been made by the local coordi3 nating entity or any Federal, State, Tribal or 

4 local government agency, organization, busi5 ness, or individual; 

6 (7) include an analysis of, and recommenda7 tions for, means by which Federal, State, Tribal, 

8 and local programs may best be coordinated (includ9 ing the role of the National Park Service and other 

10 Federal agencies associated with the National Herit11 age Area) to further the purposes of this subtitle; 

12 and 

13 (8) include a business plan that— 

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

15 and functions of the local coordinating entity 

16 and of each of the major activities contained in 

17 the management plan; and 

18 (B) provides adequate assurances that the 

19 local coordinating entity has the partnerships 

20 and financial and other resources necessary to 

21 implement the management plan for the Na22 tional Heritage Area. 

23 (b) DEADLINE.— 

24 (1) IN GENERAL.—Not later than 3 years after 

25 the date on which funds are first made available to 

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1 develop the management plan after designation as a 

2 National Heritage Area, the local coordinating entity 

3 shall submit the management plan to the Secretary 

4 for approval. 

5 (2) TERMINATION OF FUNDING.—If the man6 agement plan is not submitted to the Secretary in 

7 accordance with paragraph (1), the local coordi8 nating entity shall not qualify for any additional fi9 nancial assistance under this subtitle until such time 

10 as the management plan is submitted to and ap11 proved by the Secretary. 

12 (c) APPROVAL OF MANAGEMENT PLAN.— 

13 (1) REVIEW.—Not later than 180 days after re14 ceiving the plan, the Secretary shall review and ap15 prove or disapprove the management plan for a Na16 tional Heritage Area on the basis of the criteria es17 tablished under paragraph (3). 

18 (2) CONSULTATION.—The Secretary shall con19 sult with the Governor of each State in which the 

20 National Heritage Area is located before approving 

21 a management plan for the National Heritage Area. 

22 (3) CRITERIA FOR APPROVAL.—In determining 

23 whether to approve a management plan for a Na24 tional Heritage Area, the Secretary shall consider 

25 whether— 

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1 (A) the local coordinating entity represents 

2 the diverse interests of the National Heritage 

3 Area, including Federal, State, Tribal, and local 

4 governments, natural, and historic resource pro5 tection organizations, educational institutions, 

6 businesses, recreational organizations, commu7 nity residents, and private property owners; 

8 (B) the local coordinating entity— 

9 (i) has afforded adequate opportunity 

10 for public and Federal, State, Tribal, and 

11 local governmental involvement (including 

12 through workshops and hearings) in the 

13 preparation of the management plan; and 

14 (ii) provides for at least semiannual 

15 public meetings to ensure adequate imple16 mentation of the management plan; 

17 (C) the resource protection, enhancement, 

18 interpretation, funding, management, and de19 velopment strategies described in the manage20 ment plan, if implemented, would adequately 

21 protect, enhance, interpret, fund, manage, and 

22 develop the natural, historic, cultural, edu23 cational, scenic, and recreational resources of 

24 the National Heritage Area; 

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1 (D) the management plan would not ad2 versely affect any activities authorized on Fed3 eral land under public land laws or land use 

4 plans; 

5 (E) the local coordinating entity has dem6 onstrated the financial capability, in partner7 ship with others, to carry out the plan; 

8 (F) the Secretary has received adequate 

9 assurances from the appropriate State, Tribal, 

10 and local officials whose support is needed to 

11 ensure the effective implementation of the 

12 State, Tribal, and local elements of the manage13 ment plan; and 

14 (G) the management plan demonstrates 

15 partnerships among the local coordinating enti16 ty, Federal, State, Tribal, and local govern17 ments, regional planning organizations, non18 profit organizations, or private sector parties 

19 for implementation of the management plan. 

20 (4) DISAPPROVAL.— 

21 (A) IN GENERAL.—If the Secretary dis22 approves the management plan, the Secretary— 

23 (i) shall advise the local coordinating 

24 entity in writing of the reasons for the dis25 approval; and 

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1 (ii) may make recommendations to the 

2 local coordinating entity for revisions to 

3 the management plan. 

4 (B) DEADLINE.—Not later than 180 days 

5 after receiving a revised management plan, the 

6 Secretary shall approve or disapprove the re7 vised management plan. 

8 (5) AMENDMENTS.— 

9 (A) IN GENERAL.—An amendment to the 

10 management plan that substantially alters the 

11 purposes of the National Heritage Area shall be 

12 reviewed by the Secretary and approved or dis13 approved in the same manner as the original 

14 management plan. 

15 (B) IMPLEMENTATION.—The local coordi16 nating entity shall not use Federal funds au17 thorized by this subtitle to implement an 

18 amendment to the management plan until the 

19 Secretary approves the amendment. 

20 (6) AUTHORITIES.—The Secretary may— 

21 (A) provide technical assistance under the 

22 authority of this subtitle for the development 

23 and implementation of the management plan; 

24 and 

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1 (B) enter into cooperative agreements with 

2 interested parties to carry out this subtitle. 

3 SEC. 2006. EVALUATION; REPORT. 

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

5 date on which authority for Federal funding terminates 

6 for the National Heritage Area under this subtitle, the 

7 Secretary shall— 

8 (1) conduct an evaluation of the accomplish9 ments of the National Heritage Area; and 

10 (2) prepare a report in accordance with sub11 section (c). 

12 (b) EVALUATION.—An evaluation conducted under 

13 subsection (a)(1) shall— 

14 (1) assess the progress of the local coordinating 

15 entity with respect to— 

16 (A) accomplishing the purposes of the au17 thorizing legislation for the National Heritage 

18 Area; and 

19 (B) achieving the goals and objectives of 

20 the approved management plan for the National 

21 Heritage Area; 

22 (2) analyze the Federal, State, Tribal, local, 

23 and private investments in the National Heritage 

24 Area to determine the impact of the investments; 

25 and 

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1 (3) review the management structure, partner2 ship relationships, and funding of the National Her3 itage Area for purposes of identifying the critical 

4 components for sustainability of the National Herit5 age Area. 

6 (c) REPORT.—Based on the evaluation conducted 

7 under subsection (a)(1), the Secretary shall submit a re8 port to the Committee on Natural Resources of the United 

9 States House of Representatives and the Committee on 

10 Energy and Natural Resources of the United States Sen11 ate. The report shall include recommendations for the fu12 ture role of the National Park Service, if any, with respect 

13 to the National Heritage Area. 

14 SEC. 2007. LOCAL COORDINATING ENTITY. 

15 (a) DUTIES.—To further the purposes of the Na16 tional Heritage Area, the Journey Through Hallowed 

17 Ground Partnership, as the local coordinating entity, 

18 shall— 

19 (1) prepare a management plan for the Na20 tional Heritage Area, and submit the management 

21 plan to the Secretary, in accordance with this sub22 title; 

23 (2) submit an annual report to the Secretary 

24 for each fiscal year for which the local coordinating 

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1 entity receives Federal funds under this subtitle, 

2 specifying— 

3 (A) the specific performance goals and ac4 complishments of the local coordinating entity; 

5 (B) the expenses and income of the local 

6 coordinating entity; 

7 (C) the amounts and sources of matching 

8 funds; 

9 (D) the amounts leveraged with Federal 

10 funds and sources of the leveraging; and 

11 (E) grants made to any other entities dur12 ing the fiscal year; 

13 (3) make available for audit for each fiscal year 

14 for which the local coordinating entity receives Fed15 eral funds under this subtitle, all information per16 taining to the expenditure of the funds and any 

17 matching funds; and 

18 (4) encourage economic viability and sustain19 ability that is consistent with the purposes of the 

20 National Heritage Area. 

21 (b) AUTHORITIES.—For the purposes of preparing 

22 and implementing the approved management plan for the 

23 National Heritage Area, the local coordinating entity may 

24 use Federal funds made available under this subtitle to— 

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1 (1) make grants to political jurisdictions, non2 profit organizations, and other parties within the 

3 National Heritage Area; 

4 (2) enter into cooperative agreements with or 

5 provide technical assistance to political jurisdictions, 

6 nonprofit organizations, Federal agencies, and other 

7 interested parties; 

8 (3) hire and compensate staff, including individ9 uals with expertise in— 

10 (A) natural, historical, cultural, edu11 cational, scenic, and recreational resource con12 servation; 

13 (B) economic and community development; 

14 and 

15 (C) heritage planning; 

16 (4) obtain funds or services from any source, 

17 including other Federal programs; 

18 (5) contract for goods or services; and 

19 (6) support activities of partners and any other 

20 activities that further the purposes of the National 

21 Heritage Area and are consistent with the approved 

22 management plan. 

23 (c) PROHIBITION ON ACQUISITION OF REAL PROP24 ERTY.—The local coordinating entity may not use Federal 

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1 funds authorized under this subtitle to acquire any inter2 est in real property. 

3 SEC. 2008. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

4 (a) IN GENERAL.—Nothing in this subtitle affects 

5 the authority of a Federal agency to provide technical or 

6 financial assistance under any other law. 

7 (b) CONSULTATION AND COORDINATION.—The head 

8 of any Federal agency planning to conduct activities that 

9 may have an impact on a National Heritage Area is en10 couraged to consult and coordinate the activities with the 

11 Secretary and the local coordinating entity to the max12 imum extent practicable. 

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

14 subtitle— 

15 (1) modifies, alters, or amends any law or regu16 lation authorizing a Federal agency to manage Fed17 eral land under the jurisdiction of the Federal agen18 cy; 

19 (2) limits the discretion of a Federal land man20 ager to implement an approved land use plan within 

21 the boundaries of a National Heritage Area; or 

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

23 use of Federal land under the jurisdiction of a Fed24 eral agency. 

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1 SEC. 2009. PRIVATE PROPERTY AND REGULATORY PROTEC2 TIONS. 

3 Nothing in this subtitle— 

4 (1) abridges the rights of any property owner 

5 (whether public or private), including the right to re6 frain from participating in any plan, project, pro7 gram, or activity conducted within the National Her8 itage Area; 

9 (2) requires any property owner to permit pub10 lic access (including access by Federal, State, Tribal, 

11 or local agencies) to the property of the property 

12 owner, or to modify public access or use of property 

13 of the property owner under any other Federal, 

14 State, Tribal, or local law; 

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

16 approved land use plan, or other regulatory author17 ity (such as the authority to make safety improve18 ments or increase the capacity of existing roads or 

19 to construct new roads) of any Federal, State, Trib20 al, or local agency, or conveys any land use or other 

21 regulatory authority to any local coordinating entity, 

22 including but not necessarily limited to development 

23 and management of energy or water or water-related 

24 infrastructure; 

25 (4) authorizes or implies the reservation or ap26 propriation of water or water rights; 

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1 (5) diminishes the authority of the State to 

2 manage fish and wildlife, including the regulation of 

3 fishing and hunting within the National Heritage 

4 Area; or 

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

6 under any other law, of any private property owner 

7 with respect to any person injured on the private 

8 property. 

9 SEC. 2010. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject 

11 to subsection (b), there are authorized to be appropriated 

12 to carry out this subtitle not more than $1,000,000 for 

13 any fiscal year. Funds so appropriated shall remain avail14 able until expended. 

15 (b) LIMITATION ON TOTAL AMOUNTS APPRO16 PRIATED.—Not more than $15,000,000 may be appro17 priated to carry out this subtitle. 

18 (c) COST-SHARING REQUIREMENT.—The Federal 

19 share of the total cost of any activity under this subtitle 

20 shall be not more than 50 percent; the non-Federal con21 tribution may be in the form of in-kind contributions of 

22 goods or services fairly valued. 

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1 SEC. 2011. USE OF FEDERAL FUNDS FROM OTHER 

2 SOURCES. 

3 Nothing in this subtitle shall preclude the local co4 ordinating entity from using Federal funds available under 

5 other laws for the purposes for which those funds were 

6 authorized. 

7 SEC. 2012. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

8 The authority of the Secretary to provide financial 

9 assistance under this subtitle terminates on the date that 

10 is 15 years after the date of enactment of this subtitle. 

11 Subtitle B—Niagara Falls National 

12 Heritage Area 

13 SEC. 2021. SHORT TITLE; TABLE OF CONTENTS. 

14 (a) SHORT TITLE.—This subtitle may be cited as the 

15 ‘‘Niagara Falls National Heritage Area Act’’. 

16 (b) TABLE OF CONTENTS.—The table of contents of 

17 this subtitle is as follows: 

Sec. 2021. Short title; table of contents. 

Sec. 2022. Purposes. 

Sec. 2023. Definitions. 

Sec. 2024. Designation of the Niagara Falls National Heritage Area. 

Sec. 2025. Management plan. 

Sec. 2026. Evaluation; report. 

Sec. 2027. Local coordinating entity. 

Sec. 2028. Niagara Falls Heritage Area Commission. 

Sec. 2029. Relationship to other Federal agencies. 

Sec. 2030. Private property and regulatory protections. 

Sec. 2031. Authorization of appropriations. 

Sec. 2032. Use of Federal funds from other sources. 

Sec. 2033. Sunset for grants and other assistance. 

18 SEC. 2022. PURPOSES. 

19 (a) The purposes of this subtitle include— 

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1 (1) to recognize the national importance of the 

2 natural and cultural legacies of the area, as dem3 onstrated in the National Park Service study report 

4 entitled ‘‘Niagara National Heritage Area Study’’ 

5 dated 2005; 

6 (2) to preserve, support, conserve, and interpret 

7 the natural, scenic, cultural, and historic resources 

8 within the National Heritage Area; 

9 (3) to promote heritage, cultural and rec10 reational tourism and to develop educational and 

11 cultural programs for visitors and the general public; 

12 (4) to recognize and interpret important events 

13 and geographic locations representing key develop14 ments in American history and culture, including 

15 Native American, Colonial American, European 

16 American, and African American heritage; 

17 (5) to enhance a cooperative management 

18 framework to assist State, local, and Tribal govern19 ments, the private sector, and citizens residing in 

20 the National Heritage Area in conserving, sup21 porting, enhancing, and interpreting the significant 

22 historic, cultural, and recreational sites in the Na23 tional Heritage Area; 

24 (6) to conserve and interpret the history of the 

25 development of hydroelectric power in the United 

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1 States and its role in developing the American econ2 omy; and 

3 (7) to provide appropriate linkages among units 

4 of the National Park System within and surrounding 

5 the National Heritage Area, to protect, enhance, and 

6 interpret resources outside of park boundaries. 

7 SEC. 2023. DEFINITIONS. 

8 In this subtitle— 

9 (1) NATIONAL HERITAGE AREA.—The term 

10 ‘‘National Heritage Area’’ means the Niagara Falls 

11 National Heritage Area established in this subtitle. 

12 (2) LOCAL COORDINATING ENTITY.—The term 

13 ‘‘local coordinating entity’’ means the local coordi14 nating entity for the National Heritage Area des15 ignated pursuant to this subtitle. 

16 (3) MANAGEMENT PLAN.—The term ‘‘manage17 ment plan’’ means the plan prepared by the local co18 ordinating entity for the National Heritage Area 

19 that specifies actions, policies, strategies, perform20 ance goals, and recommendations to meet the goals 

21 of the National Heritage Area, in accordance with 

22 this subtitle. 

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

24 the Secretary of the Interior. 

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

2 means the Niagara Falls National Heritage Area 

3 Commission established under this subtitle. 

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

5 the Governor of the State of New York. 

6 SEC. 2024. DESIGNATION OF THE NIAGARA FALLS NA7 TIONAL HERITAGE AREA. 

8 (a) ESTABLISHMENT.—There is hereby established 

9 the Niagara Falls National Heritage Area. 

10 (b) BOUNDARIES.— 

11 (1) IN GENERAL.—The National Heritage Area 

12 shall consist of the area from the western boundary 

13 of the town of Wheatfield, New York, extending to 

14 the mouth of the Niagara River on Lake Ontario, in15 cluding the city of Niagara Falls, New York, the vil16 lages of Youngstown and Lewiston, New York, land 

17 and water within the boundaries of the Heritage 

18 Area in Niagara County, New York, and any addi19 tional thematically related sites within Erie and Ni20 agara Counties, New York, that are identified in the 

21 management plan developed under this subtitle. 

22 (2) MAP.—The boundaries of the National Her23 itage Area shall be as generally depicted on the map 

24 titled ‘‘Niagara Falls National Heritage Area,’’ and 

25 numbered P76/80,000 and dated July, 2006. The 

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1 map shall be on file and available to the public in 

2 the appropriate offices of the National Park Service 

3 and the local coordinating entity. 

4 SEC. 2025. MANAGEMENT PLAN. 

5 (a) REQUIREMENTS.—The management plan for the 

6 National Heritage Area shall— 

7 (1) describe comprehensive policies, goals, strat8 egies, and recommendations for telling the story of 

9 the heritage of the area covered by the National 

10 Heritage Area and encouraging long-term resource 

11 protection, enhancement, interpretation, funding, 

12 management, and development of the National Her13 itage Area; 

14 (2) include a description of actions and commit15 ments that Federal, State, Tribal, and local govern16 ments, private organizations, and citizens will take 

17 to protect, enhance, interpret, fund, manage, and de18 velop the natural, historical, cultural, educational, 

19 scenic, and recreational resources of the National 

20 Heritage Area; 

21 (3) specify existing and potential sources of 

22 funding or economic development strategies to pro23 tect, enhance, interpret, fund, manage, and develop 

24 the National Heritage Area; 

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1 (4) include an inventory of the natural, histor2 ical, cultural, educational, scenic, and recreational 

3 resources of the National Heritage Area related to 

4 the national importance and themes of the National 

5 Heritage Area that should be protected, enhanced, 

6 interpreted, managed, funded, and developed; 

7 (5) recommend policies and strategies for re8 source management, including the development of 

9 intergovernmental and interagency agreements to 

10 protect, enhance, interpret, fund, manage, and de11 velop the natural, historical, cultural, educational, 

12 scenic, and recreational resources of the National 

13 Heritage Area; 

14 (6) describe a program for implementation for 

15 the management plan, including— 

16 (A) performance goals; 

17 (B) plans for resource protection, enhance18 ment, interpretation, funding, management, and 

19 development; and 

20 (C) specific commitments for implementa21 tion that have been made by the local coordi22 nating entity or any Federal, State, Tribal, or 

23 local government agency, organization, busi24 ness, or individual; 

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1 (7) include an analysis of, and recommenda2 tions for, means by which Federal, State, Tribal, 

3 and local programs may best be coordinated (includ4 ing the role of the National Park Service and other 

5 Federal agencies associated with the National Herit6 age Area) to further the purposes of this subtitle; 

7 and 

8 (8) include a business plan that— 

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

10 and functions of the local coordinating entity 

11 and of each of the major activities contained in 

12 the management plan; and 

13 (B) provides adequate assurances that the 

14 local coordinating entity has the partnerships 

15 and financial and other resources necessary to 

16 implement the management plan for the Na17 tional Heritage Area. 

18 (b) DEADLINE.— 

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

20 the date on which funds are first made available to 

21 develop the management plan after designation as a 

22 National Heritage Area, the local coordinating entity 

23 shall submit the management plan to the Secretary 

24 for approval. 

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1 (2) TERMINATION OF FUNDING.—If the man2 agement plan is not submitted to the Secretary in 

3 accordance with paragraph (1), the local coordi4 nating entity shall not qualify for any additional fi5 nancial assistance under this subtitle until such time 

6 as the management plan is submitted to and ap7 proved by the Secretary. 

8 (c) APPROVAL OF MANAGEMENT PLAN.— 

9 (1) REVIEW.—Not later than 180 days after re10 ceiving the plan, the Secretary shall review and ap11 prove or disapprove the management plan for a Na12 tional Heritage Area on the basis of the criteria es13 tablished under paragraph (3). 

14 (2) CONSULTATION.—The Secretary shall con15 sult with the Governor before approving a manage16 ment plan for the National Heritage Area. 

17 (3) CRITERIA FOR APPROVAL.—In determining 

18 whether to approve a management plan for a Na19 tional Heritage Area, the Secretary shall consider 

20 whether— 

21 (A) the local coordinating entity represents 

22 the diverse interests of the National Heritage 

23 Area, including Federal, State, Tribal, and local 

24 governments, natural and historic resource pro25 tection organizations, educational institutions, 

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1 businesses, recreational organizations, commu2 nity residents, and private property owners; 

3 (B) the local coordinating entity— 

4 (i) has afforded adequate opportunity 

5 for public and Federal, State, Tribal, and 

6 local governmental involvement (including 

7 through workshops and hearings) in the 

8 preparation of the management plan; and 

9 (ii) provides for at least semiannual 

10 public meetings to ensure adequate imple11 mentation of the management plan; 

12 (C) the resource protection, enhancement, 

13 interpretation, funding, management, and de14 velopment strategies described in the manage15 ment plan, if implemented, would adequately 

16 protect, enhance, interpret, fund, manage, and 

17 develop the natural, historic, cultural, edu18 cational, scenic, and recreational resources of 

19 the National Heritage Area; 

20 (D) the management plan would not ad21 versely affect any activities authorized on Fed22 eral land under public land laws or land use 

23 plans; 

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1 (E) the local coordinating entity has dem2 onstrated the financial capability, in partner3 ship with others, to carry out the plan; 

4 (F) the Secretary has received adequate 

5 assurances from the appropriate State, Tribal, 

6 and local officials whose support is needed to 

7 ensure the effective implementation of the 

8 State, Tribal, and local elements of the manage9 ment plan; and 

10 (G) the management plan demonstrates 

11 partnerships among the local coordinating enti12 ty, Federal, State, Tribal, and local govern13 ments, regional planning organizations, non14 profit organizations, or private sector parties 

15 for implementation of the management plan. 

16 (4) DISAPPROVAL.— 

17 (A) IN GENERAL.—If the Secretary dis18 approves the management plan, the Secretary— 

19 (i) shall advise the local coordinating 

20 entity in writing of the reasons for the dis21 approval; and 

22 (ii) may make recommendations to the 

23 local coordinating entity for revisions to 

24 the management plan. 

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1 (B) DEADLINE.—Not later than 180 days 

2 after receiving a revised management plan, the 

3 Secretary shall approve or disapprove the re4 vised management plan. 

5 (5) AMENDMENTS.— 

6 (A) IN GENERAL.—An amendment to the 

7 management plan that substantially alters the 

8 purposes of the National Heritage Area shall be 

9 reviewed by the Secretary and approved or dis10 approved in the same manner as the original 

11 management plan. 

12 (B) IMPLEMENTATION.—The local coordi13 nating entity shall not use Federal funds au14 thorized by this subtitle to implement an 

15 amendment to the management plan until the 

16 Secretary approves the amendment. 

17 (6) AUTHORITIES.—The Secretary may— 

18 (A) provide technical assistance under the 

19 authority of this subtitle for the development 

20 and implementation of the management plan; 

21 and 

22 (B) enter into cooperative agreements with 

23 interested parties to carry out this subtitle. 

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1 SEC. 2026. EVALUATION; REPORT. 

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

3 date on which authority for Federal funding terminates 

4 for the National Heritage Area under this subtitle the Sec5 retary shall— 

6 (1) conduct an evaluation of the accomplish7 ments of the National Heritage Area; and 

8 (2) prepare a report in accordance with sub9 section (c). 

10 (b) EVALUATION.—An evaluation conducted under 

11 subsection (a)(1) shall— 

12 (1) assess the progress of the local coordinating 

13 entity with respect to— 

14 (A) accomplishing the purposes of the au15 thorizing legislation for the National Heritage 

16 Area; and 

17 (B) achieving the goals and objectives of 

18 the approved management plan for the National 

19 Heritage Area; 

20 (2) analyze the Federal, State, Tribal, and 

21 local, and private investments in the National Herit22 age Area to determine the impact of the invest23 ments; and 

24 (3) review the management structure, partner25 ship relationships, and funding of the National Her26 itage Area for purposes of identifying the critical 

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1 components for sustainability of the National Herit2 age Area. 

3 (c) REPORT.—Based on the evaluation conducted 

4 under subsection (a)(1), the Secretary shall submit a re5 port to the Committee on Natural Resources of the United 

6 States House of Representatives and the Committee on 

7 Energy and Natural Resources of the United States Sen8 ate. The report shall include recommendations for the fu9 ture role of the National Park Service, if any, with respect 

10 to the National Heritage Area. 

11 SEC. 2027. LOCAL COORDINATING ENTITY. 

12 (a) DESIGNATION.—The local coordinating entity for 

13 the Heritage Area shall be— 

14 (1) for the 5-year period beginning on the date 

15 of enactment of this subtitle, the Commission; and 

16 (2) on expiration of the 5-year period described 

17 in subparagraph (1), a private nonprofit or govern18 mental organization designated by the Commission. 

19 (b) DUTIES.—To further the purposes of the Na20 tional Heritage Area, the local coordinating entity, shall— 

21 (1) prepare a management plan for the Na22 tional Heritage Area, and submit the management 

23 plan to the Secretary, in accordance with this sub24 title; 

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1 (2) submit an annual report to the Secretary 

2 for each fiscal year for which the local coordinating 

3 entity receives Federal funds under this subtitle, 

4 specifying— 

5 (A) the specific performance goals and ac6 complishments of the local coordinating entity; 

7 (B) the expenses and income of the local 

8 coordinating entity; 

9 (C) the amounts and sources of matching 

10 funds; 

11 (D) the amounts leveraged with Federal 

12 funds and sources of the leveraging; and 

13 (E) grants made to any other entities dur14 ing the fiscal year; 

15 (3) make available for audit for each fiscal year 

16 for which the local coordinating entity receives Fed17 eral funds under this subtitle, all information per18 taining to the expenditure of the funds and any 

19 matching funds; 

20 (4) encourage economic viability and sustain21 ability that is consistent with the purposes of the 

22 National Heritage Area; and 

23 (5) coordinate projects, activities, and programs 

24 with the Erie Canalway National Heritage Corridor. 

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1 (c) AUTHORITIES.—For the purposes of preparing 

2 and implementing the approved management plan for the 

3 National Heritage Area, the local coordinating entity may 

4 use Federal funds made available under this subtitle to— 

5 (1) make grants to political jurisdictions, non6 profit organizations, and other parties within the 

7 National Heritage Area; 

8 (2) enter into cooperative agreements with or 

9 provide technical assistance to political jurisdictions, 

10 nonprofit organizations, Federal agencies, and other 

11 interested parties; 

12 (3) hire and compensate staff, including individ13 uals with expertise in— 

14 (A) natural, historical, cultural, edu15 cational, scenic, and recreational resource con16 servation; 

17 (B) economic and community development; 

18 and 

19 (C) heritage planning; 

20 (4) obtain funds or services from any source, 

21 including other Federal programs; 

22 (5) contract for goods or services; and 

23 (6) support activities of partners and any other 

24 activities that further the purposes of the National 

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1 Heritage Area and are consistent with the approved 

2 management plan. 

3 (d) PROHIBITION ON ACQUISITION OF REAL PROP4 ERTY.—The local coordinating entity may not use Federal 

5 funds authorized under this subtitle to acquire any inter6 est in real property. 

7 SEC. 2028. NIAGARA FALLS HERITAGE AREA COMMISSION. 

8 (a) ESTABLISHMENT.—There is established within 

9 the Department of the Interior the Niagara Falls National 

10 Heritage Area Commission. 

11 (b) MEMBERSHIP.—The Commission shall be com12 posed of 17 members, of whom— 

13 (1) 1 member shall be the Director of the Na14 tional Park Service (or a designee); 

15 (2) 5 members shall be appointed by the Sec16 retary, after consideration of the recommendation of 

17 the Governor, from among individuals with knowl18 edge and experience of— 

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

20 Recreation and Historic Preservation, the Niag21 ara River Greenway Commission, the New York 

22 Power Authority, the USA Niagara Develop23 ment Corporation, and the Niagara Tourism 

24 and Convention Corporation; or 

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1 (B) any successors of the agencies de2 scribed in subparagraph (A); 

3 (3) 1 member shall be appointed by the Sec4 retary, after consideration of the recommendation of 

5 the mayor of Niagara Falls, New York; 

6 (4) 1 member shall be appointed by the Sec7 retary, after consideration of the recommendation of 

8 the mayor of the village of Youngstown, New York; 

9 (5) 1 member shall be appointed by the Sec10 retary, after consideration of the recommendation of 

11 the mayor of the village of Lewiston, New York; 

12 (6) 1 member shall be appointed by the Sec13 retary, after consideration of the recommendation of 

14 the Tuscarora Nation; 

15 (7) 1 member shall be appointed by the Sec16 retary, after consideration of the recommendation of 

17 the Seneca Nation of Indians; and 

18 (8) 6 members shall be individuals who have an 

19 interest in, support for, and expertise appropriate to 

20 tourism, regional planning, history and historic pres21 ervation, cultural or natural resource management, 

22 conservation, recreation, and education, or museum 

23 services, of whom— 

24 (A) 4 members shall be appointed by the 

25 Secretary, after consideration of the recmstockstill on PROD1PC66 with BILLS

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1 ommendation of the 2 members of the Senate 

2 from the State; and 

3 (B) 2 members shall be appointed by the 

4 Secretary, after consideration of the rec5 ommendation of the Member of the House of 

6 Representatives whose district encompasses the 

7 National Heritage Area. 

8 (c) TERMS; VACANCIES.— 

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

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

11 (2) VACANCIES.— 

12 (A) PARTIAL TERM.—A member appointed 

13 to fill a vacancy on the Commission shall serve 

14 for the remainder of the term for which the 

15 predecessor of the member was appointed. 

16 (B) IN GENERAL.—A vacancy on the Com17 mission shall be filled in the same manner as 

18 the original appointment was made. 

19 (d) CHAIRPERSON AND VICE CHAIRPERSON.— 

20 (1) SELECTION.—The Commission shall select 

21 a Chairperson and Vice Chairperson from among the 

22 members of the Commission. 

23 (2) VICE CHAIRPERSON.—The Vice Chairperson 

24 shall serve as the Chairperson in the absence of the 

25 Chairperson. 

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1 (e) QUORUM.— 

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

3 of the Commission shall constitute a quorum. 

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

5 business or the exercise of any power of the Com6 mission, the Commission shall have the power to act 

7 by a majority vote of the members present at any 

8 meeting at which a quorum is in attendance. 

9 (f) MEETINGS.— 

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

11 at least quarterly at the call of— 

12 (A) the Chairperson; or 

13 (B) a majority of the members of the Com14 mission. 

15 (2) NOTICE.—Notice of Commission meetings 

16 and agendas for the meetings shall be published in 

17 local newspapers that are distributed throughout the 

18 National Heritage Area. 

19 (3) APPLICABLE LAW.—Meetings of the Com20 mission shall be subject to section 552b of title 5, 

21 United States Code. 

22 (g) AUTHORITIES OF THE COMMISSION.—In addition 

23 to the authorities otherwise granted in this subtitle, the 

24 Commission may— 

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1 (1) request and accept from the head of any 

2 Federal agency, on a reimbursable or non-reimburs3 able basis, any personnel of the Federal agency to 

4 the Commission to assist in carrying out the duties 

5 of the Commission; 

6 (2) request and accept from the head of any 

7 State agency or any agency of a political subdivision 

8 of the State, on a reimbursable or nonreimbursable 

9 basis, any personnel of the agency to the Commis10 sion to assist in carrying out the duties of the Com11 mission; 

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

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

14 services; and 

15 (4) use the United States mails in the same 

16 manner as other agencies of the Federal Govern17 ment. 

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

19 purposes of the National Heritage Area, in addition to the 

20 duties otherwise listed in this subtitle, the Commission 

21 shall assist in the transition of the management of the 

22 National Heritage Area from the Commission to the local 

23 coordinating entity designated under this subtitle. 

24 (i) COMPENSATION OF MEMBERS.— 

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1 (1) IN GENERAL.—A member of the Commis2 sion shall serve without compensation. 

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

4 Commission shall be allowed travel expenses, includ5 ing per diem in lieu of subsistence, at rates author6 ized for an employee of an agency under subchapter 

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

8 away from the home or regular place of business of 

9 the member in the performance of the duties of the 

10 Commission. 

11 (j) GIFTS.—For purposes of section 170(c) of the In12 ternal Revenue Code of 1986, any gift or charitable con13 tribution to the Commission shall be considered to be a 

14 charitable contribution or gift to the United States. 

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

16 for the leasing of administrative facilities under subsection 

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

18 available to the Commission under this subtitle to acquire 

19 any real property or interest in real property. 

20 SEC. 2029. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

21 (a) IN GENERAL.—Nothing in this subtitle affects 

22 the authority of a Federal agency to provide technical or 

23 financial assistance under any other law. 

24 (b) CONSULTATION AND COORDINATION.—The head 

25 of any Federal agency planning to conduct activities that 

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1 may have an impact on a National Heritage Area is en2 couraged to consult and coordinate the activities with the 

3 Secretary and the local coordinating entity to the max4 imum extent practicable. 

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

6 subtitle— 

7 (1) modifies, alters, or amends any law or regu8 lation authorizing a Federal agency to manage Fed9 eral land under the jurisdiction of the Federal agen10 cy; 

11 (2) limits the discretion of a Federal land man12 ager to implement an approved land use plan within 

13 the boundaries of a National Heritage Area; or 

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

15 use of Federal land under the jurisdiction of a Fed16 eral agency. 

17 SEC. 2030. PRIVATE PROPERTY AND REGULATORY PROTEC18 TIONS. 

19 Nothing in this subtitle— 

20 (1) abridges the rights of any property owner 

21 (whether public or private), including the right to re22 frain from participating in any plan, project, pro23 gram, or activity conducted within the National Her24 itage Area; 

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1 (2) requires any property owner to permit pub2 lic access (including access by Federal, State, Tribal, 

3 or local agencies) to the property of the property 

4 owner, or to modify public access or use of property 

5 of the property owner under any other Federal, 

6 State, Tribal, or local law; 

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

8 approved land use plan, or other regulatory author9 ity of any Federal, State, Tribal, or local agency, or 

10 conveys any land use or other regulatory authority 

11 to any local coordinating entity, including but not 

12 necessarily limited to development and management 

13 of energy, water, or water-related infrastructure; 

14 (4) authorizes or implies the reservation or ap15 propriation of water or water rights; 

16 (5) diminishes the authority of the State to 

17 manage fish and wildlife, including the regulation of 

18 fishing and hunting within the National Heritage 

19 Area; or 

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

21 under any other law, of any private property owner 

22 with respect to any person injured on the private 

23 property. 

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1 SEC. 2031. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject 

3 to subsection (b), there are authorized to be appropriated 

4 to carry out this subtitle not more than $1,000,000 for 

5 any fiscal year. Funds so appropriated shall remain avail6 able until expended. 

7 (b) LIMITATION ON TOTAL AMOUNTS APPRO8 PRIATED.—Not more than $15,000,000 may be appro9 priated to carry out this subtitle. 

10 (c) COST-SHARING REQUIREMENT.—The Federal 

11 share of the total cost of any activity under this subtitle 

12 shall be not more than 50 percent; the non-Federal con13 tribution may be in the form of in-kind contributions of 

14 goods or services fairly valued. 

15 SEC. 2032. USE OF FEDERAL FUNDS FROM OTHER 

16 SOURCES. 

17 Nothing in this subtitle shall preclude the local co18 ordinating entity from using Federal funds available under 

19 other laws for the purposes for which those funds were 

20 authorized. 

21 SEC. 2033. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

22 The authority of the Secretary to provide financial 

23 assistance under this subtitle terminates on the date that 

24 is 15 years after the date of enactment of this subtitle. 

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1 Subtitle C—Muscle Shoals National 

2 Heritage Area 

3 SEC. 2041. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This subtitle may be cited as the 

5 ‘‘Muscle Shoals National Heritage Area Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this subtitle is as follows: 

Sec. 2041. Short title; table of contents. 

Sec. 2042. Purposes. 

Sec. 2043. Definitions. 

Sec. 2044. Designation of Muscle Shoals National Heritage Area. 

Sec. 2045. Management plan. 

Sec. 2046. Evaluation; report. 

Sec. 2047. Local coordinating entity. 

Sec. 2048. Relationship to other Federal agencies. 

Sec. 2049. Private property and regulatory protections. 

Sec. 2050. Authorization of appropriations. 

Sec. 2051. Use of Federal funds from other sources. 

Sec. 2052. Sunset for grants and other assistance. 

8 SEC. 2042. PURPOSES. 

9 The purposes of this subtitle include— 

10 (1) to preserve, support conserve and interpret 

11 the legacy of the region represented by the National 

12 Heritage Area as described in the feasibility study 

13 prepared by the National Park Service; 

14 (2) to promote heritage, cultural and rec15 reational tourism and to develop educational and 

16 cultural programs for visitors and the general public; 

17 (3) to recognize and interpret important events 

18 and geographic locations representing key develop19 ments in the growth of America, including Native 

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1 American, Colonial American, European American, 

2 and African American heritage; 

3 (4) to recognize and interpret how the distinc4 tive geography of the region shaped the development 

5 of settlement, defense, transportation, commerce, 

6 and culture there; 

7 (5) to provide a cooperative management frame8 work to foster a close working relationship with all 

9 levels of government, the private sector, and the 

10 local communities in the region in identifying, pre11 serving, interpreting, and developing the historical, 

12 cultural, scenic, and natural resources of the region 

13 for the educational and inspirational benefit of cur14 rent and future generations; and 

15 (6) to provide appropriate linkages between 

16 units of the National Park System and communities, 

17 governments, and organizations within the National 

18 Heritage Area. 

19 SEC. 2043. DEFINITIONS. 

20 In this subtitle: 

21 (1) NATIONAL HERITAGE AREA.—The term 

22 ‘‘National Heritage Area’’ means the Muscle Shoals 

23 National Heritage Area established in this subtitle. 

24 (2) LOCAL COORDINATING ENTITY.—The term 

25 ‘‘local coordinating entity’’ means the Muscle Shoals 

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1 Regional Center, which is hereby designated by Con2 gress— 

3 (A) to develop, in partnership with others, 

4 the management plan for the National Heritage 

5 Area; and 

6 (B) to act as a catalyst for the implemen7 tation of projects and programs among diverse 

8 partners in the National Heritage Area. 

9 (3) MANAGEMENT PLAN.—The term ‘‘manage10 ment plan’’ means the plan prepared by the local co11 ordinating entity for the National Heritage Area 

12 that specifies actions, policies, strategies, perform13 ance goals, and recommendations to meet the goals 

14 of the National Heritage Area, in accordance with 

15 this subtitle. 

16 (4) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior. 

18 SEC. 2044. DESIGNATION OF MUSCLE SHOALS NATIONAL 

19 HERITAGE AREA. 

20 (a) ESTABLISHMENT.—There is hereby established 

21 the Muscle Shoals National Heritage Area in the State 

22 of Alabama. 

23 (b) BOUNDARIES.— 

24 (1) IN GENERAL.—The National Heritage Area 

25 shall be comprised of the counties of Colbert, Frankmstockstill on PROD1PC66 with BILLS

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1 lin, Lauderdale, Lawrence, Limestone, and Morgan; 

2 including the Wilson Dam; the Handy Home; and 

3 the Helen Keller birthplace. 

4 (2) MAP.—The boundary of the National Herit5 age Area shall be as generally depicted on the map 

6 titled ‘‘Muscle Shoals National Heritage Area’’, 

7 numbered T08/80,000, and dated October 2007. 

8 The map shall be on file and available to the public 

9 in the appropriate offices of the National Park Serv10 ice and the local coordinating entity. 

11 SEC. 2045. MANAGEMENT PLAN. 

12 (a) REQUIREMENTS.—The management plan for the 

13 National Heritage Area shall— 

14 (1) describe comprehensive policies, goals, strat15 egies, and recommendations for telling the story of 

16 the heritage of the area covered by the National 

17 Heritage Area and encouraging long-term resource 

18 protection, enhancement, interpretation, funding, 

19 management, and development of the National Her20 itage Area; 

21 (2) include a description of actions and commit22 ments that Federal, State, Tribal, and local govern23 ments, private organizations, and citizens will take 

24 to protect, enhance, interpret, fund, manage, and de25 velop the natural, historical, cultural, educational, 

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1 scenic, and recreational resources of the National 

2 Heritage Area; 

3 (3) specify existing and potential sources of 

4 funding or economic development strategies to pro5 tect, enhance, interpret, fund, manage, and develop 

6 the National Heritage Area; 

7 (4) include an inventory of the natural, histor8 ical, cultural, educational, scenic, and recreational 

9 resources of the National Heritage Area related to 

10 the national importance and themes of the National 

11 Heritage Area that should be protected, enhanced, 

12 interpreted, managed, funded, and developed; 

13 (5) recommend policies and strategies for re14 source management, including the development of 

15 intergovernmental and interagency agreements to 

16 protect, enhance, interpret, fund, manage, and de17 velop the natural, historical, cultural, educational, 

18 scenic, and recreational resources of the National 

19 Heritage Area; 

20 (6) describe a program for implementation for 

21 the management plan, including— 

22 (A) performance goals; 

23 (B) plans for resource protection, enhance24 ment, interpretation, funding, management, and 

25 development; and 

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1 (C) specific commitments for implementa2 tion that have been made by the local coordi3 nating entity or any Federal, State, Tribal, or 

4 local government agency, organization, busi5 ness, or individual; 

6 (7) include an analysis of, and recommenda7 tions for, means by which Federal, State, Tribal, 

8 and local programs may best be coordinated (includ9 ing the role of the National Park Service and other 

10 Federal agencies associated with the National Herit11 age Area) to further the purposes of this subtitle; 

12 and 

13 (8) include a business plan that— 

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

15 and functions of the local coordinating entity 

16 and of each of the major activities contained in 

17 the management plan; and 

18 (B) provides adequate assurances that the 

19 local coordinating entity has the partnerships 

20 and financial and other resources necessary to 

21 implement the management plan for the Na22 tional Heritage Area. 

23 (b) DEADLINE.— 

24 (1) IN GENERAL.—Not later than 3 years after 

25 the date on which funds are first made available to 

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1 develop the management plan after designation as a 

2 National Heritage Area, the local coordinating entity 

3 shall submit the management plan to the Secretary 

4 for approval. 

5 (2) TERMINATION OF FUNDING.—If the man6 agement plan is not submitted to the Secretary in 

7 accordance with paragraph (1), the local coordi8 nating entity shall not qualify for any additional fi9 nancial assistance under this subtitle until such time 

10 as the management plan is submitted to and ap11 proved by the Secretary. 

12 (c) APPROVAL OF MANAGEMENT PLAN.— 

13 (1) REVIEW.—Not later than 180 days after re14 ceiving the plan, the Secretary shall review and ap15 prove or disapprove the management plan for a Na16 tional Heritage Area on the basis of the criteria es17 tablished under paragraph (3). 

18 (2) CONSULTATION.—The Secretary shall con19 sult with the Governor of each State in which the 

20 National Heritage Area is located before approving 

21 a management plan for the National Heritage Area. 

22 (3) CRITERIA FOR APPROVAL.—In determining 

23 whether to approve a management plan for a Na24 tional Heritage Area, the Secretary shall consider 

25 whether— 

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1 (A) the local coordinating entity represents 

2 the diverse interests of the National Heritage 

3 Area, including Federal, State, Tribal, and local 

4 governments, natural, and historic resource pro5 tection organizations, educational institutions, 

6 businesses, recreational organizations, commu7 nity residents, and private property owners; 

8 (B) the local coordinating entity— 

9 (i) has afforded adequate opportunity 

10 for public and Federal, State, Tribal, and 

11 local governmental involvement (including 

12 through workshops and hearings) in the 

13 preparation of the management plan; and 

14 (ii) provides for at least semiannual 

15 public meetings to ensure adequate imple16 mentation of the management plan; 

17 (C) the resource protection, enhancement, 

18 interpretation, funding, management, and de19 velopment strategies described in the manage20 ment plan, if implemented, would adequately 

21 protect, enhance, interpret, fund, manage, and 

22 develop the natural, historic, cultural, edu23 cational, scenic, and recreational resources of 

24 the National Heritage Area; 

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1 (D) the management plan would not ad2 versely affect any activities authorized on Fed3 eral land under public land laws or land use 

4 plans; 

5 (E) the local coordinating entity has dem6 onstrated the financial capability, in partner7 ship with others, to carry out the plan; 

8 (F) the Secretary has received adequate 

9 assurances from the appropriate State, Tribal, 

10 and local officials whose support is needed to 

11 ensure the effective implementation of the 

12 State, Tribal, and local elements of the manage13 ment plan; and 

14 (G) the management plan demonstrates 

15 partnerships among the local coordinating enti16 ty, Federal, State, Tribal, and local govern17 ments, regional planning organizations, non18 profit organizations, or private sector parties 

19 for implementation of the management plan. 

20 (4) DISAPPROVAL.— 

21 (A) IN GENERAL.—If the Secretary dis22 approves the management plan, the Secretary— 

23 (i) shall advise the local coordinating 

24 entity in writing of the reasons for the dis25 approval; and 

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1 (ii) may make recommendations to the 

2 local coordinating entity for revisions to 

3 the management plan. 

4 (B) DEADLINE.—Not later than 180 days 

5 after receiving a revised management plan, the 

6 Secretary shall approve or disapprove the re7 vised management plan. 

8 (5) AMENDMENTS.— 

9 (A) IN GENERAL.—An amendment to the 

10 management plan that substantially alters the 

11 purposes of the National Heritage Area shall be 

12 reviewed by the Secretary and approved or dis13 approved in the same manner as the original 

14 management plan. 

15 (B) IMPLEMENTATION.—The local coordi16 nating entity shall not use Federal funds au17 thorized by this subtitle to implement an 

18 amendment to the management plan until the 

19 Secretary approves the amendment. 

20 (6) AUTHORITIES.—The Secretary may— 

21 (A) provide technical assistance under the 

22 authority of this subtitle for the development 

23 and implementation of the management plan; 

24 and 

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1 (B) enter into cooperative agreements with 

2 interested parties to carry out this subtitle. 

3 SEC. 2046. EVALUATION; REPORT. 

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

5 date on which authority for Federal funding terminates 

6 for the National Heritage Area under this subtitle, the 

7 Secretary shall— 

8 (1) conduct an evaluation of the accomplish9 ments of the National Heritage Area; and 

10 (2) prepare a report in accordance with sub11 section (c). 

12 (b) EVALUATION.—An evaluation conducted under 

13 subsection (a)(1) shall— 

14 (1) assess the progress of the local coordinating 

15 entity with respect to— 

16 (A) accomplishing the purposes of the au17 thorizing legislation for the National Heritage 

18 Area; and 

19 (B) achieving the goals and objectives of 

20 the approved management plan for the National 

21 Heritage Area; 

22 (2) analyze the Federal, State, Tribal, and 

23 local, and private investments in the National Herit24 age Area to determine the impact of the invest25 ments; and 

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1 (3) review the management structure, partner2 ship relationships, and funding of the National Her3 itage Area for purposes of identifying the critical 

4 components for sustainability of the National Herit5 age Area. 

6 (c) REPORT.—Based on the evaluation conducted 

7 under subsection (a)(1), the Secretary shall submit a re8 port to the Committee on Natural Resources of the United 

9 States House of Representatives and the Committee on 

10 Energy and Natural Resources of the United States Sen11 ate. The report shall include recommendations for the fu12 ture role of the National Park Service, if any, with respect 

13 to the National Heritage Area. 

14 SEC. 2047. LOCAL COORDINATING ENTITY. 

15 (a) DUTIES.—To further the purposes of the Na16 tional Heritage Area, the Muscle Shoals Regional Center, 

17 as the local coordinating entity, shall— 

18 (1) prepare a management plan for the Na19 tional Heritage Area, and submit the management 

20 plan to the Secretary, in accordance with this sub21 title; 

22 (2) submit an annual report to the Secretary 

23 for each fiscal year for which the local coordinating 

24 entity receives Federal funds under this subtitle, 

25 specifying— 

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1 (A) the specific performance goals and ac2 complishments of the local coordinating entity; 

3 (B) the expenses and income of the local 

4 coordinating entity; 

5 (C) the amounts and sources of matching 

6 funds; 

7 (D) the amounts leveraged with Federal 

8 funds and sources of the leveraging; and 

9 (E) grants made to any other entities dur10 ing the fiscal year; 

11 (3) make available for audit for each fiscal year 

12 for which the local coordinating entity receives Fed13 eral funds under this subtitle, all information per14 taining to the expenditure of the funds and any 

15 matching funds; and 

16 (4) encourage economic viability and sustain17 ability that is consistent with the purposes of the 

18 National Heritage Area. 

19 (b) AUTHORITIES.—For the purposes of preparing 

20 and implementing the approved management plan for the 

21 National Heritage Area, the local coordinating entity may 

22 use Federal funds made available under this subtitle to— 

23 (1) make grants to political jurisdictions, non24 profit organizations, and other parties within the 

25 National Heritage Area; 

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1 (2) enter into cooperative agreements with or 

2 provide technical assistance to political jurisdictions, 

3 nonprofit organizations, Federal agencies, and other 

4 interested parties; 

5 (3) hire and compensate staff, including individ6 uals with expertise in— 

7 (A) natural, historical, cultural, edu8 cational, scenic, and recreational resource con9 servation; 

10 (B) economic and community development; 

11 and 

12 (C) heritage planning; 

13 (4) obtain funds or services from any source, 

14 including other Federal programs; 

15 (5) contract for goods or services; and 

16 (6) support activities of partners and any other 

17 activities that further the purposes of the National 

18 Heritage Area and are consistent with the approved 

19 management plan. 

20 (c) PROHIBITION ON ACQUISITION OF REAL PROP21 ERTY.—The local coordinating entity may not use Federal 

22 funds authorized under this subtitle to acquire any inter23 est in real property. 

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1 SEC. 2048. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

2 (a) IN GENERAL.—Nothing in this subtitle affects 

3 the authority of a Federal agency to provide technical or 

4 financial assistance under any other law. 

5 (b) CONSULTATION AND COORDINATION.—The head 

6 of any Federal agency planning to conduct activities that 

7 may have an impact on a National Heritage Area is en8 couraged to consult and coordinate the activities with the 

9 Secretary and the local coordinating entity to the max10 imum extent practicable. 

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

12 subtitle— 

13 (1) modifies, alters, or amends any law or regu14 lation authorizing a Federal agency to manage Fed15 eral land under the jurisdiction of the Federal agen16 cy; 

17 (2) limits the discretion of a Federal land man18 ager to implement an approved land use plan within 

19 the boundaries of a National Heritage Area; or 

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

21 use of Federal land under the jurisdiction of a Fed22 eral agency. 

23 SEC. 2049. PRIVATE PROPERTY AND REGULATORY PROTEC24 TIONS. 

25 Nothing in this subtitle— 

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1 (1) abridges the rights of any property owner 

2 (whether public or private), including the right to re3 frain from participating in any plan, project, pro4 gram, or activity conducted within the National Her5 itage Area; 

6 (2) requires any property owner to permit pub7 lic access (including access by Federal, State, Tribal, 

8 or local agencies) to the property of the property 

9 owner, or to modify public access or use of property 

10 of the property owner under any other Federal, 

11 State, Tribal, or local law; 

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

13 approved land use plan, or other regulatory author14 ity of any Federal, State, Tribal, or local agency, or 

15 conveys any land use or other regulatory authority 

16 to any local coordinating entity, including but not 

17 necessarily limited to development and management 

18 of energy, water, or water-related infrastructure; 

19 (4) authorizes or implies the reservation or ap20 propriation of water or water rights; 

21 (5) diminishes the authority of the State to 

22 manage fish and wildlife, including the regulation of 

23 fishing and hunting within the National Heritage 

24 Area; or 

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

2 under any other law, of any private property owner 

3 with respect to any person injured on the private 

4 property. 

5 SEC. 2050. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject 

7 to subsection (b), there are authorized to be appropriated 

8 to carry out this subtitle not more than $1,000,000 for 

9 any fiscal year. Funds so appropriated shall remain avail10 able until expended. 

11 (b) LIMITATION ON TOTAL AMOUNTS APPRO12 PRIATED.—Not more than $15,000,000 may be appro13 priated to carry out this subtitle. 

14 (c) COST-SHARING REQUIREMENT.—The Federal 

15 share of the total cost of any activity under this subtitle 

16 shall be not more than 50 percent; the non-Federal con17 tribution may be in the form of in-kind contributions of 

18 goods or services fairly valued. 

19 SEC. 2051. USE OF FEDERAL FUNDS FROM OTHER 

20 SOURCES. 

21 Nothing in this subtitle shall preclude the local co22 ordinating entity from using Federal funds available under 

23 other laws for the purposes for which those funds were 

24 authorized. 

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1 SEC. 2052. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

2 The authority of the Secretary to provide financial 

3 assistance under this subtitle terminates on the date that 

4 is 15 years after the date of enactment of this subtitle. 

5 Subtitle D—Freedom’s Way 

6 National Heritage Area 

7 SEC. 2061. SHORT TITLE; TABLE OF CONTENTS. 

8 (a) SHORT TITLE.—This subtitle may be cited as the 

9 ‘‘Freedom’s Way National Heritage Area Act’’. 

10 (b) TABLE OF CONTENTS.—The table of contents of 

11 this subtitle is as follows: 

Sec. 2061. Short title; table of contents. 

Sec. 2062. Purposes. 

Sec. 2063. Definitions. 

Sec. 2064. Designation of Freedom’s Way National Heritage Area. 

Sec. 2065. Management plan. 

Sec. 2066. Evaluation; report. 

Sec. 2067. Local coordinating entity. 

Sec. 2068. Relationship to other Federal agencies. 

Sec. 2069. Private property and regulatory protections. 

Sec. 2070. Authorization of appropriations. 

Sec. 2071. Use of Federal funds from other sources. 

Sec. 2072. Sunset for grants and other assistance. 

12 SEC. 2062. PURPOSES. 

13 (a) The purposes of this subtitle include— 

14 (1) to recognize the significant natural and cul15 tural legacies of the area, as demonstrated in the 

16 study entitled ‘‘Freedom’s Way Heritage Area Fea17 sibility Study’’ dated July 1997 and the addendum 

18 dated March 2003; 

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1 (2) to promote heritage, cultural and rec2 reational tourism and to develop educational and 

3 cultural programs for visitors and the general public; 

4 (3) to foster a close working relationship be5 tween the Secretary and all levels of government, the 

6 private sector, and local communities in the Com7 monwealth of Massachusetts and the State of New 

8 Hampshire in order to preserve the special historic 

9 identity of the National Heritage Area; 

10 (4) to manage, preserve, protect and interpret 

11 the cultural, historical, and natural resources of the 

12 National Heritage Area for the educational and in13 spirational benefit of future generations; and 

14 (5) to provide appropriate linkages between 

15 units of the National Park System and communities, 

16 governments, and organizations within the National 

17 Heritage Area. 

18 SEC. 2063. DEFINITIONS. 

19 In this subtitle: 

20 (1) NATIONAL HERITAGE AREA.—The term 

21 ‘‘National Heritage Area’’ means the Freedom’s 

22 Way National Heritage Area established in this sub23 title. 

24 (2) LOCAL COORDINATING ENTITY.—The term 

25 ‘‘local coordinating entity’’ means the Freedom’s 

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1 Way Heritage Association, Inc., which is hereby des2 ignated by Congress— 

3 (A) to develop, in partnership with others, 

4 the management plan for the National Heritage 

5 Area; and 

6 (B) to act as a catalyst for the implemen7 tation of projects and programs among diverse 

8 partners in the National Heritage Area. 

9 (3) MANAGEMENT PLAN.—The term ‘‘manage10 ment plan’’ means the plan prepared by the local co11 ordinating entity for the National Heritage Area 

12 that specifies actions, policies, strategies, perform13 ance goals, and recommendations to meet the goals 

14 of the National Heritage Area, in accordance with 

15 this subtitle. 

16 (4) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior. 

18 SEC. 2064. DESIGNATION OF FREEDOM’S WAY NATIONAL 

19 HERITAGE AREA. 

20 (a) ESTABLISHMENT.—There is hereby established 

21 the Freedom’s Way National Heritage Area. 

22 (b) BOUNDARIES.— 

23 (1) IN GENERAL.—The National Heritage Area 

24 shall include the following communities in the Com25 monwealth of Massachusetts: Winchendon, 

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1 Ashburnham, Ashby, Gardner, Fitchburg, West2 minster, Princeton, Sterling, Leominster, Townsend, 

3 Pepperell, Lunenburg, Shirley, Lancaster, Clinton, 

4 Bolton, Harvard, Ayer, Groton, Dunstable, 

5 Westford, Littleton, Boxborough, Stow, Hudson, 

6 Maynard, Sudbury, Concord, Carlisle, Acton, Bed7 ford, Lincoln, Lexington, Woburn, Arlington, Med8 ford, and Malden. Additionally it shall include the 

9 following communities in the State of New Hamp10 shire: New Ipswich, Greenville, Mason, Brookline, 

11 Milford, Amherst, Hollis, and Nashua. 

12 (2) MAP.—The boundaries of the National Her13 itage area shall be as generally depicted on the map 

14 titled ‘‘Freedom’s Way National Heritage Area’’, 

15 numbered T04/80,000, and dated July 2007. The 

16 map shall be on file and available to the public in 

17 the appropriate offices of the National Park Service 

18 and the local coordinating entity. 

19 SEC. 2065. MANAGEMENT PLAN. 

20 (a) REQUIREMENTS.—The management plan for the 

21 National Heritage Area shall— 

22 (1) describe comprehensive policies, goals, strat23 egies, and recommendations for telling the story of 

24 the heritage of the area covered by the National 

25 Heritage Area and encouraging long-term resource 

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1 protection, enhancement, interpretation, funding, 

2 management, and development of the National Her3 itage Area; 

4 (2) include a description of actions and commit5 ments that Federal, State, Tribal, and local govern6 ments, private organizations, and citizens will take 

7 to protect, enhance, interpret, fund, manage, and de8 velop the natural, historical, cultural, educational, 

9 scenic, and recreational resources of the National 

10 Heritage Area; 

11 (3) specify existing and potential sources of 

12 funding or economic development strategies to pro13 tect, enhance, interpret, fund, manage, and develop 

14 the National Heritage Area; 

15 (4) include an inventory of the natural, histor16 ical, cultural, educational, scenic, and recreational 

17 resources of the National Heritage Area related to 

18 the national importance and themes of the National 

19 Heritage Area that should be protected, enhanced, 

20 interpreted, managed, funded, and developed; 

21 (5) recommend policies and strategies for re22 source management, including the development of 

23 intergovernmental and interagency agreements to 

24 protect, enhance, interpret, fund, manage, and de25 velop the natural, historical, cultural, educational, 

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1 scenic, and recreational resources of the National 

2 Heritage Area; 

3 (6) describe a program for implementation for 

4 the management plan, including— 

5 (A) performance goals; 

6 (B) plans for resource protection, enhance7 ment, interpretation, funding, management, and 

8 development; and 

9 (C) specific commitments for implementa10 tion that have been made by the local coordi11 nating entity or any Federal, State, Tribal, or 

12 local government agency, organization, busi13 ness, or individual; 

14 (7) include an analysis of, and recommenda15 tions for, means by which Federal, State, Tribal, 

16 and local programs may best be coordinated (includ17 ing the role of the National Park Service and other 

18 Federal agencies associated with the National Herit19 age Area) to further the purposes of this subtitle; 

20 and 

21 (8) include a business plan that— 

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

23 and functions of the local coordinating entity 

24 and of each of the major activities contained in 

25 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 for the Na5 tional Heritage Area. 

6 (b) DEADLINE.— 

7 (1) IN GENERAL.—Not later than 3 years after 

8 the date on which funds are first made available to 

9 develop the management plan after designation as a 

10 National Heritage Area, the local coordinating entity 

11 shall submit the management plan to the Secretary 

12 for approval. 

13 (2) TERMINATION OF FUNDING.—If the man14 agement plan is not submitted to the Secretary in 

15 accordance with paragraph (1), the local coordi16 nating entity shall not qualify for any additional fi17 nancial assistance under this subtitle until such time 

18 as the management plan is submitted to and ap19 proved by the Secretary. 

20 (c) APPROVAL OF MANAGEMENT PLAN.— 

21 (1) REVIEW.—Not later than 180 days after re22 ceiving the plan, the Secretary shall review and ap23 prove or disapprove the management plan for the 

24 National Heritage Area on the basis of the criteria 

25 established under paragraph (3). 

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1 (2) CONSULTATION.—The Secretary shall con2 sult with the Governor of each State or Common3 wealth in which the National Heritage Area is lo4 cated before approving a management plan for the 

5 National Heritage Area. 

6 (3) CRITERIA FOR APPROVAL.—In determining 

7 whether to approve a management plan for a Na8 tional Heritage Area, the Secretary shall consider 

9 whether— 

10 (A) the local coordinating entity represents 

11 the diverse interests of the National Heritage 

12 Area, including Federal, State, Tribal, and local 

13 governments, natural and historic resource pro14 tection organizations, educational institutions, 

15 businesses, recreational organizations, commu16 nity residents, and private property owners; 

17 (B) the local coordinating entity— 

18 (i) has afforded adequate opportunity 

19 for public and Federal, State, Tribal, and 

20 local governmental involvement (including 

21 through workshops and hearings) in the 

22 preparation of the management plan; and 

23 (ii) provides for at least semiannual 

24 public meetings to ensure adequate imple25 mentation of the management plan; 

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1 (C) the resource protection, enhancement, 

2 interpretation, funding, management, and de3 velopment strategies described in the manage4 ment plan, if implemented, would adequately 

5 protect, enhance, interpret, fund, manage, and 

6 develop the natural, historic, cultural, edu7 cational, scenic, and recreational resources of 

8 the National Heritage Area; 

9 (D) the management plan would not ad10 versely affect any activities authorized on Fed11 eral land under public land laws or land use 

12 plans; 

13 (E) the local coordinating entity has dem14 onstrated the financial capability, in partner15 ship with others, to carry out the plan; 

16 (F) the Secretary has received adequate 

17 assurances from the appropriate State, Tribal, 

18 and local officials whose support is needed to 

19 ensure the effective implementation of the 

20 State, Tribal, and local elements of the manage21 ment plan; and 

22 (G) the management plan demonstrates 

23 partnerships among the local coordinating enti24 ty, Federal, State, Tribal, and local govern25 ments, regional planning organizations, nonmstockstill on PROD1PC66 with BILLS

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1 profit organizations, or private sector parties 

2 for implementation of the management plan. 

3 (4) DISAPPROVAL.— 

4 (A) IN GENERAL.—If the Secretary dis5 approves the management plan, the Secretary— 

6 (i) shall advise the local coordinating 

7 entity in writing of the reasons for the dis8 approval; and 

9 (ii) may make recommendations to the 

10 local coordinating entity for revisions to 

11 the management plan. 

12 (B) DEADLINE.—Not later than 180 days 

13 after receiving a revised management plan, the 

14 Secretary shall approve or disapprove the re15 vised management plan. 

16 (5) AMENDMENTS.— 

17 (A) IN GENERAL.—An amendment to the 

18 management plan that substantially alters the 

19 purposes of the National Heritage Area shall be 

20 reviewed by the Secretary and approved or dis21 approved in the same manner as the original 

22 management plan. 

23 (B) IMPLEMENTATION.—The local coordi24 nating entity shall not use Federal funds au25 thorized by this subtitle to implement an 

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1 amendment to the management plan until the 

2 Secretary approves the amendment. 

3 (6) AUTHORITIES.—The Secretary may— 

4 (A) provide technical assistance under the 

5 authority of this subtitle for the development 

6 and implementation of the management plan; 

7 and 

8 (B) enter into cooperative agreements with 

9 interested parties to carry out this subtitle. 

10 SEC. 2066. EVALUATION; REPORT. 

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

12 date on which authority for Federal funding terminates 

13 for the National Heritage Area under this subtitle, the 

14 Secretary shall— 

15 (1) conduct an evaluation of the accomplish16 ments of the National Heritage Area; and 

17 (2) prepare a report in accordance with sub18 section (c). 

19 (b) EVALUATION.—An evaluation conducted under 

20 subsection (a)(1) shall— 

21 (1) assess the progress of the local coordinating 

22 entity with respect to— 

23 (A) accomplishing the purposes of the au24 thorizing legislation for the National Heritage 

25 Area; and 

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1 (B) achieving the goals and objectives of 

2 the approved management plan for the National 

3 Heritage Area; 

4 (2) analyze the Federal, State, Tribal, and 

5 local, and private investments in the National Herit6 age Area to determine the impact of the invest7 ments; and 

8 (3) review the management structure, partner9 ship relationships, and funding of the National Her10 itage Area for purposes of identifying the critical 

11 components for sustainability of the National Herit12 age Area. 

13 (c) REPORT.—Based on the evaluation conducted 

14 under subsection (a)(1), the Secretary shall submit a re15 port to the Committee on Natural Resources of the United 

16 States House of Representatives and the Committee on 

17 Energy and Natural Resources of the United States Sen18 ate. The report shall include recommendations for the fu19 ture role of the National Park Service, if any, with respect 

20 to the National Heritage Area. 

21 SEC. 2067. LOCAL COORDINATING ENTITY. 

22 (a) DUTIES.—To further the purposes of the Na23 tional Heritage Area, the Freedom’s Way Heritage Asso24 ciation, Inc., as the local coordinating entity, shall— 

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1 (1) prepare a management plan for the Na2 tional Heritage Area, and submit the management 

3 plan to the Secretary, in accordance with this sub4 title; 

5 (2) submit an annual report to the Secretary 

6 for each fiscal year for which the local coordinating 

7 entity receives Federal funds under this subtitle, 

8 specifying— 

9 (A) the specific performance goals and ac10 complishments of the local coordinating entity; 

11 (B) the expenses and income of the local 

12 coordinating entity; 

13 (C) the amounts and sources of matching 

14 funds; 

15 (D) the amounts leveraged with Federal 

16 funds and sources of the leveraging; and 

17 (E) grants made to any other entities dur18 ing the fiscal year; 

19 (3) make available for audit for each fiscal year 

20 for which the local coordinating entity receives Fed21 eral funds under this subtitle, all information per22 taining to the expenditure of the funds and any 

23 matching funds; and 

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1 (4) encourage economic viability and sustain2 ability that is consistent with the purposes of the 

3 National Heritage Area. 

4 (b) AUTHORITIES.—For the purposes of preparing 

5 and implementing the approved management plan for the 

6 National Heritage Area, the local coordinating entity may 

7 use Federal funds made available under this subtitle to— 

8 (1) make grants to political jurisdictions, non9 profit organizations, and other parties within the 

10 National Heritage Area; 

11 (2) enter into cooperative agreements with or 

12 provide technical assistance to political jurisdictions, 

13 nonprofit organizations, Federal agencies, and other 

14 interested parties; 

15 (3) hire and compensate staff, including individ16 uals with expertise in— 

17 (A) natural, historical, cultural, edu18 cational, scenic, and recreational resource con19 servation; 

20 (B) economic and community development; 

21 and 

22 (C) heritage planning; 

23 (4) obtain funds or services from any source, 

24 including other Federal programs; 

25 (5) contract for goods or services; and 

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1 (6) support activities of partners and any other 

2 activities that further the purposes of the National 

3 Heritage Area and are consistent with the approved 

4 management plan. 

5 (c) PROHIBITION ON ACQUISITION OF REAL PROP6 ERTY.—The local coordinating entity may not use Federal 

7 funds authorized under this subtitle to acquire any inter8 est in real property. 

9 SEC. 2068. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

10 (a) IN GENERAL.—Nothing in this subtitle affects 

11 the authority of a Federal agency to provide technical or 

12 financial assistance under any other law. 

13 (b) CONSULTATION AND COORDINATION.—The head 

14 of any Federal agency planning to conduct activities that 

15 may have an impact on a National Heritage Area is en16 couraged to consult and coordinate the activities with the 

17 Secretary and the local coordinating entity to the max18 imum extent practicable. 

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

20 subtitle— 

21 (1) modifies, alters, or amends any law or regu22 lation authorizing a Federal agency to manage Fed23 eral land under the jurisdiction of the Federal agen24 cy; 

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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 a National 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. 2069. PRIVATE PROPERTY AND REGULATORY PROTEC8 TIONS. 

9 Nothing in this subtitle— 

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 National Her14 itage Area; 

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

17 or local agencies) to the property of the property 

18 owner, or to modify public access or use of property 

19 of the property owner under any other Federal, 

20 State, Tribal, or local law; 

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

22 approved land use plan, or other regulatory author23 ity of any Federal, State, Tribal, or local agency, or 

24 conveys any land use or other regulatory authority 

25 to any local coordinating entity, including but not 

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1 necessarily limited to development and management 

2 of energy, water, or water-related infrastructure; 

3 (4) authorizes or implies the reservation or ap4 propriation of water or water rights; 

5 (5) diminishes the authority of the State to 

6 manage fish and wildlife, including the regulation of 

7 fishing and hunting within the National Heritage 

8 Area; or 

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

10 under any other law, of any private property owner 

11 with respect to any person injured on the private 

12 property. 

13 SEC. 2070. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject 

15 to subsection (b), there are authorized to be appropriated 

16 to carry out this subtitle not more than $1,000,000 for 

17 any fiscal year. Funds so appropriated shall remain avail18 able until expended. 

19 (b) LIMITATION ON TOTAL AMOUNTS APPRO20 PRIATED.—Not more than $15,000,000 may be appro21 priated to carry out this subtitle. 

22 (c) COST-SHARING REQUIREMENT.—The Federal 

23 share of the total cost of any activity under this subtitle 

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1 tribution may be in the form of in-kind contributions of 

2 goods or services fairly valued. 

3 SEC. 2071. USE OF FEDERAL FUNDS FROM OTHER 

4 SOURCES. 

5 Nothing in this subtitle shall preclude the local co6 ordinating entity from using Federal funds available under 

7 Acts other than this subtitle for the purposes for which 

8 those funds were authorized. 

9 SEC. 2072. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

10 The authority of the Secretary to provide financial 

11 assistance under this subtitle terminates on the date that 

12 is 15 years after the date of enactment of this subtitle. 

13 Subtitle E—Abraham Lincoln 

14 National Heritage Area 

15 SEC. 2081. SHORT TITLE; TABLE OF CONTENTS. 

16 (a) SHORT TITLE.—This subtitle may be cited as the 

17 ‘‘Abraham Lincoln National Heritage Area Act’’. 

18 (b) TABLE OF CONTENTS.—The table of contents of 

19 this subtitle is as follows: 

Sec. 2081. Short title; table of contents. 

Sec. 2082. Purposes. 

Sec. 2083. Definitions. 

Sec. 2084. Designation of Abraham Lincoln National Heritage Area. 

Sec. 2085. Management plan. 

Sec. 2086. Evaluation; report. 

Sec. 2087. Local coordinating entity. 

Sec. 2088. Relationship to other Federal agencies. 

Sec. 2089. Private property and regulatory protections. 

Sec. 2090. Authorization of appropriations. 

Sec. 2091. Use of Federal funds from other sources. 

Sec. 2092. Sunset for grants and other assistance. 

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1 SEC. 2082. PURPOSES. 

2 (a) The purposes of this subtitle include— 

3 (1) to recognize the significant natural and cul4 tural legacies of the area, as demonstrated in the 

5 study entitled ‘‘Feasibility Study of the Proposed 

6 Abraham Lincoln National Heritage Area’’ prepared 

7 for the Looking for Lincoln Heritage Coalition in 

8 2002 and revised in 2007; 

9 (2) to promote heritage, cultural and rec10 reational tourism and to develop educational and 

11 cultural programs for visitors and the general public; 

12 (3) to recognize and interpret important events 

13 and geographic locations representing key periods in 

14 the growth of America, including Native American, 

15 Colonial American, European American, and African 

16 American heritage; 

17 (4) to recognize and interpret the distinctive 

18 role the region played in shaping the man who would 

19 become the 16th President of the United States, and 

20 how Abraham Lincoln’s life left its traces in the sto21 ries, folklore, buildings, streetscapes, and landscapes 

22 of the region; 

23 (5) to provide a cooperative management frame24 work to foster a close working relationship with all 

25 levels of government, the private sector, and the 

26 local communities in the region in identifying, premstockstill on PROD1PC66 with BILLS

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1 serving, interpreting, and developing the historical, 

2 cultural, scenic, and natural resources of the region 

3 for the educational and inspirational benefit of cur4 rent and future generations; and 

5 (6) to provide appropriate linkages between 

6 units of the National Park System and communities, 

7 governments, and organizations within the Heritage 

8 Area. 

9 SEC. 2083. DEFINITIONS. 

10 In this subtitle: 

11 (1) NATIONAL HERITAGE AREA.—The term 

12 ‘‘National Heritage Area’’ means the Abraham Lin13 coln National Heritage Area established in this sub14 title. 

15 (2) LOCAL COORDINATING ENTITY.—The term 

16 ‘‘local coordinating entity’’ means the Looking for 

17 Lincoln Heritage Coalition, which is hereby des18 ignated by Congress— 

19 (A) to develop, in partnership with others, 

20 the management plan for the National Heritage 

21 Area; and 

22 (B) to act as a catalyst for the implemen23 tation of projects and programs among diverse 

24 partners in the National Heritage Area. 

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1 (3) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the plan prepared by the local co3 ordinating entity for the National Heritage Area 

4 that specifies actions, policies, strategies, perform5 ance goals, and recommendations to meet the goals 

6 of the National Heritage Area, in accordance with 

7 this subtitle. 

8 (4) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 SEC. 2084. DESIGNATION OF ABRAHAM LINCOLN NATIONAL 

11 HERITAGE AREA. 

12 (a) ESTABLISHMENT.—There is hereby established 

13 the Abraham Lincoln National Heritage Area. 

14 (b) BOUNDARIES.— 

15 (1) IN GENERAL.—The National Heritage Area 

16 shall consist of sites as designated by the manage17 ment plan within a core area located in Central Illi18 nois, consisting of Adams, Brown, Calhoun, Cass, 

19 Champaign, Christian, Clark, Coles, Cumberland, 

20 Dewitt, Douglas, Edgar, Fayette, Fulton, Greene, 

21 Hancock, Henderson, Jersey, Knox, LaSalle, Logan, 

22 Macon, Macoupin, Madison, Mason, McDonough, 

23 McLean, Menard, Montgomery, Morgan, Moultrie, 

24 Peoria, Piatt, Pike, Sangamon, Schuyler, Scott, 

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1 Shelby, Tazwell, Vermillion, Warren and Woodford 

2 counties. 

3 (2) MAP.—The boundaries of the National Her4 itage Area shall be as generally depicted on the map 

5 titled ‘‘Proposed Abraham Lincoln National Herit6 age Area’’, and numbered 338/80,000, and dated 

7 July 2007. The map shall be on file and available 

8 to the public in the appropriate offices of the Na9 tional Park Service and the local coordinating entity. 

10 SEC. 2085. MANAGEMENT PLAN. 

11 (a) REQUIREMENTS.—The management plan for the 

12 National Heritage Area shall— 

13 (1) describe comprehensive policies, goals, strat14 egies, and recommendations for telling the story of 

15 the heritage of the area covered by the National 

16 Heritage Area and encouraging long-term resource 

17 protection, enhancement, interpretation, funding, 

18 management, and development of the National Her19 itage Area; 

20 (2) include a description of actions and commit21 ments that Federal, State, Tribal, and local govern22 ments, private organizations, and citizens will take 

23 to protect, enhance, interpret, fund, manage, and de24 velop the natural, historical, cultural, educational, 

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1 scenic, and recreational resources of the National 

2 Heritage Area; 

3 (3) specify existing and potential sources of 

4 funding or economic development strategies to pro5 tect, enhance, interpret, fund, manage, and develop 

6 the National Heritage Area; 

7 (4) include an inventory of the natural, histor8 ical, cultural, educational, scenic, and recreational 

9 resources of the National Heritage Area related to 

10 the national importance and themes of the National 

11 Heritage Area that should be protected, enhanced, 

12 interpreted, managed, funded, and developed; 

13 (5) recommend policies and strategies for re14 source management, including the development of 

15 intergovernmental and interagency agreements to 

16 protect, enhance, interpret, fund, manage, and de17 velop the natural, historical, cultural, educational, 

18 scenic, and recreational resources of the National 

19 Heritage Area; 

20 (6) describe a program for implementation for 

21 the management plan, including— 

22 (A) performance goals; 

23 (B) plans for resource protection, enhance24 ment, interpretation, funding, management, and 

25 development; and 

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1 (C) specific commitments for implementa2 tion that have been made by the local coordi3 nating entity or any Federal, State, Tribal, or 

4 local government agency, organization, busi5 ness, or individual; 

6 (7) include an analysis of, and recommenda7 tions for, means by which Federal, State, Tribal, 

8 and local programs may best be coordinated (includ9 ing the role of the National Park Service and other 

10 Federal agencies associated with the National Herit11 age Area) to further the purposes of this subtitle; 

12 and 

13 (8) include a business plan that— 

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

15 and functions of the local coordinating entity 

16 and of each of the major activities contained in 

17 the management plan; and 

18 (B) provides adequate assurances that the 

19 local coordinating entity has the partnerships 

20 and financial and other resources necessary to 

21 implement the management plan for the Na22 tional Heritage Area. 

23 (b) DEADLINE.— 

24 (1) IN GENERAL.—Not later than 3 years after 

25 the date on which funds are first made available to 

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1 develop the management plan after designation as a 

2 National Heritage Area, the local coordinating entity 

3 shall submit the management plan to the Secretary 

4 for approval. 

5 (2) TERMINATION OF FUNDING.—If the man6 agement plan is not submitted to the Secretary in 

7 accordance with paragraph (1), the local coordi8 nating entity shall not qualify for any additional fi9 nancial assistance under this subtitle until such time 

10 as the management plan is submitted to and ap11 proved by the Secretary. 

12 (c) APPROVAL OF MANAGEMENT PLAN.— 

13 (1) REVIEW.—Not later than 180 days after re14 ceiving the plan, the Secretary shall review and ap15 prove or disapprove the management plan for a Na16 tional Heritage Area on the basis of the criteria es17 tablished under paragraph (3). 

18 (2) CONSULTATION.—The Secretary shall con19 sult with the Governor of each State in which the 

20 National Heritage Area is located before approving 

21 a management plan for the National Heritage Area. 

22 (3) CRITERIA FOR APPROVAL.—In determining 

23 whether to approve a management plan for a Na24 tional Heritage Area, the Secretary shall consider 

25 whether— 

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1 (A) the local coordinating entity represents 

2 the diverse interests of the National Heritage 

3 Area, including Federal, State, Tribal, and local 

4 governments, natural, and historic resource pro5 tection organizations, educational institutions, 

6 businesses, recreational organizations, commu7 nity residents, and private property owners; 

8 (B) the local coordinating entity— 

9 (i) has afforded adequate opportunity 

10 for public and Federal, State, Tribal, and 

11 local governmental involvement (including 

12 through workshops and hearings) in the 

13 preparation of the management plan; and 

14 (ii) provides for at least semiannual 

15 public meetings to ensure adequate imple16 mentation of the management plan; 

17 (C) the resource protection, enhancement, 

18 interpretation, funding, management, and de19 velopment strategies described in the manage20 ment plan, if implemented, would adequately 

21 protect, enhance, interpret, fund, manage, and 

22 develop the natural, historic, cultural, edu23 cational, scenic, and recreational resources of 

24 the National Heritage Area; 

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1 (D) the management plan would not ad2 versely affect any activities authorized on Fed3 eral land under public land laws or land use 

4 plans; 

5 (E) the local coordinating entity has dem6 onstrated the financial capability, in partner7 ship with others, to carry out the plan; 

8 (F) the Secretary has received adequate 

9 assurances from the appropriate State, Tribal, 

10 and local officials whose support is needed to 

11 ensure the effective implementation of the 

12 State, Tribal, and local elements of the manage13 ment plan; and 

14 (G) the management plan demonstrates 

15 partnerships among the local coordinating enti16 ty, Federal, State, Tribal, and local govern17 ments, regional planning organizations, non18 profit organizations, or private sector parties 

19 for implementation of the management plan. 

20 (4) DISAPPROVAL.— 

21 (A) IN GENERAL.—If the Secretary dis22 approves the management plan, the Secretary— 

23 (i) shall advise the local coordinating 

24 entity in writing of the reasons for the dis25 approval; and 

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1 (ii) may make recommendations to the 

2 local coordinating entity for revisions to 

3 the management plan. 

4 (B) DEADLINE.—Not later than 180 days 

5 after receiving a revised management plan, the 

6 Secretary shall approve or disapprove the re7 vised management plan. 

8 (5) AMENDMENTS.— 

9 (A) IN GENERAL.—An amendment to the 

10 management plan that substantially alters the 

11 purposes of the National Heritage Area shall be 

12 reviewed by the Secretary and approved or dis13 approved in the same manner as the original 

14 management plan. 

15 (B) IMPLEMENTATION.—The local coordi16 nating entity shall not use Federal funds au17 thorized by this subtitle to implement an 

18 amendment to the management plan until the 

19 Secretary approves the amendment. 

20 (6) AUTHORITIES.—The Secretary may— 

21 (A) provide technical assistance under the 

22 authority of this subtitle for the development 

23 and implementation of the management plan; 

24 and 

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1 (B) enter into cooperative agreements with 

2 interested parties to carry out this subtitle. 

3 SEC. 2086. EVALUATION; REPORT. 

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

5 date on which authority for Federal funding terminates 

6 for the National Heritage Area under this subtitle, the 

7 Secretary shall— 

8 (1) conduct an evaluation of the accomplish9 ments of the National Heritage Area; and 

10 (2) prepare a report in accordance with sub11 section (c). 

12 (b) EVALUATION.—An evaluation conducted under 

13 subsection (a)(1) shall— 

14 (1) assess the progress of the local coordinating 

15 entity with respect to— 

16 (A) accomplishing the purposes of the au17 thorizing legislation for the National Heritage 

18 Area; and 

19 (B) achieving the goals and objectives of 

20 the approved management plan for the National 

21 Heritage Area; 

22 (2) analyze the Federal, State, Tribal, and 

23 local, and private investments in the National Herit24 age Area to determine the impact of the invest25 ments; and 

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1 (3) review the management structure, partner2 ship relationships, and funding of the National Her3 itage Area for purposes of identifying the critical 

4 components for sustainability of the National Herit5 age Area. 

6 (c) REPORT.—Based on the evaluation conducted 

7 under subsection (a)(1), the Secretary shall submit a re8 port to the Committee on Natural Resources of the United 

9 States House of Representatives and the Committee on 

10 Energy and Natural Resources of the United States Sen11 ate. The report shall include recommendations for the fu12 ture role of the National Park Service, if any, with respect 

13 to the National Heritage Area. 

14 SEC. 2087. LOCAL COORDINATING ENTITY. 

15 (a) DUTIES.—To further the purposes of the Na16 tional Heritage Area, the Looking for Lincoln Heritage 

17 Coalition, as the local coordinating entity, shall— 

18 (1) prepare a management plan for the Na19 tional Heritage Area, and submit the management 

20 plan to the Secretary, in accordance with this sub21 title; 

22 (2) submit an annual report to the secretary for 

23 each fiscal year for which the local coordinating enti24 ty receives Federal funds under this subtitle, speci25 fying— 

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1 (A) the specific performance goals and ac2 complishments of the local coordinating entity; 

3 (B) the expenses and income of the local 

4 coordinating entity; 

5 (C) the amounts and sources of matching 

6 funds; 

7 (D) the amounts leveraged with Federal 

8 funds and sources of the leveraging; and 

9 (E) grants made to any other entities dur10 ing the fiscal year; 

11 (3) make available for audit for each fiscal year 

12 for which the local coordinating entity receives Fed13 eral funds under this subtitle, all information per14 taining to the expenditure of the funds and any 

15 matching funds; and 

16 (4) encourage economic viability and sustain17 ability that is consistent with the purposes of the 

18 National Heritage Area. 

19 (b) AUTHORITIES.—For the purposes of preparing 

20 and implementing the approved management plan for the 

21 National Heritage Area, the local coordinating entity may 

22 use Federal funds made available under this subtitle to— 

23 (1) make grants to political jurisdictions, non24 profit organizations, and other parties within the 

25 National Heritage Area; 

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1 (2) enter into cooperative agreements with or 

2 provide technical assistance to political jurisdictions, 

3 nonprofit organizations, Federal agencies, and other 

4 interested parties; 

5 (3) hire and compensate staff, including individ6 uals with expertise in— 

7 (A) natural, historical, cultural, edu8 cational, scenic, and recreational resource con9 servation; 

10 (B) economic and community development; 

11 and 

12 (C) heritage planning; 

13 (4) obtain funds or services from any source, 

14 including other Federal programs; 

15 (5) contract for goods or services; and 

16 (6) support activities of partners and any other 

17 activities that further the purposes of the National 

18 Heritage Area and are consistent with the approved 

19 management plan. 

20 (c) PROHIBITION ON ACQUISITION OF REAL PROP21 ERTY.—The local coordinating entity may not use Federal 

22 funds authorized under this subtitle to acquire any inter23 est in real property. 

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1 SEC. 2088. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

2 (a) IN GENERAL.—Nothing in this subtitle affects 

3 the authority of a Federal agency to provide technical or 

4 financial assistance under any other law. 

5 (b) CONSULTATION AND COORDINATION.—The head 

6 of any Federal agency planning to conduct activities that 

7 may have an impact on a National Heritage Area is en8 couraged to consult and coordinate the activities with the 

9 Secretary and the local coordinating entity to the max10 imum extent practicable. 

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

12 subtitle— 

13 (1) modifies, alters, or amends any law or regu14 lation authorizing a Federal agency to manage Fed15 eral land under the jurisdiction of the Federal agen16 cy; 

17 (2) limits the discretion of a Federal land man18 ager to implement an approved land use plan within 

19 the boundaries of a National Heritage Area; or 

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

21 use of Federal land under the jurisdiction of a Fed22 eral agency. 

23 SEC. 2089. PRIVATE PROPERTY AND REGULATORY PROTEC24 TIONS. 

25 Nothing in this subtitle— 

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1 (1) abridges the rights of any property owner 

2 (whether public or private), including the right to re3 frain from participating in any plan, project, pro4 gram, or activity conducted within the National Her5 itage Area; 

6 (2) requires any property owner to permit pub7 lic access (including access by Federal, State, Tribal, 

8 or local agencies) to the property of the property 

9 owner, or to modify public access or use of property 

10 of the property owner under any other Federal, 

11 State, Tribal, or local law; 

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

13 approved land use plan, or other regulatory author14 ity of any Federal, State, Tribal, or local agency, or 

15 conveys any land use or other regulatory authority 

16 to any local coordinating entity, including but not 

17 necessarily limited to development and management 

18 of energy, water, or water-related infrastructure; 

19 (4) authorizes or implies the reservation or ap20 propriation of water or water rights; 

21 (5) diminishes the authority of the State to 

22 manage fish and wildlife, including the regulation of 

23 fishing and hunting within the National Heritage 

24 Area; or 

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

2 under any other law, of any private property owner 

3 with respect to any person injured on the private 

4 property. 

5 SEC. 2090. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject 

7 to subsection (b), there are authorized to be appropriated 

8 to carry out this subtitle not more than $1,000,000 for 

9 any fiscal year. Funds so appropriated shall remain avail10 able until expended. 

11 (b) LIMITATION ON TOTAL AMOUNTS APPRO12 PRIATED.—Not more than $15,000,000 may be appro13 priated to carry out this subtitle. 

14 (c) COST-SHARING REQUIREMENT.—The Federal 

15 share of the total cost of any activity under this subtitle 

16 shall be not more than 50 percent; the non-Federal con17 tribution may be in the form of in-kind contributions of 

18 goods or services fairly valued. 

19 SEC. 2091. USE OF FEDERAL FUNDS FROM OTHER 

20 SOURCES. 

21 Nothing in this subtitle shall preclude the local co22 ordinating entity from using Federal funds available under 

23 other laws for the purposes for which those funds were 

24 authorized. 

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1 SEC. 2092. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

2 The authority of the Secretary to provide financial 

3 assistance under this subtitle terminates on the date that 

4 is 15 years after the date of the enactment of this subtitle. 

5 Subtitle F—Santa Cruz Valley 

6 National Heritage Area 

7 SEC. 2111. SHORT TITLE; TABLE OF CONTENTS. 

8 (a) SHORT TITLE.—This subtitle may be cited as the 

9 ‘‘Santa Cruz Valley National Heritage Area Act’’. 

10 (b) TABLE OF CONTENTS.—The table of contents of 

11 this subtitle is as follows: 

Sec. 2111. Short title; table of contents. 

Sec. 2112. Purposes. 

Sec. 2113. Definitions. 

Sec. 2114. Designation of Santa Cruz Valley National Heritage Area. 

Sec. 2115. Management plan. 

Sec. 2116. Evaluation; report. 

Sec. 2117. Local coordinating entity. 

Sec. 2118. Relationship to other Federal agencies. 

Sec. 2119. Private property and regulatory protections. 

Sec. 2120. Authorization of appropriations. 

Sec. 2121. Use of Federal funds from other sources. 

Sec. 2122. Sunset for grants and other assistance. 

12 SEC. 2112. PURPOSES. 

13 The purposes of this subtitle include— 

14 (1) to establish the Santa Cruz Valley National 

15 Heritage Area in the State of Arizona; 

16 (2) to implement the recommendations of the 

17 ‘‘Alternative Concepts for Commemorating Spanish 

18 Colonization’’ study completed by the National Park 

19 Service in 1991, and the ‘‘Feasibility Study for the 

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1 pared by the Center for Desert Archaeology in July 

2 2005; 

3 (3) to provide a management framework to fos4 ter a close working relationship with all levels of 

5 government, the private sector, and the local com6 munities in the region and to conserve the region’s 

7 heritage while continuing to pursue compatible eco8 nomic opportunities; 

9 (4) to assist communities, organizations, and 

10 citizens in the State of Arizona in identifying, pre11 serving, interpreting, and developing the historical, 

12 cultural, scenic, and natural resources of the region 

13 for the educational and inspirational benefit of cur14 rent and future generations; and 

15 (5) to provide appropriate linkages between 

16 units of the National Park System and communities, 

17 governments, and organizations within the National 

18 Heritage Area. 

19 SEC. 2113. DEFINITIONS. 

20 In this subtitle: 

21 (1) NATIONAL HERITAGE AREA.—The term 

22 ‘‘National Heritage Area’’ means the Santa Cruz 

23 Valley National Heritage Area established in this 

24 subtitle. 

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1 (2) LOCAL COORDINATING ENTITY.—The term 

2 ‘‘local coordinating entity’’ means the Santa Cruz 

3 Valley Heritage Alliance, Inc., which is hereby des4 ignated by Congress— 

5 (A) to develop, in partnership with others, 

6 the management plan for the National Heritage 

7 Area; and 

8 (B) to act as a catalyst for the implemen9 tation of projects and programs among diverse 

10 partners in the National Heritage Area. 

11 (3) MANAGEMENT PLAN.—The term ‘‘manage12 ment plan’’ means the plan prepared by the local co13 ordinating entity for the National Heritage Area 

14 that specifies actions, policies, strategies, perform15 ance goals, and recommendations to meet the goals 

16 of the National Heritage Area, in accordance with 

17 this subtitle. 

18 (4) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 SEC. 2114. DESIGNATION OF SANTA CRUZ VALLEY NA21 TIONAL HERITAGE AREA. 

22 (a) ESTABLISHMENT.—There is hereby established 

23 the Santa Cruz Valley National Heritage Area. 

24 (b) BOUNDARIES.— 

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1 (1) IN GENERAL.—The National Heritage Area 

2 shall consist of portions of the counties of Santa 

3 Cruz and Pima. 

4 (2) MAP.—The boundaries of the National Her5 itage Area shall be as generally depicted on the map 

6 titled ‘‘Santa Cruz Valley National Heritage Area’’, 

7 and numbered lllllll, and dated 

8 lllllll. The map be on file and available 

9 to the public in the appropriate offices of the Na10 tional Park Service and the local coordinating entity. 

11 SEC. 2115. MANAGEMENT PLAN. 

12 (a) REQUIREMENTS.—The management plan for the 

13 National Heritage Area shall— 

14 (1) describe comprehensive policies, goals, strat15 egies, and recommendations for telling the story of 

16 the heritage of the area covered by the National 

17 Heritage Area and encouraging long-term resource 

18 protection, enhancement, interpretation, funding, 

19 management, and development of the National Her20 itage Area; 

21 (2) include a description of actions and commit22 ments that Federal, State, Tribal, and local govern23 ments, private organizations, and citizens will take 

24 to protect, enhance, interpret, fund, manage, and de25 velop the natural, historical, cultural, educational, 

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1 scenic, and recreational resources of the National 

2 Heritage Area; 

3 (3) specify existing and potential sources of 

4 funding or economic development strategies to pro5 tect, enhance, interpret, fund, manage, and develop 

6 the National Heritage Area; 

7 (4) include an inventory of the natural, histor8 ical, cultural, educational, scenic, and recreational 

9 resources of the National Heritage Area related to 

10 the national importance and themes of the National 

11 Heritage Area that should be protected, enhanced, 

12 interpreted, managed, funded, and developed; 

13 (5) recommend policies and strategies for re14 source management, including the development of 

15 intergovernmental and interagency agreements to 

16 protect, enhance, interpret, fund, manage, and de17 velop the natural, historical, cultural, educational, 

18 scenic, and recreational resources of the National 

19 Heritage Area; 

20 (6) describe a program for implementation for 

21 the management plan, including— 

22 (A) performance goals; 

23 (B) plans for resource protection, enhance24 ment, interpretation, funding, management, and 

25 development; and 

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1 (C) specific commitments for implementa2 tion that have been made by the local coordi3 nating entity or any Federal, State, Tribal, or 

4 local government agency, organization, busi5 ness, or individual; 

6 (7) include an analysis of, and recommenda7 tions for, means by which Federal, State, Tribal, 

8 and local programs may best be coordinated (includ9 ing the role of the National Park Service and other 

10 Federal agencies associated with the National Herit11 age Area) to further the purposes of this subtitle; 

12 and 

13 (8) include a business plan that— 

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

15 and functions of the local coordinating entity 

16 and of each of the major activities contained in 

17 the management plan; and 

18 (B) provides adequate assurances that the 

19 local coordinating entity has the partnerships 

20 and financial and other resources necessary to 

21 implement the management plan for the Na22 tional Heritage Area. 

23 (b) DEADLINE.— 

24 (1) IN GENERAL.—Not later than 3 years after 

25 the date on which funds are first made available to 

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1 develop the management plan after designation as a 

2 National Heritage Area, the local coordinating entity 

3 shall submit the management plan to the Secretary 

4 for approval. 

5 (2) TERMINATION OF FUNDING.—If the man6 agement plan is not submitted to the Secretary in 

7 accordance with paragraph (1), the local coordi8 nating entity shall not qualify for any additional fi9 nancial assistance under this subtitle until such time 

10 as the management plan is submitted to and ap11 proved by the Secretary. 

12 (c) APPROVAL OF MANAGEMENT PLAN.— 

13 (1) REVIEW.—Not later than 180 days after re14 ceiving the plan, the Secretary shall review and ap15 prove or disapprove the management plan for a Na16 tional Heritage Area on the basis of the criteria es17 tablished under paragraph (3). 

18 (2) CONSULTATION.—The Secretary shall con19 sult with the Governor of each State in which the 

20 National Heritage Area is located before approving 

21 a management plan for the National Heritage Area. 

22 (3) CRITERIA FOR APPROVAL.—In determining 

23 whether to approve a management plan for a Na24 tional Heritage Area, the Secretary shall consider 

25 whether— 

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1 (A) the local coordinating entity represents 

2 the diverse interests of the National Heritage 

3 Area, including Federal, State, Tribal, and local 

4 governments, natural and historic resource pro5 tection organizations, educational institutions, 

6 businesses, recreational organizations, commu7 nity residents, and private property owners; 

8 (B) the local coordinating entity— 

9 (i) has afforded adequate opportunity 

10 for public and Federal, State, Tribal, and 

11 local governmental involvement (including 

12 through workshops and hearings) in the 

13 preparation of the management plan; and 

14 (ii) provides for at least semiannual 

15 public meetings to ensure adequate imple16 mentation of the management plan; 

17 (C) the resource protection, enhancement, 

18 interpretation, funding, management, and de19 velopment strategies described in the manage20 ment plan, if implemented, would adequately 

21 protect, enhance, interpret, fund, manage, and 

22 develop the natural, historic, cultural, edu23 cational, scenic, and recreational resources of 

24 the National Heritage Area; 

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1 (D) the management plan would not ad2 versely affect any activities authorized on Fed3 eral land under public land laws or land use 

4 plans; 

5 (E) the local coordinating entity has dem6 onstrated the financial capability, in partner7 ship with others, to carry out the plan; 

8 (F) the Secretary has received adequate 

9 assurances from the appropriate State, Tribal, 

10 and local officials whose support is needed to 

11 ensure the effective implementation of the 

12 State, Tribal, and local elements of the manage13 ment plan; and 

14 (G) the management plan demonstrates 

15 partnerships among the local coordinating enti16 ty, Federal, State, Tribal, and local govern17 ments, regional planning organizations, non18 profit organizations, or private sector parties 

19 for implementation of the management plan. 

20 (4) DISAPPROVAL.— 

21 (A) IN GENERAL.—If the Secretary dis22 approves the management plan, the Secretary— 

23 (i) shall advise the local coordinating 

24 entity in writing of the reasons for the dis25 approval; and 

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1 (ii) may make recommendations to the 

2 local coordinating entity for revisions to 

3 the management plan. 

4 (B) DEADLINE.—Not later than 180 days 

5 after receiving a revised management plan, the 

6 Secretary shall approve or disapprove the re7 vised management plan. 

8 (5) AMENDMENTS.— 

9 (A) IN GENERAL.—An amendment to the 

10 management plan that substantially alters the 

11 purposes of the National Heritage Area shall be 

12 reviewed by the Secretary and approved or dis13 approved in the same manner as the original 

14 management plan. 

15 (B) IMPLEMENTATION.—The local coordi16 nating entity shall not use Federal funds au17 thorized by this subtitle to implement an 

18 amendment to the management plan until the 

19 Secretary approves the amendment. 

20 (6) AUTHORITIES.—The Secretary may— 

21 (A) provide technical assistance under the 

22 authority of this subtitle for the development 

23 and implementation of the management plan; 

24 and 

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1 (B) enter into cooperative agreements with 

2 interested parties to carry out this subtitle. 

3 SEC. 2116. EVALUATION; REPORT. 

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

5 date on which authority for Federal funding terminates 

6 for the National Heritage Area under this subtitle, the 

7 Secretary shall— 

8 (1) conduct an evaluation of the accomplish9 ments of the National Heritage Area; and 

10 (2) prepare a report in accordance with sub11 section (c). 

12 (b) EVALUATION.—An evaluation conducted under 

13 subsection (a)(1) shall— 

14 (1) assess the progress of the local coordinating 

15 entity with respect to— 

16 (A) accomplishing the purposes of the au17 thorizing legislation for the National Heritage 

18 Area; and 

19 (B) achieving the goals and objectives of 

20 the approved management plan for the National 

21 Heritage Area; 

22 (2) analyze the Federal, State, Tribal, and 

23 local, and private investments in the National Herit24 age Area to determine the impact of the invest25 ments; and 

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1 (3) review the management structure, partner2 ship relationships, and funding of the National Her3 itage Area for purposes of identifying the critical 

4 components for sustainability of the National Herit5 age Area. 

6 (c) REPORT.—Based on the evaluation conducted 

7 under subsection (a)(1), the Secretary shall submit a re8 port to the Committee on Natural Resources of the United 

9 States House of Representatives and the Committee on 

10 Energy and Natural Resources of the United States Sen11 ate. The report shall include recommendations for the fu12 ture role of the National Park Service, if any, with respect 

13 to the National Heritage Area. 

14 SEC. 2117. LOCAL COORDINATING ENTITY. 

15 (a) DUTIES.—To further the purposes of the Na16 tional Heritage Area, the Santa Cruz Valley Heritage Alli17 ance, Inc., as the local coordinating entity, shall— 

18 (1) prepare a management plan for the Na19 tional Heritage Area, and submit the management 

20 plan to the Secretary, in accordance with this sub21 title; 

22 (2) submit an annual report to the Secretary 

23 for each fiscal year for which the local coordinating 

24 entity receives Federal funds under this subtitle, 

25 specifying— 

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1 (A) the specific performance goals and ac2 complishments of the local coordinating entity; 

3 (B) the expenses and income of the local 

4 coordinating entity; 

5 (C) the amounts and sources of matching 

6 funds; 

7 (D) the amounts leveraged with Federal 

8 funds and sources of the leveraging; and 

9 (E) grants made to any other entities dur10 ing the fiscal year; 

11 (3) make available for audit for each fiscal year 

12 for which the local coordinating entity receives Fed13 eral funds under this subtitle, all information per14 taining to the expenditure of the funds and any 

15 matching funds; and 

16 (4) encourage economic viability and sustain17 ability that is consistent with the purposes of the 

18 National Heritage Area. 

19 (b) AUTHORITIES.—For the purposes of preparing 

20 and implementing the approved management plan for the 

21 National Heritage Area, the local coordinating entity may 

22 use Federal funds made available under this subtitle to— 

23 (1) make grants to political jurisdictions, non24 profit organizations, and other parties within the 

25 National Heritage Area; 

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1 (2) enter into cooperative agreements with or 

2 provide technical assistance to political jurisdictions, 

3 nonprofit organizations, Federal agencies, and other 

4 interested parties; 

5 (3) hire and compensate staff, including individ6 uals with expertise in— 

7 (A) natural, historical, cultural, edu8 cational, scenic, and recreational resource con9 servation; 

10 (B) economic and community development; 

11 and 

12 (C) heritage planning; 

13 (4) obtain funds or services from any source, 

14 including other Federal programs; 

15 (5) contract for goods or services; and 

16 (6) support activities of partners and any other 

17 activities that further the purposes of the National 

18 Heritage Area and are consistent with the approved 

19 management plan. 

20 (c) PROHIBITION ON ACQUISITION OF REAL PROP21 ERTY.—The local coordinating entity may not use Federal 

22 funds authorized under this subtitle to acquire any inter23 est in real property. 

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1 SEC. 2118. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

2 (a) IN GENERAL.—Nothing in this subtitle affects 

3 the authority of a Federal agency to provide technical or 

4 financial assistance under any other law. 

5 (b) CONSULTATION AND COORDINATION.—The head 

6 of any Federal agency planning to conduct activities that 

7 may have an impact on a National Heritage Area is en8 couraged to consult and coordinate the activities with the 

9 Secretary and the local coordinating entity to the max10 imum extent practicable. 

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

12 subtitle— 

13 (1) modifies, alters, or amends any law or regu14 lation authorizing a Federal agency to manage Fed15 eral land under the jurisdiction of the Federal agen16 cy; 

17 (2) limits the discretion of a Federal land man18 ager to implement an approved land use plan within 

19 the boundaries of a National Heritage Area; or 

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

21 use of Federal land under the jurisdiction of a Fed22 eral agency. 

23 SEC. 2119. PRIVATE PROPERTY AND REGULATORY PROTEC24 TIONS. 

25 Nothing in this subtitle— 

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1 (1) abridges the rights of any property owner 

2 (whether public or private), including the right to re3 frain from participating in any plan, project, pro4 gram, or activity conducted within the National Her5 itage Area; 

6 (2) requires any property owner to permit pub7 lic access (including access by Federal, State, Tribal, 

8 or local agencies) to the property of the property 

9 owner, or to modify public access or use of property 

10 of the property owner under any other Federal, 

11 State, Tribal, or local law; 

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

13 approved land use plan, or other regulatory author14 ity of any Federal, State, Tribal, or local agency, or 

15 conveys any land use or other regulatory authority 

16 to any local coordinating entity, including but not 

17 necessarily limited to development and management 

18 of energy, water, or water-related infrastructure; 

19 (4) authorizes or implies the reservation or ap20 propriation of water or water rights; 

21 (5) diminishes the authority of the State to 

22 manage fish and wildlife, including the regulation of 

23 fishing and hunting within the National Heritage 

24 Area; or 

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

2 under any other law, of any private property owner 

3 with respect to any person injured on the private 

4 property. 

5 SEC. 2120. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject 

7 to subsection (b), there are authorized to be appropriated 

8 to carry out this subtitle not more than $1,000,000 for 

9 any fiscal year. Funds so appropriated shall remain avail10 able until expended. 

11 (b) LIMITATION ON TOTAL AMOUNTS APPRO12 PRIATED.—Not more than $15,000,000 may be appro13 priated to carry out this subtitle. 

14 (c) COST-SHARING REQUIREMENT.—The Federal 

15 share of the total cost of any activity under this subtitle 

16 shall be not more than 50 percent; the non-Federal con17 tribution may be in the form of in-kind contributions of 

18 goods or services fairly valued. 

19 SEC. 2121. USE OF FEDERAL FUNDS FROM OTHER 

20 SOURCES. 

21 Nothing in this subtitle shall preclude the local co22 ordinating entity from using Federal funds available under 

23 other laws for the purposes for which those funds were 

24 authorized. 

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1 SEC. 2122. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

2 The authority of the Secretary to provide financial 

3 assistance under this subtitle terminates on the date that 

4 is 15 years after the date of enactment of this subtitle. 

5 TITLE III—STUDY 

6 SEC. 3001. STUDY AND REPORT OF PROPOSED NORTHERN 

7 NECK NATIONAL HERITAGE AREA. 

8 (a) The Secretary of the Interior (hereafter referred 

9 to as ‘‘the Secretary’’), in consultation with appropriate 

10 State historic preservation officers, State historical soci11 eties, and other appropriate organizations, shall conduct 

12 a study of the suitability and feasibility of designating the 

13 area described in subsection (d) as the Northern Neck Na14 tional Heritage Area in the Commonwealth of Virginia. 

15 (b) CRITERIA.—In conducting the study, the Sec16 retary shall apply the following criteria to determine the 

17 suitability and feasibility of designating the area described 

18 in subsection (d) as a National Heritage Area: 

19 (1) The area— 

20 (A) has an assemblage of natural, historic, 

21 cultural, educational, scenic, or recreational re22 sources that together are nationally important 

23 to the heritage of the United States; 

24 (B) represents distinctive aspects of the 

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1 tion, conservation, interpretation, and con2 tinuing use; 

3 (C) is best managed as such an assemblage 

4 through partnerships among public and private 

5 entities at the local or regional level; 

6 (D) reflects traditions, customs, beliefs, 

7 and folklife that are a valuable part of the her8 itage of the United States; 

9 (E) provides outstanding opportunities to 

10 conserve natural, historical, cultural, or scenic 

11 features; 

12 (F) provides outstanding recreational or 

13 educational opportunities; and 

14 (G) has resources and traditional uses that 

15 have national importance. 

16 (2) Residents, business interests, nonprofit or17 ganizations, and governments (including relevant 

18 Federal land management agencies) within the pro19 posed area are involved in the planning and have 

20 demonstrated significant support through letters and 

21 other means for National Heritage Area designation 

22 and management. 

23 (3) The local coordinating entity responsible for 

24 preparing and implementing the management plan is 

25 identified. 

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1 (4) The proposed local coordinating entity and 

2 units of government supporting the designation have 

3 documented their commitment to work in partner4 ship to protect, enhance, interpret, fund, manage, 

5 and develop resources within the National Heritage 

6 Area. 

7 (5) The proposed local coordinating entity has 

8 developed a conceptual financial plan that outlines 

9 the roles of all participants (including the Federal 

10 Government) in the management of the National 

11 Heritage Area. 

12 (6) The proposal is consistent with continued 

13 economic activity within the area. 

14 (7) A conceptual boundary map has been devel15 oped and is supported by the public and partici16 pating Federal agencies. 

17 (c) CONSULTATION.—In conducting the study, the 

18 Secretary shall consult with the managers of any Federal 

19 land within the proposed National Heritage Area and se20 cure the concurrence of the managers with the findings 

21 of the study before making a determination for designa22 tion. 

23 (d) BOUNDARIES OF THE STUDY AREA.—The study 

24 area referred to in subsection (a) shall be comprised of 

25 the following: 

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1 (1) The part of Virginia between the Potomac 

2 and the Rappahannock Rivers in eastern coastal Vir3 ginia. 

4 (2) Westmoreland, Northumberland, Richmond, 

5 King George, and Lancaster Counties, Virginia. 

6 (3) Other areas that have heritage aspects that 

7 are similar to those aspects that are in the areas de8 scribed in paragraphs (1) and (2) and which are ad9 jacent to or in the vicinity of those areas. 

10 (e) REPORT.—The Secretary shall 

11 (1) review, comment on, and determine if the 

12 study meets the criteria specified in subsection (b) 

13 for designation as a National Heritage Area; 

14 (2) consult with the Governor of the Common15 wealth of Virginia; and 

16 (3) not later than 3 fiscal years after the date 

17 on which funds are first made available for this sec18 tion, submit to the Committee on Natural Resources 

19 of the House of Representatives and the Committee 

20 on Energy and Natural Resources of the Senate a 

21 report on the findings, conclusions and recommenda22 tions of the study, including— 

23 (A) any comments received from the Gov24 ernor of the Commonwealth of Virginia; and 

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1 (B) a finding as to whether the proposed 

2 National Heritage Area meets the criteria for 

3 designation. 

4 (f) DISAPPROVAL.—If the Secretary determines that 

5 the proposed National Heritage Area does not meet the 

6 criteria for designation, the Secretary shall include within 

7 the study submitted under subsection (e)(3) a description 

8 of the reasons for the determination. 

9 TITLE IV—TECHNICAL 

10 CORRECTIONS AND ADDITIONS 

11 SEC. 4001. NATIONAL COAL HERITAGE AREA TECHNICAL 

12 CORRECTIONS. 

13 Title I of Division II of the Omnibus Parks and Pub14 lic Lands Management Act of 1996 (Public Law 104–333 

15 as amended by Public Law 106–176 and Public Law 109– 

16 338) is amended— 

17 (1) by striking section 103(b) and inserting the 

18 following: 

19 ‘‘(b) BOUNDARIES.—The National Coal Heritage 

20 Area shall be comprised of Lincoln County, West Virginia, 

21 and Paint Creek and Cabin Creek within Kanawah Coun22 ty, West Virginia, and the counties that are the subject 

23 of the study by the National Park Service, dated 1993, 

24 entitled ‘A Coal Mining Heritage Study: Southern West 

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1 Virginia’ conducted pursuant to title VI of Public Law 

2 100–699.’’; 

3 (2) by striking section 105 and inserting the 

4 following: 

5 ‘‘SEC. 105. ELIGIBLE RESOURCES. 

6 ‘‘(a) IN GENERAL.—The resources eligible for the as7 sistance under section 104 shall include— 

8 ‘‘(1) resources in Lincoln County, West Vir9 ginia, and Paint Creek and Cabin Creek in Kanawah 

10 County, West Virginia, as determined to be appro11 priate by the National Coal Heritage Area Author12 ity; and 

13 ‘‘(2) the resources set forth in appendix D of 

14 the study by the National Park Service, dated 1993, 

15 entitled ‘A Coal Mining Heritage Study: Southern 

16 West Virginia’ conducted pursuant to title VI of 

17 Public Law 100–699. 

18 ‘‘(b) PRIORITY.—Priority consideration shall be given 

19 to those sites listed as ‘Conservation Priorities’ and ‘Im20 portant Historic Resources’ as depicted on the map enti21 tled ‘Study Area: Historic Resources’ in such study.’’; 

22 (3) in section 106(a)— 

23 (A) by striking ‘‘Governor’’ and all that 

24 follows through ‘‘Parks,’’ and inserting ‘‘Na25 tional Coal Heritage Area Authority’’; and 

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1 (B) in paragraph (3), by striking ‘‘State of 

2 West Virginia’’ and all that follows through 

3 ‘‘entities, or’’ and inserting ‘‘National Coal 

4 Heritage Area Authority or’’; and 

5 (4) in section 106(b), by inserting ‘‘not’’ before 

6 ‘‘meet’’. 

7 SEC. 4002. RIVERS OF STEEL NATIONAL HERITAGE AREA 

8 ADDITION. 

9 Section 403(b) of title IV of Division II of the Omni10 bus Parks and Public Lands Management Act of 1996 

11 (Public Law 104–333) is amended by inserting ‘‘Butler,’’ 

12 after ‘‘Beaver,’’. 

13 SEC. 4003. SOUTH CAROLINA NATIONAL HERITAGE COR14 RIDOR ADDITION. 

15 Section 604(b)(2) of title VI of Division II of the Om16 nibus Parks and Public Lands Management Act of 1996 

17 is amended by adding at the end the following new sub18 paragraphs: 

19 ‘‘(O) Berkeley County. 

20 ‘‘(P) Saluda County. 

21 ‘‘(Q) The portion of Georgetown County 

22 that is not part of the Gullah/Geechee Cultural 

23 Heritage Corridor.’’. 

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1 SEC. 4004. OHIO AND ERIE CANAL NATIONAL HERITAGE 

2 CORRIDOR TECHNICAL CORRECTIONS. 

3 Title VIII of Division II of the Omnibus Parks and 

4 Public Lands Management Act of 1996 (Public Law 104– 

5 333) is amended— 

6 (1) by striking ‘‘Canal National Heritage Cor7 ridor’’ each place it appears and inserting ‘‘National 

8 Heritage Canalway’’; 

9 (2) by striking ‘‘corridor’’ each place it appears 

10 and inserting ‘‘canalway’’, except in references to 

11 the feasibility study and management plan; 

12 (3) in the heading of section 808(a)(3), by 

13 striking ‘‘CORRIDOR’’ and inserting ‘‘CANALWAY’’; 

14 (4) in the title heading, by striking ‘‘CANAL 

15 NATIONAL HERITAGE CORRIDOR’’ and 

16 inserting ‘‘NATIONAL HERITAGE 

17 CANALWAY’’; 

18 (5) in section 803— 

19 (A) by striking paragraph (2); 

20 (B) by redesignating paragraphs (3), (4), 

21 (5), (6), and (7) as paragraphs (2), (3), (4), 

22 (5), and (6), respectively; 

23 (C) in paragraph (2) (as redesignated by 

24 this Act), by striking ‘‘808’’ and inserting 

25 ‘‘806’’; and 

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1 (D) in paragraph (6) (as redesignated by 

2 this Act), by striking ‘‘807(a)’’ and inserting 

3 ‘‘805(a)’’; 

4 (6) in the heading of section 804, by striking 

5 ‘‘CANAL NATIONAL HERITAGE CORRIDOR’’ and 

6 inserting ‘‘NATIONAL HERITAGE CANALWAY’’; 

7 (7) in the second sentence of section 804(b)(1), 

8 by striking ‘‘808’’ and inserting ‘‘806’’; 

9 (8) by striking sections 805 and 806; 

10 (9) by redesignating sections 807, 808, 809, 

11 810, 811, and 812 as sections 805, 806, 807, 808, 

12 809, and 810, respectively; 

13 (10) in section 805(c)(2) (as redesignated by 

14 this Act), by striking ‘‘808’’ and inserting ‘‘806’’; 

15 (11) in section 806 (as redesignated by this 

16 Act)— 

17 (A) in subsection (a)(1), by striking ‘‘Com18 mittee’’ and inserting ‘‘Secretary’’; 

19 (B) in the heading of subsection (a)(1), by 

20 striking ‘‘COMMITTEE’’ and inserting ‘‘SEC21 RETARY’’; 

22 (C) in subsection (a)(3), in the first sen23 tence of subparagraph (B), by striking ‘‘Com24 mittee’’ and inserting ‘‘management entity’’; 

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1 (D) in subsection (e), by striking 

2 ‘‘807(d)(1)’’ and inserting ‘‘805(d)(1)’’; and 

3 (E) in subsection (f), by striking 

4 ‘‘807(d)(1)’’ and inserting ‘‘805(d)(1)’’; 

5 (12) in section 807 (as redesignated by this 

6 Act), in subsection (c) by striking ‘‘Cayohoga Valley 

7 National Recreation Area’’ and inserting ‘‘Cayohoga 

8 Valley National Park’’; 

9 (13) in section 808 (as redesignated by this 

10 Act)— 

11 (A) in subsection (b), by striking ‘‘Com12 mittee or’’; and 

13 (B) in subsection (c), in the matter before 

14 paragraph (1), by striking ‘‘Committee’’ and in15 serting ‘‘management entity’’; and 

16 (14) in section 809 (as redesignated by Act), by 

17 striking ‘‘assistance’’ and inserting ‘‘financial assist18 ance’’. 

19 SEC. 4005. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE 

20 EXTENSION OF AUTHORIZATION. 

21 Section 6 of Public Law 100–515 (16 U.S.C. 1244 

22 note) is amended as follows: 

23 (1) Strike paragraph (1) of subsection (b) and 

24 insert the following new paragraph: 

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1 ‘‘(1) IN GENERAL.—Amounts made available 

2 under subsection (a) shall be used only for— 

3 ‘‘(A) technical assistance; 

4 ‘‘(B) the design and fabrication of inter5 pretive materials, devices, and signs; and 

6 ‘‘(C) the preparation of the strategic 

7 plan.’’. 

8 (2) Paragraph (3) of subsection (b) is amended 

9 by inserting after subparagraph (B) a new subpara10 graph as follows: 

11 ‘‘(C) Notwithstanding paragraph (3)(A), 

12 funds made available under subsection (a) for 

13 the preparation of the strategic plan shall not 

14 require a non-Federal match.’’. 

15 (3) Subsection (c) is amended by striking 

16 ‘‘2007’’ and inserting ‘‘2011’’. 

17 SEC. 4006. ERIE CANALWAY NATIONAL HERITAGE COR18 RIDOR TECHNICAL CORRECTIONS. 

19 The Erie Canalway National Heritage Corridor Act 

20 (title VIII of Appendix D of Public Law 106–554, 114 

21 Stat. 2763A–295) is amended— 

22 (1) in section 804(b)— 

23 (A) by striking ‘‘27’’ and inserting ‘‘at 

24 least 21 members, but not to exceed 27’’; 

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1 (B) in paragraph (2), by striking ‘‘Envi2 ronment’’ and inserting ‘‘Environmental’’; 

3 (C) in paragraph (3), by striking ‘‘19’’; 

4 (D) in paragraph (3)— 

5 (i) by striking subparagraph (A) and 

6 redesignating subsequent subparagraphs 

7 accordingly; 

8 (ii) in subparagraph (B) (as redesig9 nated by clause (i)), by striking the second 

10 sentence; and 

11 (iii) by adding after subparagraph (B) 

12 the following new subparagraph: 

13 ‘‘(C) The remaining members shall be 

14 based on recommendations from each member 

15 of the United States House of Representatives 

16 whose district encompasses the Corridor, each 

17 of whom shall be a resident of or employed 

18 within the district from which they shall be rec19 ommended.’’; 

20 (2) in section 804(f), by striking ‘‘Fourteen 

21 members of the Commission’’ and inserting ‘‘A ma22 jority of the seated (sworn) Commissioners’’; 

23 (3) in section 804(g), by striking ‘‘14 of its 

24 members.’’ and inserting ‘‘a majority of the seated 

25 (sworn) Commissioners.’’; 

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1 (4) in section 804(h)(4), by striking ‘‘staff to 

2 carry out its duties;’’ and inserting ‘‘such staff as 

3 may be necessary to carry out its duties. Staff ap4 pointed by the Commission— 

5 ‘‘(A) may be appointed subject to the pro6 visions of title 5, United States Code, governing 

7 appointments in the competitive service; and 

8 ‘‘(B) may be paid in accordance with the 

9 provisions of chapter 51 and subchapter III of 

10 chapter 53 of such title relating to the classi11 fication and General Schedule pay rates;’’; 

12 (5) in section 804(j), by striking ‘‘10 years 

13 after the date of enactment of this title’’ and insert14 ing ‘‘15 years after the date of the enactment of this 

15 title’’; 

16 (6) in section 807(e), by striking ‘‘duties with 

17 regard to the preparation and approval of the 

18 Canalway Plan.’’ and inserting ‘‘duties.’’; 

19 (7) in section 807, by adding at the end the fol20 lowing: 

21 ‘‘(f) OPERATIONAL ASSISTANCE.—Subject to the 

22 availability of appropriations, the Superintendent of Sara23 toga National Historical Park may, on request, provide 

24 to public and private organizations in the Heritage Area, 

25 including the Commission, any operational assistance that 

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1 is appropriate for the purpose of supporting the implemen2 tation of the management plan.’’; and 

3 (8) in section 810(a)(1), by inserting after the 

4 first sentence: ‘‘Such sums shall remain available 

5 until expended.’’. 

6 TITLE V—SENSE OF CONGRESS 

7 REGARDING FUNDING 

8 SEC. 5001. SENSE OF CONGRESS REGARDING FUNDING. 

9 It is the sense of Congress that the Federal Govern10 ment should not fund a national heritage area in per11 petuity. 

12 TITLE VI—APPLICATION OF 

13 CERTAIN LAWS 

14 SEC. 6001. APPLICATION OF CERTAIN STATE AND LOCAL 

15 LAWS. 

16 All designated and future designated lands within any 

17 natural heritage area for which funding is provided under 

18 this Act shall be exclusively governed by relevant State 

19 and local laws regarding hunting, fishing, and the posses20 sion or use of a weapon, trap, or net. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Celebrating America’s 

23 Heritage Act’’. 

24 SEC. 2. TABLE OF CONTENTS. 

25 The table of contents is as follows: 

Sec. 1. Short title. 

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Sec. 2. Table of contents. 

Sec. 3. Definition of Secretary. 

TITLE I—DESIGNATIONS 

Subtitle A—Muscle Shoals National Heritage Area 

Sec. 1101. Purposes. 

Sec. 1102. Definitions. 

Sec. 1103. Establishment. 

Sec. 1104. Duties and authorities of local coordinating entity. 

Sec. 1105. Management plan. 

Sec. 1106. Duties and authorities of the secretary. 

Sec. 1107. Relationship to other Federal agencies. 

Sec. 1108. Property owners and regulatory protections. 

Sec. 1109. Authorization of appropriations. 

Sec. 1110. Termination of financial assistance. 

Subtitle B—Santa Cruz Valley National Heritage Area 

Sec. 1201. Purposes. 

Sec. 1202. Definitions. 

Sec. 1203. Establishment. 

Sec. 1204. Duties and authorities of local coordinating entity. 

Sec. 1205. Management plan. 

Sec. 1206. Duties and authorities of the secretary. 

Sec. 1207. Relationship to other Federal agencies. 

Sec. 1208. Property owners and regulatory protections. 

Sec. 1209. Authorization of appropriations. 

Sec. 1210. Termination of financial assistance. 

TITLE II—STUDY 

Sec. 2001. Northern Neck National Heritage Area Study. 

TITLE III—TECHNICAL AMENDMENTS 

Sec. 3001. Erie Canalway National Heritage Corridor technical corrections. 

Sec. 3002. John H. Chafee Blackstone River Valley National Heritage Corridor. 

1 SEC. 3. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Secretary 

3 of the Interior. 

4 TITLE I—DESIGNATIONS 

5 Subtitle A—Muscle Shoals National 

6 Heritage Area 

7 SEC. 1101. PURPOSES. 

8 The purposes of this subtitle are— 

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1 (1) to preserve, support, conserve, and interpret 

2 the legacy of the region represented by the Heritage 

3 Area as described in the feasibility study prepared by 

4 the National Park Service; 

5 (2) to promote heritage, cultural, and rec6 reational tourism, and to develop educational and 

7 cultural programs for visitors and the general public; 

8 (3) to recognize and interpret important events 

9 and geographic locations representing key develop10 ments in the growth of the United States, including 

11 the Native American, Colonial American, European 

12 American, and African American heritage; 

13 (4) to recognize and interpret the manner by 

14 which the distinctive geography of the region has 

15 shaped the development of the settlement, defense, 

16 transportation, commerce, and culture of the region; 

17 (5) to provide a cooperative management frame18 work to foster a close working relationship with all 

19 levels of government, the private sector, and the local 

20 communities in the region to identify, preserve, inter21 pret, and develop the historical, cultural, scenic, and 

22 natural resources of the region for the educational 

23 and inspirational benefit of current and future gen24 erations; and 

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1 (6) to provide appropriate linkages between 

2 units of the National Park System and communities, 

3 governments, and organizations within the Heritage 

4 Area. 

5 SEC. 1102. DEFINITIONS. 

6 In this subtitle: 

7 (1) HERITAGE AREA.—The term ‘‘Heritage 

8 Area’’ means the Muscle Shoals National Heritage 

9 Area established by section 1103(a). 

10 (2) LOCAL COORDINATING ENTITY.—The term 

11 ‘‘local coordinating entity’’ means the Muscle Shoals 

12 Regional Center, the local coordinating entity for the 

13 Heritage Area designated by section 1103(d). 

14 (3) MANAGEMENT PLAN.—The term ‘‘manage15 ment plan’’ means the plan for the Heritage Area re16 quired under section 1104(a)(1). 

17 (4) MAP.—The term ‘‘map’’ means the map enti18 tled ‘‘Muscle Shoals National Heritage Area’’, num19 bered T08/80,000, and dated October 2007. 

20 (5) STATE.—The term ‘‘State’’ means the State 

21 of Alabama. 

22 SEC. 1103. ESTABLISHMENT. 

23 (a) IN GENERAL.—There is established the Muscle 

24 Shoals National Heritage Area in the State. 

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1 (b) BOUNDARIES.—The Heritage Area shall be com2 prised of the following areas, as depicted on the map: 

3 (1) The Counties of Colbert, Franklin, Lauder4 dale, Lawrence, Limestone, and Morgan, Alabama. 

5 (2) The Wilson Dam. 

6 (3) The Handy Home. 

7 (4) The birthplace of Helen Keller. 

8 (c) AVAILABILITY MAP.—The map shall be on file and 

9 available for public inspection in the appropriate offices of 

10 the National Park Service and the local coordinating entity. 

11 (d) LOCAL COORDINATING ENTITY.—The Muscle 

12 Shoals Regional Center shall be the local coordinating enti13 ty for the Heritage Area. 

14 SEC. 1104. DUTIES AND AUTHORITIES OF LOCAL COORDI15 NATING ENTITY. 

16 (a) DUTIES OF THE LOCAL COORDINATING ENTITY.— 

17 To further the purposes of the Heritage Area, the local co18 ordinating entity shall— 

19 (1) prepare, and submit to the Secretary, in ac20 cordance with section 1105, a management plan for 

21 the Heritage Area; 

22 (2) submit an annual report to the Secretary for 

23 each fiscal year for which the local coordinating enti24 ty receives Federal funds under this subtitle speci25 fying— 

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1 (A) the accomplishments of the local coordi2 nating entity; 

3 (B) the expenses and income of the local co4 ordinating entity; 

5 (C) the amounts and sources of matching 

6 funds; 

7 (D) the amounts leveraged with Federal 

8 funds and sources of the leveraged funds; and 

9 (E) grants made to any other entities dur10 ing the fiscal year; 

11 (3) make available for audit for each fiscal year 

12 for which the local coordinating entity receives Fed13 eral funds under this subtitle, all information per14 taining to the expenditure of the funds and any 

15 matching funds; 

16 (4) encourage, by appropriate means, economic 

17 development that is consistent with the purposes of 

18 the Heritage Area; and 

19 (5) serve as a catalyst for the implementation of 

20 projects and programs among diverse partners in the 

21 Heritage Area. 

22 (b) AUTHORITIES.—The local coordinating entity 

23 may, subject to the prior approval of the Secretary, for the 

24 purposes of preparing and implementing the management 

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1 plan, use Federal funds made available under this subtitle 

2 to— 

3 (1) make grants to the State, political subdivi4 sions of the State, nonprofit organizations, and other 

5 persons; 

6 (2) enter into cooperative agreements with, or 

7 provide technical assistance to, the State, political 

8 subdivisions of the State, nonprofit organizations, 

9 Federal agencies, and other interested parties; 

10 (3) to hire and compensate staff, including indi11 viduals with expertise in— 

12 (A) natural, historical, cultural, edu13 cational, scenic, and recreational resource con14 servation; 

15 (B) economic and community development; 

16 and 

17 (C) heritage planning; 

18 (4) obtain funds or services from any source, in19 cluding funds and services provided under any other 

20 Federal law or program; 

21 (5) contract for goods or services; and 

22 (6) support activities of partners and any other 

23 activities that further the purposes of the Heritage 

24 Area and are consistent with the approved manage25 ment plan. 

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1 (c) PROHIBITION ON ACQUISITION OF REAL PROP2 ERTY.—The local coordinating entity may not use Federal 

3 funds received under this subtitle to acquire any interest 

4 in real property. 

5 SEC. 1105. MANAGEMENT PLAN. 

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

7 date on which funds are made available to develop the man8 agement plan, the local coordinating entity shall submit to 

9 the Secretary for approval a proposed management plan 

10 for the Heritage Area. 

11 (b) REQUIREMENTS.—The management plan for the 

12 Heritage Area shall— 

13 (1) describe comprehensive policies, goals, strate14 gies, and recommendations for telling the story of the 

15 heritage of the area covered by the Heritage Area and 

16 encouraging long-term resource protection, enhance17 ment, interpretation, funding, management, and de18 velopment of the Heritage Area; 

19 (2) include a description of actions and commit20 ments that Federal, State, tribal, and local govern21 ments, private organizations, and citizens plan to 

22 take to protect, enhance, interpret, fund, manage, and 

23 develop the natural, historic, cultural, educational, 

24 scenic, and recreational resources of the Heritage 

25 Area; 

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1 (3) specify existing and potential sources of 

2 funding or economic development strategies to protect, 

3 enhance, interpret, fund, manage, and develop the 

4 Heritage Area; 

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

6 cultural, educational, scenic, and recreational re7 sources of the Heritage Area relating to the stories 

8 and themes of the Heritage Area that should be pro9 tected, enhanced, interpreted, managed, funded, or de10 veloped; 

11 (5) recommend policies and strategies for re12 source management, including the development of 

13 intergovernmental and interagency agreements to pro14 tect, enhance, interpret, fund, manage, and develop 

15 the natural, historic, cultural, educational, scenic, 

16 and recreational resources of the Heritage Area; 

17 (6) describe a program for implementation of the 

18 management plan, including— 

19 (A) performance goals; 

20 (B) plans for resource protection, enhance21 ment, interpretation, funding, management, and 

22 development; and 

23 (C) specific commitments for implementa24 tion that have been made by the local coordi25 nating entity or any Federal, State, tribal, or 

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1 local government agency, organization, business, 

2 or individual; 

3 (7) include an analysis of, and recommendations 

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

5 programs may best be coordinated (including the role 

6 of the National Park Service and other Federal agen7 cies associated with the Heritage Area) to further the 

8 purposes of this subtitle; and 

9 (8) include a business plan that— 

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

11 and functions of the local coordinating entity 

12 and of each of the major activities described in 

13 the management plan; and 

14 (B) provides adequate assurances that the 

15 local coordinating entity has the partnerships 

16 and financial and other resources necessary to 

17 implement the management plan for the Herit18 age Area. 

19 (c) TERMINATION OF FUNDING.—If the management 

20 plan is not submitted to the Secretary by the date that is 

21 3 years after the date on which funds are first made avail22 able to develop the management plan, the local coordinating 

23 entity shall not qualify for additional financial assistance 

24 under this Act until the management plan is submitted to, 

25 and approved by, the Secretary. 

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1 (d) APPROVAL OF MANAGEMENT PLAN.— 

2 (1) REVIEW.—Not later than 180 days after the 

3 date on which the Secretary receives the management 

4 plan, the Secretary shall approve or disapprove the 

5 management plan. 

6 (2) CONSULTATION REQUIRED.—The Secretary 

7 shall consult with the Governor of the State in which 

8 the Heritage Area is located before approving the 

9 management plan. 

10 (3) CRITERIA FOR APPROVAL.—In determining 

11 whether to approve the management plan, the Sec12 retary shall consider whether— 

13 (A) the local coordinating entity represents 

14 the diverse interests of the Heritage Area, includ15 ing Federal, State, tribal, and local governments, 

16 natural and historic resource protection organi17 zations, educational institutions, businesses, 

18 community residents, recreational organizations, 

19 and private property owners; 

20 (B) the local coordinating entity— 

21 (i) has afforded adequate opportunity 

22 for public and Federal, State, tribal, and 

23 local governmental involvement (including 

24 through workshops and public meetings) in 

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1 the preparation of the management plan; 

2 and 

3 (ii) provides for at least semiannual 

4 public meetings to ensure adequate imple5 mentation of the management plan; 

6 (C) the resource protection, enhancement, 

7 interpretation, funding, management, and devel8 opment strategies described in the management 

9 plan, if implemented, would adequately protect, 

10 enhance, interpret, fund, manage, and develop 

11 the natural, historic, cultural, scenic, and rec12 reational resources of the Heritage Area; 

13 (D) the management plan would not ad14 versely affect any activities authorized on Fed15 eral land under applicable laws or land use 

16 plans; 

17 (E) the Secretary has received adequate as18 surances from the appropriate State, tribal, and 

19 local officials whose support is needed to ensure 

20 the effective implementation of the State, tribal, 

21 and local aspects of the management plan; 

22 (F) the local coordinating entity has dem23 onstrated the financial capability, in partner24 ship with others, to carry out the management 

25 plan; and 

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1 (G) the management plan demonstrates 

2 partnerships among the local coordinating enti3 ty, Federal, State, tribal, and local governments, 

4 regional planning organizations, nonprofit orga5 nizations, and private sector parties for imple6 mentation of the management plan. 

7 (4) DISAPPROVAL.— 

8 (A) IN GENERAL.—If the Secretary dis9 approves the management plan, the Secretary— 

10 (i) shall advise the local coordinating 

11 entity in writing of the reasons for the dis12 approval; and 

13 (ii) may make recommendations to the 

14 local coordinating entity for revisions to the 

15 management plan. 

16 (B) DEADLINE.—Not later than 180 days 

17 after receiving a revised management plan, the 

18 Secretary shall approve or disapprove the revised 

19 management plan. 

20 (5) AMENDMENTS.— 

21 (A) IN GENERAL.—An amendment to the 

22 management plan that substantially alters the 

23 purposes of the Heritage Area shall be reviewed 

24 by the Secretary and approved or disapproved in 

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1 the same manner as the original management 

2 plan. 

3 (B) IMPLEMENTATION.—The local coordi4 nating entity shall not use Federal funds author5 ized by this subtitle to implement an amendment 

6 to the management plan until the Secretary ap7 proves the amendment. 

8 (6) AUTHORITIES.—The Secretary may— 

9 (A) provide technical assistance under the 

10 authority of this subtitle for the development and 

11 implementation of the management plan; and 

12 (B) enter into cooperative agreements with 

13 interested parties to carry out this subtitle. 

14 SEC. 1106. DUTIES AND AUTHORITIES OF THE SECRETARY. 

15 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

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

19 nonreimbursable basis (as determined by the Sec20 retary), to the local coordinating entity to develop 

21 and implement the management plan. 

22 (2) COOPERATIVE AGREEMENTS.—The Secretary 

23 may enter into cooperative agreements with the local 

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1 ties to provide technical or financial assistance under 

2 paragraph (1). 

3 (b) EVALUATION; REPORT.— 

4 (1) IN GENERAL.—Not later than 3 years before 

5 the date on which authority for Federal funding ter6 minates for the Heritage Area under section 1110, the 

7 Secretary shall— 

8 (A) conduct an evaluation of the accom9 plishments of the Heritage Area; and 

10 (B) prepare a report with recommendations 

11 for the future role of the National Park Service, 

12 if any, with respect to the Heritage Area, in ac13 cordance with paragraph (3). 

14 (2) EVALUATION.—An evaluation conducted 

15 under paragraph (1)(A) shall— 

16 (A) assess the progress of the local coordi17 nating entity with respect to— 

18 (i) accomplishing the purposes of this 

19 Act for the Heritage Area; and 

20 (ii) achieving the goals and objectives 

21 of the approved management plan for the 

22 Heritage Area; 

23 (B) analyze the Federal, State, tribal, local, 

24 and private investments in the Heritage Area to 

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1 determine the leverage and impact of the invest2 ments; and 

3 (C) review the management structure, part4 nership relationships, and funding of the Herit5 age Area for purposes of identifying the critical 

6 components for sustainability of the Heritage 

7 Area. 

8 (3) REPORT.— 

9 (A) IN GENERAL.—Based on the evaluation 

10 conducted under paragraph (1)(A), the Secretary 

11 shall prepare a report that includes rec12 ommendations for the future role of the National 

13 Park Service, if any, with respect to the Heritage 

14 Area. 

15 (B) REQUIRED ANALYSIS.—If the report 

16 prepared under this paragraph recommends that 

17 Federal funding for the Heritage Area be reau18 thorized, the report shall include an analysis 

19 of— 

20 (i) ways in which Federal funding for 

21 the Heritage Area may be reduced or elimi22 nated; and 

23 (ii) the appropriate time period nec24 essary to achieve the recommended reduc25 tion or elimination. 

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1 (C) SUBMISSION TO CONGRESS.—On com2 pletion of a report under this paragraph, the 

3 Secretary shall submit the report to— 

4 (i) the Committee on Energy and Nat5 ural Resources of the Senate; and 

6 (ii) the Committee on Natural Re7 sources of the House of Representatives. 

8 SEC. 1107. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

9 (a) IN GENERAL.—Nothing in this subtitle affects the 

10 authority of a Federal agency to provide technical or finan11 cial assistance under any other law. 

12 (b) CONSULTATION AND COORDINATION.—To the max13 imum extent practicable, the head of any Federal agency 

14 planning to conduct activities that may have an impact 

15 on the Heritage Area is encouraged to consult and coordi16 nate the activities with the Secretary and the local coordi17 nating entity to the maximum extent practicable. 

18 (c) OTHER FEDERAL AGENCIES.—Nothing in this sub19 title— 

20 (1) modifies, alters, or amends any laws (includ21 ing regulations) authorizing a Federal agency to 

22 manage Federal land under the jurisdiction of the 

23 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. 1108. PROPERTY OWNERS AND REGULATORY PROTEC8 TIONS. 

9 Nothing in this subtitle— 

10 (1) abridges the rights of any owner of public or 

11 private property, including the right to refrain from 

12 participating in any plan, project, program, or activ13 ity conducted within the Heritage Area; 

14 (2) requires any property owner to— 

15 (A) permit public access (including Federal, 

16 tribal, State, or local government access) to the 

17 property; or 

18 (B) modify any provisions of Federal, trib19 al, State, or local law with regard to public ac20 cess or use of private land; 

21 (3) alters any duly adopted land use regulations, 

22 approved land use plan, or any other regulatory au23 thority of any Federal, State, or local agency, or trib24 al government; 

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1 (4) conveys any land use or other regulatory au2 thority to the local coordinating entity; 

3 (5) authorizes or implies the reservation or ap4 propriation of water or water rights; 

5 (6) diminishes the authority of the State to man6 age fish and wildlife, including the regulation of fish7 ing and hunting within the Heritage Area; or 

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

9 under any other law, of any private property owner 

10 with respect to any person injured on the private 

11 property. 

12 SEC. 1109. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—There is authorized to be appro14 priated to carry out this subtitle $10,000,000, of which not 

15 more than $1,000,000 may be made available for any fiscal 

16 year. 

17 (b) AVAILABILITY.—Funds made available under sub18 section (a) shall remain available until expended. 

19 (c) COST-SHARING REQUIREMENT.— 

20 (1) IN GENERAL.—The Federal share of the total 

21 cost of any activity under this subtitle shall be not 

22 more than 50 percent. 

23 (2) FORM.—The non-Federal contribution may 

24 be in the form of in-kind contributions of goods or 

25 services fairly valued. 

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1 (d) USE OF FEDERAL FUNDS FROM OTHER

2 SOURCES.—Nothing in this subtitle precludes the local co3 ordinating entity from using Federal funds available under 

4 provisions of law other than this subtitle for the purposes 

5 for which those funds were authorized. 

6 SEC. 1110. TERMINATION OF FINANCIAL ASSISTANCE. 

7 The authority of the Secretary to provide financial as8 sistance under this subtitle terminates on the date that is 

9 15 years after the date of enactment of this Act. 

10 Subtitle B—Santa Cruz Valley 

11 National Heritage Area 

12 SEC. 1201. PURPOSES. 

13 The purposes of this subtitle are— 

14 (1) to establish the Santa Cruz Valley National 

15 Heritage Area in the State of Arizona; 

16 (2) to implement the recommendations of— 

17 (A) the ‘‘Alternative Concepts for Com18 memorating Spanish Colonization’’ study com19 pleted by the National Park Service in 1991; 

20 and 

21 (B) the ‘‘Feasibility Study for the Santa 

22 Cruz Valley National Heritage Area’’ prepared 

23 by the Center for Desert Archaeology in July 

24 2005; 

25 (3) to provide a management framework— 

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1 (A) to foster a close working relationship 

2 with all levels of government, the private sector, 

3 and the local communities in the region; and 

4 (B) to conserve the heritage of the region 

5 while continuing to pursue compatible economic 

6 opportunities; 

7 (4) to assist communities, organizations, and 

8 citizens in the State in identifying, preserving, inter9 preting, and developing the historic, cultural, scenic, 

10 and natural resources of the region for the edu11 cational and inspirational benefit of current and fu12 ture generations; and 

13 (5) to provide appropriate linkages between 

14 units of the National Park System and communities, 

15 governments, and organizations in the Heritage Area. 

16 SEC. 1202. DEFINITIONS. 

17 In this subtitle: 

18 (1) HERITAGE AREA.—The term ‘‘Heritage 

19 Area’’ means the Santa Cruz Valley National Herit20 age Area established by section 1203(a). 

21 (2) LOCAL COORDINATING ENTITY.—The term 

22 ‘‘local coordinating entity’’ means the local coordi23 nating entity for the Heritage Area designated by sec24 tion 1203(d). 

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1 (3) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the plan for the Heritage Area re3 quired under section 1204(a)(1). 

4 (4) MAP.—The term ‘‘map’’ means the map enti5 tled ‘‘Santa Cruz Valley National Heritage Area, 

6 Pima and Santa Cruz Counties, Arizona’’, numbered 

7 T09/80,000, and dated November 13, 2007. 

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

9 of Arizona. 

10 SEC. 1203. ESTABLISHMENT. 

11 (a) IN GENERAL.—There is established the Santa Cruz 

12 Valley National Heritage Area in the State. 

13 (b) BOUNDARIES.—The Heritage Area shall consist of 

14 portions of Santa Cruz and Pima Counties, Arizona, as 

15 depicted on the map. 

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

17 and available for public inspection in the appropriate of18 fices of— 

19 (1) the National Park Service; and 

20 (2) the local coordinating entity. 

21 (d) LOCAL COORDINATING ENTITY.—The Santa Cruz 

22 Valley Heritage Alliance, Inc., shall be the local coordi23 nating entity for the Heritage Area. 

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1 SEC. 1204. DUTIES AND AUTHORITIES OF LOCAL COORDI2 NATING ENTITY. 

3 (a) DUTIES.—To further the purposes of the Heritage 

4 Area, the local coordinating entity shall— 

5 (1) prepare a management plan for the Heritage 

6 Area, and submit the management plan to the Sec7 retary, in accordance with this subtitle; 

8 (2) submit an annual report to the Secretary for 

9 each fiscal year for which the local coordinating enti10 ty receives Federal funds under this subtitle, speci11 fying— 

12 (A) the specific performance goals and ac13 complishments of the local coordinating entity; 

14 (B) the expenses and income of the local co15 ordinating entity; 

16 (C) the amounts and sources of matching 

17 funds; 

18 (D) the amounts leveraged with Federal 

19 funds and sources of the leveraged funds; and 

20 (E) grants made to any other entities dur21 ing the fiscal year; 

22 (3) make available for audit for each fiscal year 

23 for which the local coordinating entity receives Fed24 eral funds under this subtitle, all information per25 taining to the expenditure of the funds and any 

26 matching funds; and 

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1 (4) encourage, by appropriate means, economic 

2 viability and sustainability that is consistent with the 

3 purposes of the Heritage Area. 

4 (b) AUTHORITIES.—For the purposes of preparing and 

5 implementing the approved management plan for the Her6 itage Area, the local coordinating entity may use Federal 

7 funds made available under this subtitle to— 

8 (1) make grants to the State, political subdivi9 sions of the State, nonprofit organizations, and other 

10 persons; 

11 (2) enter into cooperative agreements with or 

12 provide technical assistance to political subdivisions 

13 of the State, nonprofit organizations, Federal agen14 cies, and other interested parties; 

15 (3) hire and compensate staff, including individ16 uals with expertise in— 

17 (A) natural, historical, cultural, edu18 cational, scenic, and recreational resource con19 servation; 

20 (B) economic and community development; 

21 and 

22 (C) heritage planning; 

23 (4) obtain funds or services from any source, in24 cluding funds and services provided under any other 

25 Federal law or program; 

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1 (5) contract for goods or services; and 

2 (6) support activities of partners and any other 

3 activities that further the purposes of the Heritage 

4 Area and are consistent with the approved manage5 ment plan. 

6 (c) PROHIBITION ON ACQUISITION OF REAL PROP7 ERTY.—The local coordinating entity may not use Federal 

8 funds received under this subtitle to acquire any interest 

9 in real property. 

10 (d) OTHER SOURCES.—Nothing in this subtitle pre11 cludes the local coordinating entity from using Federal 

12 funds from other sources for authorized purposes. 

13 SEC. 1205. MANAGEMENT PLAN. 

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

15 date on which funds are made available to develop the man16 agement plan, the local coordinating entity shall submit to 

17 the Secretary for approval a proposed management plan 

18 for the Heritage Area. 

19 (b) REQUIREMENTS.—The management plan for the 

20 Heritage Area shall— 

21 (1) describe comprehensive policies, goals, strate22 gies, and recommendations for telling the story of the 

23 heritage of the region and encouraging long-term re24 source protection, enhancement, interpretation, fundmstockstill on PROD1PC66 with BILLS

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1 ing, management, and development of the Heritage 

2 Area; 

3 (2) include a description of actions and commit4 ments that Federal, State, tribal, and local govern5 ments, private organizations, and citizens plan to 

6 take to protect, enhance, interpret, fund, manage, and 

7 develop the natural, historic, cultural, scenic, and rec8 reational resources of the Heritage Area; 

9 (3) specify existing and potential sources of 

10 funding or economic development strategies to protect, 

11 enhance, interpret, fund, manage, and develop the 

12 Heritage Area; 

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

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

16 and themes of the region that should be protected, en17 hanced, interpreted, managed, funded, and developed; 

18 (5) recommend policies and strategies for re19 source management including, the development of 

20 intergovernmental and interagency agreements to pro21 tect, enhance, interpret, fund, manage, and develop 

22 the natural, historic, cultural, educational, scenic, 

23 and recreational resources of the Heritage Area; 

24 (6) describe a program for implementation of the 

25 management plan, including— 

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1 (A) performance goals; 

2 (B) plans for resource protection, enhance3 ment, interpretation, funding, management, and 

4 development; and 

5 (C) specific commitments for implementa6 tion that have been made by the local coordi7 nating entity or any Federal, State, tribal, or 

8 local government, organization, business, or indi9 vidual; 

10 (7) include an analysis of, and recommendations 

11 for, means by which Federal, State, tribal, and local 

12 programs may best be coordinated (including the role 

13 of the National Park Service and other Federal agen14 cies associated with the Heritage Area) to further the 

15 purposes of this subtitle; and 

16 (8) include a business plan that— 

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

18 and functions of the local coordinating entity 

19 and of each of the major activities described in 

20 the management plan; and 

21 (B) provides adequate assurances that the 

22 local coordinating entity has the partnerships 

23 and financial and other resources necessary to 

24 implement the management plan for the Herit25 age Area. 

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1 (c) TERMINATION OF FUNDING.—If the management 

2 plan is not submitted to the Secretary in accordance with 

3 this section, the local coordinating entity shall not qualify 

4 for additional financial assistance under this subtitle until 

5 the management plan is submitted to, and approved by, the 

6 Secretary. 

7 (d) APPROVAL OF MANAGEMENT PLAN.— 

8 (1) REVIEW.—Not later than 180 days after the 

9 date on which the Secretary receives the management 

10 plan, the Secretary shall approve or disapprove the 

11 management plan. 

12 (2) CONSULTATION REQUIRED.—The Secretary 

13 shall consult with the Governor of the State and any 

14 tribal government in which the Heritage Area is lo15 cated before approving the management plan. 

16 (3) CRITERIA FOR APPROVAL.—In determining 

17 whether to approve the management plan, the Sec18 retary shall consider whether— 

19 (A) the local coordinating entity represents 

20 the diverse interests of the Heritage Area, includ21 ing governments, natural and historic resource 

22 protection organizations, educational institu23 tions, businesses, community residents, and rec24 reational organizations; 

25 (B) the local coordinating entity— 

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1 (i) has afforded adequate opportunity 

2 for public and Federal, State, tribal, and 

3 local governmental involvement (including 

4 through workshops and public meetings) in 

5 the preparation of the management plan; 

6 and 

7 (ii) provides for at least semiannual 

8 public meetings to ensure adequate imple9 mentation of the management plan; 

10 (C) the resource protection, enhancement, 

11 interpretation, funding, management, and devel12 opment strategies described in the management 

13 plan, if implemented, would adequately protect, 

14 enhance, interpret, fund, manage, and develop 

15 the natural, historic, cultural, scenic, and rec16 reational resources of the Heritage Area; 

17 (D) the management plan would not ad18 versely affect any activities authorized on Fed19 eral or tribal land under applicable public land 

20 laws or land use plans; 

21 (E) the Secretary has received adequate as22 surances from the appropriate State, tribal, and 

23 local officials whose support is needed to ensure 

24 the effective implementation of the State, tribal, 

25 and local aspects of the management plan; 

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1 (F) the local coordinating entity has dem2 onstrated the financial capability, in partner3 ship with others, to carry out the management 

4 plan; and 

5 (G) the management plan demonstrates 

6 partnerships among the local coordinating enti7 ty, Federal, State, tribal, and local governments, 

8 regional planning organizations, nonprofit orga9 nizations, or private sector parties for implemen10 tation of the management plan. 

11 (4) ACTION FOLLOWING DISAPPROVAL.— 

12 (A) IN GENERAL.—If the Secretary dis13 approves the management plan, the Secretary— 

14 (i) shall advise the local coordinating 

15 entity in writing of the reasons for the dis16 approval; and 

17 (ii) may make recommendations to the 

18 local coordinating entity for revisions to the 

19 management plan. 

20 (B) DEADLINE.—Not later than 180 days 

21 after receiving a revised management plan, the 

22 Secretary shall approve or disapprove the revised 

23 management plan. 

24 (5) AMENDMENTS.— 

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1 (A) IN GENERAL.—An amendment to the 

2 management plan that substantially alters the 

3 purposes of the Heritage Area shall be reviewed 

4 by the Secretary and approved or disapproved in 

5 the same manner as the original management 

6 plan. 

7 (B) IMPLEMENTATION.—The local coordi8 nating entity shall not use Federal funds author9 ized to be appropriated by this subtitle to imple10 ment an amendment to the management plan 

11 until the Secretary approves the amendment. 

12 SEC. 1206. DUTIES AND AUTHORITIES OF THE SECRETARY. 

13 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

14 (1) IN GENERAL.—On the request of the local co15 ordinating entity, the Secretary may provide tech16 nical and financial assistance, on a reimbursable or 

17 nonreimbursable basis (as determined by the Sec18 retary), to the local coordinating entity to develop 

19 and implement the management plan. 

20 (2) COOPERATIVE AGREEMENTS.—The Secretary 

21 may enter into cooperative agreements with the local 

22 coordinating entity and other public or private enti23 ties to provide technical or financial assistance under 

24 paragraph (1). 

25 (b) EVALUATION; REPORT.— 

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1 (1) IN GENERAL.—Not later than 3 years before 

2 the date on which authority for Federal funding ter3 minates for the Heritage Area under section 1210, the 

4 Secretary shall— 

5 (A) conduct an evaluation of the accom6 plishments of the Heritage Area; and 

7 (B) prepare a report with recommendations 

8 for the future role of the National Park Service, 

9 if any, with respect to the Heritage Area, in ac10 cordance with paragraph (3). 

11 (2) EVALUATION.—An evaluation conducted 

12 under paragraph (1)(A) shall— 

13 (A) assess the progress of the local coordi14 nating entity with respect to— 

15 (i) accomplishing the purposes of this 

16 subtitle for the Heritage Area; and 

17 (ii) achieving the goals and objectives 

18 of the approved management plan for the 

19 Heritage Area; 

20 (B) analyze the Federal, State, local, and 

21 private investments in the Heritage Area to de22 termine the leverage and impact of the invest23 ments; and 

24 (C) review the management structure, part25 nership relationships, and funding of the Heritmstockstill on PROD1PC66 with BILLS

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1 age Area for purposes of identifying the critical 

2 components for sustainability of the Heritage 

3 Area. 

4 (3) REPORT.— 

5 (A) IN GENERAL.—Based on the evaluation 

6 conducted under paragraph (1)(A), the Secretary 

7 shall prepare a report that includes rec8 ommendations for the future role of the National 

9 Park Service, if any, with respect to the Heritage 

10 Area. 

11 (B) REQUIRED ANALYSIS.—If the report 

12 prepared under this paragraph recommends that 

13 Federal funding for the Heritage Area be reau14 thorized, the report shall include an analysis 

15 of— 

16 (i) ways in which Federal funding for 

17 the Heritage Area may be reduced or elimi18 nated; and 

19 (ii) the appropriate time period nec20 essary to achieve the recommended reduc21 tion or elimination. 

22 (C) SUBMISSION TO CONGRESS.—On com23 pletion of a report under this paragraph, the 

24 Secretary shall submit the report to— 

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1 (i) the Committee on Energy and Nat2 ural Resources of the Senate; and 

3 (ii) the Committee on Natural Re4 sources of the House of Representatives. 

5 SEC. 1207. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

6 (a) IN GENERAL.—Nothing in this subtitle affects the 

7 authority of a Federal agency to provide technical or finan8 cial assistance under any other law. 

9 (b) CONSULTATION AND COORDINATION.—To the max10 imum extent practicable, the head of any Federal agency 

11 planning to conduct activities that may have an impact 

12 on the Heritage Area is encouraged to consult and coordi13 nate the activities with the Secretary and the local coordi14 nating entity. 

15 (c) OTHER FEDERAL AGENCIES.—Nothing in this sub16 title— 

17 (1) modifies, alters, or amends any laws (includ18 ing regulations) authorizing a Federal agency to 

19 manage Federal land under the jurisdiction of the 

20 Federal agency; 

21 (2) limits the discretion of a Federal land man22 ager to implement an approved land use plan within 

23 the boundaries of the Heritage Area; or 

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

2 use of Federal land under the jurisdiction of a Fed3 eral agency. 

4 SEC. 1208. PROPERTY OWNERS AND REGULATORY PROTEC5 TIONS. 

6 Nothing in this subtitle— 

7 (1) abridges the rights of any owner of public or 

8 private property, including the right to refrain from 

9 participating in any plan, project, program, or activ10 ity conducted within the Heritage Area; 

11 (2) requires any property owner to— 

12 (A) permit public access (including Federal, 

13 tribal, State, or local government access) to the 

14 property; or 

15 (B) modify any provisions of Federal, trib16 al, State, or local law with regard to public ac17 cess or use of private land; 

18 (3) alters any duly adopted land use regulations, 

19 approved land use plan, or any other regulatory au20 thority of any Federal, State, or local agency, or trib21 al government; 

22 (4) conveys any land use or other regulatory au23 thority to the local coordinating entity; 

24 (5) authorizes or implies the reservation or ap25 propriation of water or water rights; 

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1 (6) diminishes the authority of the State to man2 age fish and wildlife, including the regulation of fish3 ing and hunting within the Heritage Area; or 

4 (7) creates any liability, or affects any liability 

5 under any other law, of any private property owner 

6 with respect to any person injured on the private 

7 property. 

8 SEC. 1209. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—There is authorized to be appro10 priated to carry out this subtitle $10,000,000, of which not 

11 more than $1,000,000 may be made available for any fiscal 

12 year. 

13 (b) AVAILABILITY.—Amounts made available under 

14 subsection (a) shall remain available until expended. 

15 (c) COST-SHARING REQUIREMENT.— 

16 (1) IN GENERAL.—The Federal share of the total 

17 cost of any activity under this subtitle shall be not 

18 more than 50 percent. 

19 (2) FORM.—The non-Federal contribution may 

20 be in the form of in-kind contributions of goods or 

21 services fairly valued. 

22 SEC. 1210. TERMINATION OF FINANCIAL ASSISTANCE. 

23 The authority of the Secretary to provide financial as24 sistance under this subtitle terminates on the date that is 

25 15 years after the date of enactment of this Act. 

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1 TITLE II—STUDY 

2 SEC. 2001. NORTHERN NECK NATIONAL HERITAGE AREA 

3 STUDY. 

4 (a) DEFINITIONS.—In this section: 

5 (1) PROPOSED HERITAGE AREA.—The term 

6 ‘‘proposed Heritage Area’’ means the proposed North7 ern Neck National Heritage Area. 

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

9 of Virginia. 

10 (3) STUDY AREA.—The term ‘‘study area’’ means 

11 the area that is comprised of— 

12 (A) the area of land located between the Po13 tomac and Rappahannock rivers of the eastern 

14 coastal region of the State; 

15 (B) Westmoreland, Northumberland, Rich16 mond, King George, and Lancaster Counties of 

17 the State; and 

18 (C) any other area that— 

19 (i) has heritage aspects that are simi20 lar to the heritage aspects of the areas de21 scribed in subparagraph (A) or (B); and 

22 (ii) is located adjacent to, or in the vi23 cinity of, those areas. 

24 (b) STUDY.— 

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1 (1) IN GENERAL.—In accordance with para2 graphs (2) and (3), the Secretary, in consultation 

3 with appropriate State historic preservation officers, 

4 State historical societies, and other appropriate orga5 nizations, shall conduct a study to determine the suit6 ability and feasibility of designating the study area 

7 as the Northern Neck National Heritage Area. 

8 (2) REQUIREMENTS.—The study shall include 

9 analysis, documentation, and determinations on 

10 whether the study area— 

11 (A) has an assemblage of natural, historical, 

12 cultural, educational, scenic, or recreational re13 sources that together are nationally important to 

14 the heritage of the United States; 

15 (B) represents distinctive aspects of the her16 itage of the United States worthy of recognition, 

17 conservation, interpretation, and continuing use; 

18 (C) is best managed as such an assemblage 

19 through partnerships among public and private 

20 entities at the local or regional level; 

21 (D) reflects traditions, customs, beliefs, and 

22 folklife that are a valuable part of the heritage 

23 of the United States; 

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1 (E) provides outstanding opportunities to 

2 conserve natural, historical, cultural, or scenic 

3 features; 

4 (F) provides outstanding recreational or 

5 educational opportunities; 

6 (G) contains resources and has traditional 

7 uses that have national importance; 

8 (H) includes residents, business interests, 

9 nonprofit organizations, and appropriate Fed10 eral agencies and State and local governments 

11 that are involved in the planning of, and have 

12 demonstrated significant support for, the des13 ignation and management of the proposed Herit14 age Area; 

15 (I) has a proposed local coordinating entity 

16 that is responsible for preparing and imple17 menting the management plan developed for the 

18 proposed Heritage Area; 

19 (J) with respect to the designation of the 

20 study area, has the support of the proposed local 

21 coordinating entity and appropriate Federal 

22 agencies and State and local governments, each 

23 of which has documented the commitment of the 

24 entity to work in partnership with each other en25 tity to protect, enhance, interpret, fund, manage, 

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1 and develop the resources located in the study 

2 area; 

3 (K) through the proposed local coordinating 

4 entity, has developed a conceptual financial plan 

5 that outlines the roles of all participants (includ6 ing the Federal Government) in the management 

7 of the proposed Heritage Area; 

8 (L) has a proposal that is consistent with 

9 continued economic activity within the area; and 

10 (M) has a conceptual boundary map that is 

11 supported by the public and appropriate Federal 

12 agencies. 

13 (3) ADDITIONAL CONSULTATION REQUIRE14 MENT.—In conducting the study under paragraph 

15 (1), the Secretary shall— 

16 (A) consult with the managers of any Fed17 eral land located within the study area; and 

18 (B) before making any determination with 

19 respect to the designation of the study area, se20 cure the concurrence of each manager with re21 spect to each finding of the study. 

22 (c) DETERMINATION.— 

23 (1) IN GENERAL.—The Secretary, in consultation 

24 with the Governor of the State, shall review, comment 

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1 quirement described in subsection (b)(2) for designa2 tion as a national heritage area. 

3 (2) REPORT.— 

4 (A) IN GENERAL.—Not later than 3 fiscal 

5 years after the date on which funds are first 

6 made available to carry out the study, the Sec7 retary shall submit a report describing the find8 ings, conclusions, and recommendations of the 

9 study to— 

10 (i) the Committee on Energy and Nat11 ural Resources of the Senate; and 

12 (ii) the Committee on Natural Re13 sources of the House of Representatives. 

14 (B) REQUIREMENTS.— 

15 (i) IN GENERAL.—The report shall con16 tain— 

17 (I) any comments that the Sec18 retary has received from the Governor 

19 of the State relating to the designation 

20 of the study area as a national herit21 age area; and 

22 (II) a finding as to whether the 

23 study area meets each requirement de24 scribed in subsection (b)(2) for des25 ignation as a national heritage area. 

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1 (ii) DISAPPROVAL.—If the Secretary 

2 determines that the study area does not 

3 meet any requirement described in sub4 section (b)(2) for designation as a national 

5 heritage area, the Secretary shall include in 

6 the report a description of each reason for 

7 the determination. 

8 TITLE III—TECHNICAL 

9 AMENDMENTS 

10 SEC. 3001. ERIE CANALWAY NATIONAL HERITAGE COR11 RIDOR TECHNICAL CORRECTIONS. 

12 The Erie Canalway National Heritage Corridor Act 

13 (16 U.S.C. 461 note; Public Law 106–554) is amended— 

14 (1) in section 804— 

15 (A) in subsection (b)— 

16 (i) in the matter preceding paragraph 

17 (1), by striking ‘‘27’’ and inserting ‘‘at least 

18 21 members, but not more than 27’’; 

19 (ii) in paragraph (2), by striking ‘‘En20 vironment’’ and inserting ‘‘Environ21 mental’’; and 

22 (iii) in paragraph (3)— 

23 (I) in the matter preceding sub24 paragraph (A), by striking ‘‘19’’; 

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1 (II) by striking subparagraph 

2 (A); 

3 (III) by redesignating subpara4 graphs (B) and (C) as subparagraphs 

5 (A) and (B), respectively; 

6 (IV) in subparagraph (B) (as re7 designated by subclause (III)), by 

8 striking the second sentence; and 

9 (V) by inserting after subpara10 graph (B) (as redesignated by sub11 clause (III)) the following: 

12 ‘‘(C) The remaining members shall be— 

13 ‘‘(i) appointed by the Secretary, based 

14 on recommendations from each member of 

15 the House of Representatives, the district of 

16 which encompasses the Corridor; and 

17 ‘‘(ii) persons that are residents of, or 

18 employed within, the applicable congres19 sional districts.’’; 

20 (B) in subsection (f), by striking ‘‘Fourteen 

21 members of the Commission’’ and inserting ‘‘A 

22 majority of the serving Commissioners’’; 

23 (C) in subsection (g), by striking ‘‘14 of its 

24 members’’ and inserting ‘‘a majority of the serv25 ing Commissioners’’; 

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1 (D) in subsection (h), by striking paragraph 

2 (4) and inserting the following: 

3 ‘‘(4)(A) to appoint any staff that may be nec4 essary to carry out the duties of the Commission, sub5 ject to the provisions of title 5, United States Code, 

6 relating to appointments in the competitive service; 

7 and 

8 ‘‘(B) to fix the compensation of the staff, in ac9 cordance with the provisions of chapter 51 and sub10 chapter III of chapter 53 of title 5, United States 

11 Code, relating to the classification of positions and 

12 General Schedule pay rates;’’; and 

13 (E) in subsection (j), by striking ‘‘10 years’’ 

14 and inserting ‘‘15 years’’; 

15 (2) in section 807— 

16 (A) in subsection (e), by striking ‘‘with re17 gard to the preparation and approval of the 

18 Canalway Plan’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(f) OPERATIONAL ASSISTANCE.—Subject to the avail21 ability of appropriations, the Superintendent of Saratoga 

22 National Historical Park may, on request, provide to public 

23 and private organizations in the Corridor (including the 

24 Commission) any operational assistance that is appromstockstill on PROD1PC66 with BILLS

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1 priate to assist with the implementation of the Canalway 

2 Plan.’’; and 

3 (3) in section 810(a)(1), in the first sentence, by 

4 striking ‘‘any fiscal year’’ and inserting ‘‘any fiscal 

5 year, to remain available until expended’’. 

6 SEC. 3002. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY 

7 NATIONAL HERITAGE CORRIDOR. 

8 Section 3(b)(2) of Public Law 99–647 (16 U.S.C. 461 

9 note; 100 Stat. 3626, 120 Stat. 1857) is amended— 

10 (1) by striking ‘‘shall be the the’’ and inserting 

11 ‘‘shall be the’’; and 

12 (2) by striking ‘‘Directors from Massachusetts 

13 and Rhode Island;’’ and inserting ‘‘Directors from 

14 Massachusetts and Rhode Island, ex officio, or their 

15 delegates;’’. 

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Calendar No. 813 

110TH CONGRESS 

2D SESSION H. R. 1483 

[Report No. 110

–381] 

AN ACT 

To amend the Omnibus Parks and Public Lands 

for other purposes. ization for certain national heritage areas, and Management Act of 1996 to extend the authorJUNE 16, 2008 

Reported with an amendment 

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