IIB 

110TH CONGRESS 

1ST SESSION H. R. 1483 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 25, 2007 

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

Resources 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Heritage Act’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents is as follows: 

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. 


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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. 

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 


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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. 

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— 


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1 (1) conduct an evaluation of the accomplish2 ments of the National Heritage Area; and 

3 (2) prepare a report in accordance with sub4 section (c). 

5 (b) EVALUATION.—An evaluation conducted under 

6 subsection (a)(1) shall— 

7 (1) assess the progress of the local management 

8 entity with respect to— 

9 (A) accomplishing the purposes of the au10 thorizing legislation for the National Heritage 

11 Area; and 

12 (B) achieving the goals and objectives of 

13 the approved management plan for the National 

14 Heritage Area; 

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

16 Tribal, and local government and private entities in 

17 each National Heritage Area to determine the im18 pact of the investments; and 

19 (3) review the management structure, partner20 ship relationships, and funding of the National Her21 itage Area for purposes of identifying the critical 

22 components for sustainability of the National Herit23 age Area. 

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

25 under subsection (a)(1), the Secretary shall submit a reVerDate Aug 31 2005 01:43 Oct 26, 2007 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1483.RFS H1483

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1 port to the Committee on Natural Resources of the United 

2 States House of Representatives and the Committee on 

3 Energy and Natural Resources of the Senate. The report 

4 shall include recommendations for the future role of the 

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

6 Heritage Area. 

7 TITLE II—ESTABLISHMENT OF 

8 NATIONAL HERITAGE AREAS 

9 Subtitle A—Journey Through Hal10 lowed Ground National Herit11 age Area 

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

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

14 ‘‘Journey Through Hallowed Ground National Heritage 

15 Area Act’’. 

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

17 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. 

18 SEC. 2002. 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 study entitled ‘‘The Journey 

4 Through Hallowed Ground National Heritage Area 

5 Feasibility Study’’ dated September 2006; 

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

7 the legacy of the American history created along the 

8 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 the creation of America, including Native 

15 American, Colonial American, European American, 

16 and African American heritage; 

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

18 Civil War on the civilian population of the National 

19 Heritage Area during the war and post-war recon20 struction period; 

21 (6) to enhance a cooperative management 

22 framework to assist the Commonwealth of Virginia, 

23 the State of Maryland, the Commonwealth of Penn24 sylvania, the State of West Virginia, and their units 

25 of local government, the private sector, and citizens 


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1 residing in the National Heritage Area in con2 serving, supporting, enhancing, and interpreting the 

3 significant historic, cultural and recreational sites in 

4 the National Heritage Area; and 

5 (7) to provide appropriate linkages among units 

6 of the National Park System within and surrounding 

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

8 interpret resources outside of park boundaries. 

9 SEC. 2003. DEFINITIONS. 

10 In this subtitle— 

11 (1) NATIONAL HERITAGE AREA.—The term 

12 ‘‘National Heritage Area’’ means the Journey 

13 Through Hallowed Ground National Heritage Area 

14 established in this subtitle. 

15 (2) LOCAL COORDINATING ENTITY.—The term 

16 ‘‘local coordinating entity’’ means the Journey 

17 Through Hallowed Ground Partnership, a Virginia 

18 non-profit, which is hereby designated by Con19 gress— 

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

21 the management plan for the National Heritage 

22 Area; and 

23 (B) to act as a catalyst for the implemen24 tation of projects and programs among diverse 

25 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. 2004. DESIGNATION OF THE JOURNEY THROUGH HAL11 LOWED GROUND NATIONAL HERITAGE AREA. 

12 (a) ESTABLISHMENT.—There is hereby established 

13 the Journey Through Hallowed Ground National Heritage 

14 Area. 

15 (b) BOUNDARIES.— 

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

17 consist of the 175-mile region generally following the 

18 Route 15 corridor and surrounding areas from 

19 Adams County, Pennsylvania, through Frederick 

20 County, Maryland, including the Heart of the Civil 

21 War Maryland State Heritage Area, looping through 

22 Brunswick, Maryland, to Harpers Ferry, West Vir23 ginia, back through Loudoun County, Virginia, to 

24 the Route 15 corridor and surrounding areas encom25 passing portions of Loudoun and Prince William 


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1 Counties, Virginia, then Fauquier County, Virginia, 

2 portions of Spotsylvania and Madison Counties, Vir3 ginia, and Culpepper, Rappahannock, Orange, and 

4 Albemarle Counties, Virginia. 

5 (2) MAP.—The boundaries of the National Her6 itage Area shall include all of those lands and inter7 ests as generally depicted on the map titled ‘‘Jour8 ney Through Hallowed Ground National Heritage 

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

10 2006. The map shall be on file and available to the 

11 public in the appropriate offices of the National 

12 Park Service and the local coordinating entity. 

13 SEC. 2005. MANAGEMENT PLAN. 

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

15 National Heritage Area shall— 

16 (1) describe comprehensive policies, goals, strat17 egies, and recommendations for telling the story of 

18 the heritage of the area covered by the National 

19 Heritage Area and encouraging long-term resource 

20 protection, enhancement, interpretation, funding, 

21 management, and development of the National Her22 itage Area; 

23 (2) include a description of actions and commit24 ments that Federal, State, Tribal, and local govern25 ments, private organizations, and citizens will take 


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1 to protect, enhance, interpret, fund, manage, and de2 velop the natural, historical, cultural, educational, 

3 scenic, and recreational resources of the National 

4 Heritage Area; 

5 (3) specify existing and potential sources of 

6 funding or economic development strategies to pro7 tect, enhance, interpret, fund, manage, and develop 

8 the National Heritage Area; 

9 (4) include an inventory of the natural, histor10 ical, cultural, educational, scenic, and recreational 

11 resources of the National Heritage Area related to 

12 the national importance and themes of the National 

13 Heritage Area that should be protected, enhanced, 

14 interpreted, managed, funded, and developed; 

15 (5) recommend policies and strategies for re16 source management, including the development of 

17 intergovernmental and interagency agreements to 

18 protect, enhance, interpret, fund, manage, and de19 velop the natural, historical, cultural, educational, 

20 scenic, and recreational resources of the National 

21 Heritage Area; 

22 (6) describe a program for implementation for 

23 the management plan, including— 

24 (A) performance goals; 


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1 (B) plans for resource protection, enhance2 ment, interpretation, funding, management, and 

3 development; and 

4 (C) specific commitments for implementa5 tion that have been made by the local coordi6 nating entity or any Federal, State, Tribal or 

7 local government agency, organization, busi8 ness, or individual; 

9 (7) include an analysis of, and recommenda10 tions for, means by which Federal, State, Tribal, 

11 and local programs may best be coordinated (includ12 ing the role of the National Park Service and other 

13 Federal agencies associated with the National Herit14 age Area) to further the purposes of this subtitle; 

15 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 contained 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 Na25 tional Heritage Area. 


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1 (b) DEADLINE.— 

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

3 the date on which funds are first made available to 

4 develop the management plan after designation as a 

5 National Heritage Area, the local coordinating entity 

6 shall submit the management plan to the Secretary 

7 for approval. 

8 (2) TERMINATION OF FUNDING.—If the man9 agement plan is not submitted to the Secretary in 

10 accordance with paragraph (1), the local coordi11 nating entity shall not qualify for any additional fi12 nancial assistance under this subtitle until such time 

13 as the management plan is submitted to and ap14 proved by the Secretary. 

15 (c) APPROVAL OF MANAGEMENT PLAN.— 

16 (1) REVIEW.—Not later than 180 days after re17 ceiving the plan, the Secretary shall review and ap18 prove or disapprove the management plan for a Na19 tional Heritage Area on the basis of the criteria es20 tablished under paragraph (3). 

21 (2) CONSULTATION.—The Secretary shall con22 sult with the Governor of each State in which the 

23 National Heritage Area is located before approving 

24 a management plan for the National Heritage Area. 


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1 (3) CRITERIA FOR APPROVAL.—In determining 

2 whether to approve a management plan for a Na3 tional Heritage Area, the Secretary shall consider 

4 whether— 

5 (A) the local coordinating entity represents 

6 the diverse interests of the National Heritage 

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

8 governments, natural, and historic resource pro9 tection organizations, educational institutions, 

10 businesses, recreational organizations, commu11 nity residents, and private property owners; 

12 (B) the local coordinating entity— 

13 (i) has afforded adequate opportunity 

14 for public and Federal, State, Tribal, and 

15 local governmental involvement (including 

16 through workshops and hearings) in the 

17 preparation of the management plan; and 

18 (ii) provides for at least semiannual 

19 public meetings to ensure adequate imple20 mentation of the management plan; 

21 (C) the resource protection, enhancement, 

22 interpretation, funding, management, and de23 velopment strategies described in the manage24 ment plan, if implemented, would adequately 

25 protect, enhance, interpret, fund, manage, and 


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1 develop the natural, historic, cultural, edu2 cational, scenic, and recreational resources of 

3 the National Heritage Area; 

4 (D) the management plan would not ad5 versely affect any activities authorized on Fed6 eral land under public land laws or land use 

7 plans; 

8 (E) the local coordinating entity has dem9 onstrated the financial capability, in partner10 ship with others, to carry out the plan; 

11 (F) the Secretary has received adequate 

12 assurances from the appropriate State, Tribal, 

13 and local officials whose support is needed to 

14 ensure the effective implementation of the 

15 State, Tribal, and local elements of the manage16 ment plan; and 

17 (G) the management plan demonstrates 

18 partnerships among the local coordinating enti19 ty, Federal, State, Tribal, and local govern20 ments, regional planning organizations, non21 profit organizations, or private sector parties 

22 for implementation of the management plan. 

23 (4) DISAPPROVAL.— 

24 (A) IN GENERAL.—If the Secretary dis25 approves the management plan, the Secretary— 


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1 (i) shall advise the local coordinating 

2 entity in writing of the reasons for the dis3 approval; and 

4 (ii) may make recommendations to the 

5 local coordinating entity for revisions to 

6 the management plan. 

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

8 after receiving a revised management plan, the 

9 Secretary shall approve or disapprove the re10 vised management plan. 

11 (5) AMENDMENTS.— 

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

13 management plan that substantially alters the 

14 purposes of the National Heritage Area shall be 

15 reviewed by the Secretary and approved or dis16 approved in the same manner as the original 

17 management plan. 

18 (B) IMPLEMENTATION.—The local coordi19 nating entity shall not use Federal funds au20 thorized by this subtitle to implement an 

21 amendment to the management plan until the 

22 Secretary approves the amendment. 

23 (6) AUTHORITIES.—The Secretary may— 

24 (A) provide technical assistance under the 

25 authority of this subtitle for the development 


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1 and implementation of the management plan; 

2 and 

3 (B) enter into cooperative agreements with 

4 interested parties to carry out this subtitle. 

5 SEC. 2006. EVALUATION; REPORT. 

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

7 date on which authority for Federal funding terminates 

8 for the National Heritage Area under this subtitle, the 

9 Secretary shall— 

10 (1) conduct an evaluation of the accomplish11 ments of the National Heritage Area; and 

12 (2) prepare a report in accordance with sub13 section (c). 

14 (b) EVALUATION.—An evaluation conducted under 

15 subsection (a)(1) shall— 

16 (1) assess the progress of the local coordinating 

17 entity with respect to— 

18 (A) accomplishing the purposes of the au19 thorizing legislation for the National Heritage 

20 Area; and 

21 (B) achieving the goals and objectives of 

22 the approved management plan for the National 

23 Heritage Area; 

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

25 and private investments in the National Heritage 


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1 Area to determine the impact of the investments; 

2 and 

3 (3) review the management structure, partner4 ship relationships, and funding of the National Her5 itage Area for purposes of identifying the critical 

6 components for sustainability of the National Herit7 age Area. 

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

9 under subsection (a)(1), the Secretary shall submit a re10 port to the Committee on Natural Resources of the United 

11 States House of Representatives and the Committee on 

12 Energy and Natural Resources of the United States Sen13 ate. The report shall include recommendations for the fu14 ture role of the National Park Service, if any, with respect 

15 to the National Heritage Area. 

16 SEC. 2007. LOCAL COORDINATING ENTITY. 

17 (a) DUTIES.—To further the purposes of the Na18 tional Heritage Area, the Journey Through Hallowed 

19 Ground Partnership, as the local coordinating entity, 

20 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; and 

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

22 National Heritage Area. 

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

24 and implementing the approved management plan for the 


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1 National Heritage Area, the local coordinating entity may 

2 use Federal funds made available under this subtitle to— 

3 (1) make grants to political jurisdictions, non4 profit organizations, and other parties within the 

5 National Heritage Area; 

6 (2) enter into cooperative agreements with or 

7 provide technical assistance to political jurisdictions, 

8 nonprofit organizations, Federal agencies, and other 

9 interested parties; 

10 (3) hire and compensate staff, including individ11 uals 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, 

19 including other Federal programs; 

20 (5) contract for goods or services; and 

21 (6) support activities of partners and any other 

22 activities that further the purposes of the National 

23 Heritage Area and are consistent with the approved 

24 management plan. 


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1 (c) PROHIBITION ON ACQUISITION OF REAL PROP2 ERTY.—The local coordinating entity may not use Federal 

3 funds authorized under this subtitle to acquire any inter4 est in real property. 

5 SEC. 2008. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

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

7 the authority of a Federal agency to provide technical or 

8 financial assistance under any other law. 

9 (b) CONSULTATION AND COORDINATION.—The head 

10 of any Federal agency planning to conduct activities that 

11 may have an impact on a National Heritage Area is en12 couraged to consult and coordinate the activities with the 

13 Secretary and the local coordinating entity to the max14 imum extent practicable. 

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

16 subtitle— 

17 (1) modifies, alters, or amends any law or regu18 lation authorizing a Federal agency to manage Fed19 eral land under the jurisdiction of the Federal agen20 cy; 

21 (2) limits the discretion of a Federal land man22 ager to implement an approved land use plan within 

23 the boundaries of a National 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. 2009. PRIVATE PROPERTY AND REGULATORY PROTEC5 TIONS. 

6 Nothing in this subtitle— 

7 (1) abridges the rights of any property owner 

8 (whether public or private), including the right to re9 frain from participating in any plan, project, pro10 gram, or activity conducted within the National Her11 itage Area; 

12 (2) requires any property owner to permit pub13 lic access (including access by Federal, State, Tribal, 

14 or local agencies) to the property of the property 

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

16 of the property owner under any other Federal, 

17 State, Tribal, or local law; 

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

19 approved land use plan, or other regulatory author20 ity (such as the authority to make safety improve21 ments or increase the capacity of existing roads or 

22 to construct new roads) of any Federal, State, Trib23 al, or local agency, or conveys any land use or other 

24 regulatory authority to any local coordinating entity, 

25 including but not necessarily limited to development 


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1 and management of energy or water or water-related 

2 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. 2010. 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 

24 shall be not more than 50 percent; the non-Federal conVerDate Aug 31 2005 01:43 Oct 26, 2007 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1483.RFS H1483

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

2 goods or services fairly valued. 

3 SEC. 2011. 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 other laws for the purposes for which those funds were 

8 authorized. 

9 SEC. 2012. 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 B—Niagara Falls National 

14 Heritage Area 

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

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

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

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

19 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. 


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1 SEC. 2022. PURPOSES. 

2 (a) The purposes of this subtitle include— 

3 (1) to recognize the national importance of the 

4 natural and cultural legacies of the area, as dem5 onstrated in the National Park Service study report 

6 entitled ‘‘Niagara National Heritage Area Study’’ 

7 dated 2005; 

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

9 the natural, scenic, cultural, and historic resources 

10 within the National Heritage Area; 

11 (3) to promote heritage, cultural and rec12 reational tourism and to develop educational and 

13 cultural programs for visitors and the general public; 

14 (4) to recognize and interpret important events 

15 and geographic locations representing key develop16 ments in American history and culture, including 

17 Native American, Colonial American, European 

18 American, and African American heritage; 

19 (5) to enhance a cooperative management 

20 framework to assist State, local, and Tribal govern21 ments, the private sector, and citizens residing in 

22 the National Heritage Area in conserving, sup23 porting, enhancing, and interpreting the significant 

24 historic, cultural, and recreational sites in the Na25 tional Heritage Area; 


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

2 development of hydroelectric power in the United 

3 States and its role in developing the American econ4 omy; and 

5 (7) to provide appropriate linkages among units 

6 of the National Park System within and surrounding 

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

8 interpret resources outside of park boundaries. 

9 SEC. 2023. DEFINITIONS. 

10 In this subtitle— 

11 (1) NATIONAL HERITAGE AREA.—The term 

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

13 National Heritage Area established in this subtitle. 

14 (2) LOCAL COORDINATING ENTITY.—The term 

15 ‘‘local coordinating entity’’ means the local coordi16 nating entity for the National Heritage Area des17 ignated pursuant to this subtitle. 

18 (3) MANAGEMENT PLAN.—The term ‘‘manage19 ment plan’’ means the plan prepared by the local co20 ordinating entity for the National Heritage Area 

21 that specifies actions, policies, strategies, perform22 ance goals, and recommendations to meet the goals 

23 of the National Heritage Area, in accordance with 

24 this subtitle. 


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

2 the Secretary of the Interior. 

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

4 means the Niagara Falls National Heritage Area 

5 Commission established under this subtitle. 

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

7 the Governor of the State of New York. 

8 SEC. 2024. DESIGNATION OF THE NIAGARA FALLS NA9 TIONAL HERITAGE AREA. 

10 (a) ESTABLISHMENT.—There is hereby established 

11 the Niagara Falls National Heritage Area. 

12 (b) BOUNDARIES.— 

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

14 shall consist of the area from the western boundary 

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

16 the mouth of the Niagara River on Lake Ontario, in17 cluding the city of Niagara Falls, New York, the vil18 lages of Youngstown and Lewiston, New York, land 

19 and water within the boundaries of the Heritage 

20 Area in Niagara County, New York, and any addi21 tional thematically related sites within Erie and Ni22 agara Counties, New York, that are identified in the 

23 management plan developed under this subtitle. 

24 (2) MAP.—The boundaries of the National Her25 itage Area shall be as generally depicted on the map 


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

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

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

4 the appropriate offices of the National Park Service 

5 and the local coordinating entity. 

6 SEC. 2025. MANAGEMENT PLAN. 

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

8 National Heritage Area shall— 

9 (1) describe comprehensive policies, goals, strat10 egies, and recommendations for telling the story of 

11 the heritage of the area covered by the National 

12 Heritage Area and encouraging long-term resource 

13 protection, enhancement, interpretation, funding, 

14 management, and development of the National Her15 itage Area; 

16 (2) include a description of actions and commit17 ments that Federal, State, Tribal, and local govern18 ments, private organizations, and citizens will take 

19 to protect, enhance, interpret, fund, manage, and de20 velop the natural, historical, cultural, educational, 

21 scenic, and recreational resources of the National 

22 Heritage Area; 

23 (3) specify existing and potential sources of 

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1 tect, enhance, interpret, fund, manage, and develop 

2 the National Heritage Area; 

3 (4) include an inventory of the natural, histor4 ical, cultural, educational, scenic, and recreational 

5 resources of the National Heritage Area related to 

6 the national importance and themes of the National 

7 Heritage Area that should be protected, enhanced, 

8 interpreted, managed, funded, and developed; 

9 (5) recommend policies and strategies for re10 source management, including the development of 

11 intergovernmental and interagency agreements to 

12 protect, enhance, interpret, fund, manage, and de13 velop the natural, historical, cultural, educational, 

14 scenic, and recreational resources of the National 

15 Heritage Area; 

16 (6) describe a program for implementation for 

17 the management plan, including— 

18 (A) performance goals; 

19 (B) plans for resource protection, enhance20 ment, interpretation, funding, management, and 

21 development; and 

22 (C) specific commitments for implementa23 tion that have been made by the local coordi24 nating entity or any Federal, State, Tribal, or 


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1 local government agency, organization, busi2 ness, or individual; 

3 (7) include an analysis of, and recommenda4 tions for, means by which Federal, State, Tribal, 

5 and local programs may best be coordinated (includ6 ing the role of the National Park Service and other 

7 Federal agencies associated with the National Herit8 age Area) to further the purposes of this subtitle; 

9 and 

10 (8) include a business plan that— 

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

12 and functions of the local coordinating entity 

13 and of each of the major activities contained in 

14 the management plan; and 

15 (B) provides adequate assurances that the 

16 local coordinating entity has the partnerships 

17 and financial and other resources necessary to 

18 implement the management plan for the Na19 tional Heritage Area. 

20 (b) DEADLINE.— 

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

22 the date on which funds are first made available to 

23 develop the management plan after designation as a 

24 National Heritage Area, the local coordinating entity 


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1 shall submit the management plan to the Secretary 

2 for approval. 

3 (2) TERMINATION OF FUNDING.—If the man4 agement plan is not submitted to the Secretary in 

5 accordance with paragraph (1), the local coordi6 nating entity shall not qualify for any additional fi7 nancial assistance under this subtitle until such time 

8 as the management plan is submitted to and ap9 proved by the Secretary. 

10 (c) APPROVAL OF MANAGEMENT PLAN.— 

11 (1) REVIEW.—Not later than 180 days after re12 ceiving the plan, the Secretary shall review and ap13 prove or disapprove the management plan for a Na14 tional Heritage Area on the basis of the criteria es15 tablished under paragraph (3). 

16 (2) CONSULTATION.—The Secretary shall con17 sult with the Governor before approving a manage18 ment plan for the National Heritage Area. 

19 (3) CRITERIA FOR APPROVAL.—In determining 

20 whether to approve a management plan for a Na21 tional Heritage Area, the Secretary shall consider 

22 whether— 

23 (A) the local coordinating entity represents 

24 the diverse interests of the National Heritage 

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


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1 governments, natural and historic resource pro2 tection organizations, educational institutions, 

3 businesses, recreational organizations, commu4 nity residents, and private property owners; 

5 (B) the local coordinating entity— 

6 (i) has afforded adequate opportunity 

7 for public and Federal, State, Tribal, and 

8 local governmental involvement (including 

9 through workshops and hearings) in the 

10 preparation of the management plan; and 

11 (ii) provides for at least semiannual 

12 public meetings to ensure adequate imple13 mentation of the management plan; 

14 (C) the resource protection, enhancement, 

15 interpretation, funding, management, and de16 velopment strategies described in the manage17 ment plan, if implemented, would adequately 

18 protect, enhance, interpret, fund, manage, and 

19 develop the natural, historic, cultural, edu20 cational, scenic, and recreational resources of 

21 the National Heritage Area; 

22 (D) the management plan would not ad23 versely affect any activities authorized on Fed24 eral land under public land laws or land use 

25 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 

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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, FrankVerDate Aug 31 2005 01:43 Oct 26, 2007 Jkt 069200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H1483.RFS H1483

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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 

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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 

24 shall be not more than 50 percent; the non-Federal conVerDate Aug 31 2005 01:43 Oct 26, 2007 Jkt 069200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H1483.RFS H1483

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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, preVerDate Aug 31 2005 01:43 Oct 26, 2007 Jkt 069200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H1483.RFS H1483

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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 

20 Santa Cruz Valley National Heritage Area’’ preVerDate Aug 31 2005 01:43 Oct 26, 2007 Jkt 069200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H1483.RFS H1483

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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 

25 heritage of the United States worthy of recogniVerDate Aug 31 2005 01:43 Oct 26, 2007 Jkt 069200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H1483.RFS H1483

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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. 

Passed the House of Representatives October 24, 

2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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