IB 

Union Calendar No. 242 

110TH CONGRESS 

1ST SESSION H. R. 1483 

[Report No. 110–388] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2007 

Mr. REGULA (for himself, Mr. TIERNEY, Mr. MCNULTY, Mr. DOYLE, Mr. 

RYAN of Ohio, Mr. HALL of New York, Mr. SPACE, Mr. BROWN of South 

Carolina, Mr. BOSWELL, Mr. WAMP, Ms. KAPTUR, Mr. LATHAM, Mr. 

GORDON of Tennessee, Mr. HINCHEY, Mr. MEEHAN, Ms. SUTTON, Mr. 

BRALEY of Iowa, and Mr. WILSON of South Carolina) introduced the following bill; which was referred to the Committee on Natural Resources 

OCTOBER 18, 2007 

Additional sponsors: Mr. CLYBURN, Mr. BARRETT of South Carolina, Mrs. 

JONES of Ohio, Mr. LATOURETTE, and Mr. KUCINICH

OCTOBER 18, 2007 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on March 12, 2007] 

A BILL 

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. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Heritage Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents is as follows: 

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. 


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Subtitle C—Muscle Shoals National Heritage Area 

Sec. 2041. Short title; table of contents. 

Sec. 2042. Purposes. 

Sec. 2043. Definitions. 

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

Sec. 2045. Management plan. 

Sec. 2046. Evaluation; report. 

Sec. 2047. Local coordinating entity. 

Sec. 2048. Relationship to other Federal agencies. 

Sec. 2049. Private property and regulatory protections. 

Sec. 2050. Authorization of appropriations. 

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

Sec. 2052. Sunset for grants and other assistance. 

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. 


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

Sec. 2122. Sunset for grants and other assistance. 

TITLE III—STUDY 

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

TITLE IV—TECHNICAL CORRECTIONS AND ADDITIONS 

Sec. 4001. National Coal Heritage Area technical corrections. 

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

Sec. 4003. South Carolina National Heritage Corridor addition. 

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

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. 

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 U.S.C. 

7 461 note) is amended in each of sections 108(a), 209(a), 

8 311(a), 409(a), 508(a), 608(a), 708(a), 810(a) (as redesig9 nated by this Act), and 909(c), by striking ‘‘$10,000,000’’ 

10 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 the 

13 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 impact 

18 of the investments; and 

19 (3) review the management structure, partner20 ship relationships, and funding of the National Herit21 age Area for purposes of identifying the critical com22 ponents for sustainability of the National Heritage 

23 Area. 

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

25 under subsection (a)(1), the Secretary shall submit a report 


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1 to the Committee on Natural Resources of the United States 

2 House of Representatives and the Committee on Energy and 

3 Natural Resources of the Senate. The report shall include 

4 recommendations for the future role of the National Park 

5 Service, if any, with respect to the National Heritage Area. 

6 TITLE II—ESTABLISHMENT OF 

7 NATIONAL HERITAGE AREAS 

8 Subtitle A—Journey Through Hal9 lowed Ground National Heritage 

10 Area 

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

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

13 ‘‘Journey Through Hallowed Ground National Heritage 

14 Area Act’’. 

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

16 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. 

17 SEC. 2002. PURPOSES. 

18 (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 Through 

4 Hallowed Ground National Heritage Area Feasibility 

5 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 cul11 tural 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 frame22 work to assist the Commonwealth of Virginia, the 

23 State of Maryland, the Commonwealth of Pennsyl24 vania, the State of West Virginia, and their units of 

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1 siding in the National Heritage Area in conserving, 

2 supporting, enhancing, and interpreting the signifi3 cant historic, cultural and recreational sites in the 

4 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 ‘‘Na12 tional Heritage Area’’ means the Journey Through 

13 Hallowed Ground National Heritage Area established 

14 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 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 implementa23 tion 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 that 

4 specifies actions, policies, strategies, performance 

5 goals, and recommendations to meet the goals of the 

6 National Heritage Area, in accordance with this sub7 title. 

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 the 

13 Journey Through Hallowed Ground National Heritage 

14 Area. 

15 (b) BOUNDARIES.— 

16 (1) IN GENERAL.—The Heritage Area shall con17 sist 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 the 

24 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 Herit6 age Area shall include all of those lands and interests 

7 as generally depicted on the map titled ‘‘Journey 

8 Through Hallowed Ground National Heritage Area’’, 

9 numbered P90/80,000, and dated October 2006. The 

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

11 appropriate offices of the National Park Service and 

12 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, strate17 gies, and recommendations for telling the story of the 

18 heritage of the area covered by the National Heritage 

19 Area and encouraging long-term resource protection, 

20 enhancement, interpretation, funding, management, 

21 and development of the National Heritage Area; 

22 (2) include a description of actions and commit23 ments that Federal, State, Tribal, and local govern24 ments, private organizations, and citizens will take to 

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


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1 the natural, historical, cultural, educational, scenic, 

2 and recreational resources of the National Heritage 

3 Area; 

4 (3) specify existing and potential sources of 

5 funding or economic development strategies to protect, 

6 enhance, interpret, fund, manage, and develop the Na7 tional Heritage Area; 

8 (4) include an inventory of the natural, histor9 ical, cultural, educational, scenic, and recreational re10 sources of the National Heritage Area related to the 

11 national importance and themes of the National Her12 itage Area that should be protected, enhanced, inter13 preted, managed, funded, and developed; 

14 (5) recommend policies and strategies for re15 source management, including the development of 

16 intergovernmental and interagency agreements to pro17 tect, enhance, interpret, fund, manage, and develop 

18 the natural, historical, cultural, educational, scenic, 

19 and recreational resources of the National Heritage 

20 Area; 

21 (6) describe a program for implementation for 

22 the management plan, including— 

23 (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, business, 

8 or individual; 

9 (7) include an analysis of, and recommendations 

10 for, means by which Federal, State, Tribal, and local 

11 programs may best be coordinated (including the role 

12 of the National Park Service and other Federal agen13 cies associated with the National Heritage Area) to 

14 further the purposes of this subtitle; and 

15 (8) include a business plan that— 

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

17 and functions of the local coordinating entity 

18 and of each of the major activities contained in 

19 the management plan; and 

20 (B) provides adequate assurances that the 

21 local coordinating entity has the partnerships 

22 and financial and other resources necessary to 

23 implement the management plan for the Na24 tional Heritage Area. 

25 (b) DEADLINE.— 


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

2 the date on which funds are first made available to 

3 develop the management plan after designation as a 

4 National Heritage Area, the local coordinating entity 

5 shall submit the management plan to the Secretary 

6 for approval. 

7 (2) TERMINATION OF FUNDING.—If the manage8 ment plan is not submitted to the Secretary in ac9 cordance with paragraph (1), the local coordinating 

10 entity shall not qualify for any additional financial 

11 assistance under this subtitle until such time as the 

12 management plan is submitted to and approved by 

13 the Secretary. 

14 (c) APPROVAL OF MANAGEMENT PLAN.— 

15 (1) REVIEW.—Not later than 180 days after re16 ceiving the plan, the Secretary shall review and ap17 prove or disapprove the management plan for a Na18 tional Heritage Area on the basis of the criteria estab19 lished under paragraph (3). 

20 (2) CONSULTATION.—The Secretary shall consult 

21 with the Governor of each State in which the National 

22 Heritage Area is located before approving a manage23 ment plan for the National Heritage Area. 

24 (3) CRITERIA FOR APPROVAL.—In determining 

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1 tional Heritage Area, the Secretary shall consider 

2 whether— 

3 (A) the local coordinating entity represents 

4 the diverse interests of the National Heritage 

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

6 governments, natural, and historic resource pro7 tection organizations, educational institutions, 

8 businesses, recreational organizations, commu9 nity residents, and private property owners; 

10 (B) the local coordinating entity— 

11 (i) has afforded adequate opportunity 

12 for public and Federal, State, Tribal, and 

13 local governmental involvement (including 

14 through workshops and hearings) in the 

15 preparation of the management plan; and 

16 (ii) provides for at least semiannual 

17 public meetings to ensure adequate imple18 mentation of the management plan; 

19 (C) the resource protection, enhancement, 

20 interpretation, funding, management, and devel21 opment strategies described in the management 

22 plan, if implemented, would adequately protect, 

23 enhance, interpret, fund, manage, and develop 

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1 nic, and recreational resources of the National 

2 Heritage Area; 

3 (D) the management plan would not ad4 versely affect any activities authorized on Fed5 eral land under public land laws or land use 

6 plans; 

7 (E) the local coordinating entity has dem8 onstrated the financial capability, in partner9 ship with others, to carry out the plan; 

10 (F) the Secretary has received adequate as11 surances from the appropriate State, Tribal, and 

12 local officials whose support is needed to ensure 

13 the effective implementation of the State, Tribal, 

14 and local elements of the management plan; and 

15 (G) the management plan demonstrates 

16 partnerships among the local coordinating enti17 ty, Federal, State, Tribal, and local governments, 

18 regional planning organizations, nonprofit orga19 nizations, or private sector parties for implemen20 tation of the management plan. 

21 (4) DISAPPROVAL.— 

22 (A) IN GENERAL.—If the Secretary dis23 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 the 

6 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 revised 

10 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 author20 ized by this subtitle to implement an amendment 

21 to the management plan until the Secretary ap22 proves the amendment. 

23 (6) AUTHORITIES.—The Secretary may— 


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1 (A) provide technical assistance under the 

2 authority of this subtitle for the development and 

3 implementation of the management plan; and 

4 (B) enter into cooperative agreements with 

5 interested parties to carry out this subtitle. 

6 SEC. 2006. EVALUATION; REPORT. 

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

8 date on which authority for Federal funding terminates for 

9 the National Heritage Area under this subtitle, the Sec10 retary shall— 

11 (1) conduct an evaluation of the accomplish12 ments of the National Heritage Area; and 

13 (2) prepare a report in accordance with sub14 section (c). 

15 (b) EVALUATION.—An evaluation conducted under 

16 subsection (a)(1) shall— 

17 (1) assess the progress of the local coordinating 

18 entity with respect to— 

19 (A) accomplishing the purposes of the au20 thorizing legislation for the National Heritage 

21 Area; and 

22 (B) achieving the goals and objectives of the 

23 approved management plan for the National 

24 Heritage Area; 


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1 (2) analyze the Federal, State, Tribal, local, and 

2 private investments in the National Heritage Area to 

3 determine the impact of the investments; and 

4 (3) review the management structure, partner5 ship relationships, and funding of the National Herit6 age Area for purposes of identifying the critical com7 ponents for sustainability of the National Heritage 

8 Area. 

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

10 under subsection (a)(1), the Secretary shall submit a report 

11 to the Committee on Natural Resources of the United States 

12 House of Representatives and the Committee on Energy and 

13 Natural Resources of the United States Senate. The report 

14 shall include recommendations for the future role of the Na15 tional Park Service, if any, with respect to the National 

16 Heritage Area. 

17 SEC. 2007. LOCAL COORDINATING ENTITY. 

18 (a) DUTIES.—To further the purposes of the National 

19 Heritage Area, the Journey Through Hallowed Ground 

20 Partnership, as the local coordinating entity, shall— 

21 (1) prepare a management plan for the National 

22 Heritage Area, and submit the management plan to 

23 the Secretary, in accordance with this subtitle; 

24 (2) submit an annual report to the Secretary for 

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1 ty receives Federal funds under this subtitle, speci2 fying— 

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

5 (B) the expenses and income of the local co6 ordinating entity; 

7 (C) the amounts and sources of matching 

8 funds; 

9 (D) the amounts leveraged with Federal 

10 funds and sources of the leveraging; and 

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

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

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

17 matching funds; and 

18 (4) encourage economic viability and sustain19 ability that is consistent with the purposes of the Na20 tional Heritage Area. 

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

22 implementing the approved management plan for the Na23 tional Heritage Area, the local coordinating entity may use 

24 Federal funds made available under this subtitle to— 


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1 (1) make grants to political jurisdictions, non2 profit organizations, and other parties within the Na3 tional Heritage Area; 

4 (2) enter into cooperative agreements with or 

5 provide technical assistance to political jurisdictions, 

6 nonprofit organizations, Federal agencies, and other 

7 interested parties; 

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

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

13 (B) economic and community development; 

14 and 

15 (C) heritage planning; 

16 (4) obtain funds or services from any source, in17 cluding other Federal programs; 

18 (5) contract for goods or services; and 

19 (6) support activities of partners and any other 

20 activities that further the purposes of the National 

21 Heritage Area and are consistent with the approved 

22 management plan. 

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


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1 funds authorized under this subtitle to acquire any interest 

2 in real property. 

3 SEC. 2008. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

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

5 authority of a Federal agency to provide technical or finan6 cial assistance under any other law. 

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

8 any Federal agency planning to conduct activities that may 

9 have an impact on a National Heritage Area is encouraged 

10 to consult and coordinate the activities with the Secretary 

11 and the local coordinating entity to the maximum extent 

12 practicable. 

13 (c) OTHER FEDERAL AGENCIES.—Nothing in this sub14 title— 

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

18 (2) limits the discretion of a Federal land man19 ager to implement an approved land use plan within 

20 the boundaries of a National Heritage Area; or 

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

22 use of Federal land under the jurisdiction of a Fed23 eral agency. 


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

3 Nothing in this subtitle— 

4 (1) abridges the rights of any property owner 

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

9 (2) requires any property owner to permit public 

10 access (including access by Federal, State, Tribal, or 

11 local agencies) to the property of the property owner, 

12 or to modify public access or use of property of the 

13 property owner under any other Federal, State, Trib14 al, or local law; 

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

16 approved land use plan, or other regulatory authority 

17 (such as the authority to make safety improvements 

18 or increase the capacity of existing roads or to con19 struct new roads) of any Federal, State, Tribal, or 

20 local agency, or conveys any land use or other regu21 latory authority to any local coordinating entity, in22 cluding but not necessarily limited to development 

23 and management of energy or water or water-related 

24 infrastructure; 

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


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1 (5) diminishes the authority of the State to man2 age fish and wildlife, including the regulation of fish3 ing and hunting within the National Heritage Area; 

4 or 

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

6 under any other law, of any private property owner 

7 with respect to any person injured on the private 

8 property. 

9 SEC. 2010. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject to 

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

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

13 fiscal year. Funds so appropriated shall remain available 

14 until expended. 

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

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

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

20 shall be not more than 50 percent; the non-Federal contribu21 tion may be in the form of in-kind contributions of goods 

22 or services fairly valued. 

23 SEC. 2011. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

24 Nothing in this subtitle shall preclude the local coordi25 nating entity from using Federal funds available under 


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1 other laws for the purposes for which those funds were au2 thorized. 

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

4 The authority of the Secretary to provide financial as5 sistance under this subtitle terminates on the date that is 

6 15 years after the date of enactment of this subtitle. 

7 Subtitle B—Niagara Falls National 

8 Heritage Area 

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

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

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

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

13 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. 

14 SEC. 2022. PURPOSES. 

15 (a) The purposes of this subtitle include— 

16 (1) to recognize the national importance of the 

17 natural and cultural legacies of the area, as dem18 onstrated in the National Park Service study report 


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1 entitled ‘‘Niagara National Heritage Area Study’’ 

2 dated 2005; 

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

4 the natural, scenic, cultural, and historic resources 

5 within the National Heritage Area; 

6 (3) to promote heritage, cultural and rec7 reational tourism and to develop educational and cul8 tural programs for visitors and the general public; 

9 (4) to recognize and interpret important events 

10 and geographic locations representing key develop11 ments in American history and culture, including 

12 Native American, Colonial American, European 

13 American, and African American heritage; 

14 (5) to enhance a cooperative management frame15 work to assist State, local, and Tribal governments, 

16 the private sector, and citizens residing in the Na17 tional Heritage Area in conserving, supporting, en18 hancing, and interpreting the significant historic, 

19 cultural, and recreational sites in the National Herit20 age Area; 

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

22 development of hydroelectric power in the United 

23 States and its role in developing the American econ24 omy; and 


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1 (7) to provide appropriate linkages among units 

2 of the National Park System within and surrounding 

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

4 interpret resources outside of park boundaries. 

5 SEC. 2023. DEFINITIONS. 

6 In this subtitle— 

7 (1) NATIONAL HERITAGE AREA.—The term ‘‘Na8 tional Heritage Area’’ means the Niagara Falls Na9 tional Heritage Area established in this subtitle. 

10 (2) LOCAL COORDINATING ENTITY.—The term 

11 ‘‘local coordinating entity’’ means the local coordi12 nating entity for the National Heritage Area des13 ignated pursuant to this subtitle. 

14 (3) MANAGEMENT PLAN.—The term ‘‘manage15 ment plan’’ means the plan prepared by the local co16 ordinating entity for the National Heritage Area that 

17 specifies actions, policies, strategies, performance 

18 goals, and recommendations to meet the goals of the 

19 National Heritage Area, in accordance with this sub20 title. 

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

22 the Secretary of the Interior. 

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

24 means the Niagara Falls National Heritage Area 

25 Commission established under this subtitle. 


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

2 the Governor of the State of New York. 

3 SEC. 2024. DESIGNATION OF THE NIAGARA FALLS NA4 TIONAL HERITAGE AREA. 

5 (a) ESTABLISHMENT.—There is hereby established the 

6 Niagara Falls National Heritage Area. 

7 (b) BOUNDARIES.— 

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

9 shall consist of the area from the western boundary of 

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

11 mouth of the Niagara River on Lake Ontario, includ12 ing the city of Niagara Falls, New York, the villages 

13 of Youngstown and Lewiston, New York, land and 

14 water within the boundaries of the Heritage Area in 

15 Niagara County, New York, and any additional the16 matically related sites within Erie and Niagara 

17 Counties, New York, that are identified in the man18 agement plan developed under this subtitle. 

19 (2) MAP.—The boundaries of the National Herit20 age Area shall be as generally depicted on the map ti21 tled ‘‘Niagara Falls National Heritage Area,’’ and 

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

23 shall be on file and available to the public in the ap24 propriate offices of the National Park Service and the 

25 local coordinating entity. 


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1 SEC. 2025. MANAGEMENT PLAN. 

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

3 National Heritage Area shall— 

4 (1) describe comprehensive policies, goals, strate5 gies, and recommendations for telling the story of the 

6 heritage of the area covered by the National Heritage 

7 Area and encouraging long-term resource protection, 

8 enhancement, interpretation, funding, management, 

9 and development of the National Heritage Area; 

10 (2) include a description of actions and commit11 ments that Federal, State, Tribal, and local govern12 ments, private organizations, and citizens will take to 

13 protect, enhance, interpret, fund, manage, and develop 

14 the natural, historical, cultural, educational, scenic, 

15 and recreational resources of the National Heritage 

16 Area; 

17 (3) specify existing and potential sources of 

18 funding or economic development strategies to protect, 

19 enhance, interpret, fund, manage, and develop the Na20 tional Heritage Area; 

21 (4) include an inventory of the natural, histor22 ical, cultural, educational, scenic, and recreational re23 sources of the National Heritage Area related to the 

24 national importance and themes of the National Her25 itage Area that should be protected, enhanced, inter26 preted, managed, funded, and developed; 


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1 (5) recommend policies and strategies for re2 source management, including the development of 

3 intergovernmental and interagency agreements to pro4 tect, enhance, interpret, fund, manage, and develop 

5 the natural, historical, cultural, educational, scenic, 

6 and recreational resources of the National Heritage 

7 Area; 

8 (6) describe a program for implementation for 

9 the management plan, including— 

10 (A) performance goals; 

11 (B) plans for resource protection, enhance12 ment, interpretation, funding, management, and 

13 development; and 

14 (C) specific commitments for implementa15 tion that have been made by the local coordi16 nating entity or any Federal, State, Tribal, or 

17 local government agency, organization, business, 

18 or individual; 

19 (7) include an analysis of, and recommendations 

20 for, means by which Federal, State, Tribal, and local 

21 programs may best be coordinated (including the role 

22 of the National Park Service and other Federal agen23 cies associated with the National Heritage Area) to 

24 further the purposes of this subtitle; and 

25 (8) include a business plan that— 


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

2 and functions of the local coordinating entity 

3 and of each of the major activities contained in 

4 the management plan; and 

5 (B) provides adequate assurances that the 

6 local coordinating entity has the partnerships 

7 and financial and other resources necessary to 

8 implement the management plan for the Na9 tional Heritage Area. 

10 (b) DEADLINE.— 

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

12 the date on which funds are first made available to 

13 develop the management plan after designation as a 

14 National Heritage Area, the local coordinating entity 

15 shall submit the management plan to the Secretary 

16 for approval. 

17 (2) TERMINATION OF FUNDING.—If the manage18 ment plan is not submitted to the Secretary in ac19 cordance with paragraph (1), the local coordinating 

20 entity shall not qualify for any additional financial 

21 assistance under this subtitle until such time as the 

22 management plan is submitted to and approved by 

23 the Secretary. 

24 (c) APPROVAL OF MANAGEMENT PLAN.— 


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1 (1) REVIEW.—Not later than 180 days after re2 ceiving the plan, the Secretary shall review and ap3 prove or disapprove the management plan for a Na4 tional Heritage Area on the basis of the criteria estab5 lished under paragraph (3). 

6 (2) CONSULTATION.—The Secretary shall consult 

7 with the Governor before approving a management 

8 plan for the National Heritage Area. 

9 (3) CRITERIA FOR APPROVAL.—In determining 

10 whether to approve a management plan for a Na11 tional Heritage Area, the Secretary shall consider 

12 whether— 

13 (A) the local coordinating entity represents 

14 the diverse interests of the National Heritage 

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

16 governments, natural and historic resource pro17 tection organizations, educational institutions, 

18 businesses, recreational organizations, commu19 nity residents, and private property owners; 

20 (B) the local coordinating entity— 

21 (i) has afforded adequate opportunity 

22 for public and Federal, State, Tribal, and 

23 local governmental involvement (including 

24 through workshops and hearings) in the 

25 preparation of the management plan; and 


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1 (ii) provides for at least semiannual 

2 public meetings to ensure adequate imple3 mentation of the management plan; 

4 (C) the resource protection, enhancement, 

5 interpretation, funding, management, and devel6 opment strategies described in the management 

7 plan, if implemented, would adequately protect, 

8 enhance, interpret, fund, manage, and develop 

9 the natural, historic, cultural, educational, sce10 nic, and recreational resources of the National 

11 Heritage Area; 

12 (D) the management plan would not ad13 versely affect any activities authorized on Fed14 eral land under public land laws or land use 

15 plans; 

16 (E) the local coordinating entity has dem17 onstrated the financial capability, in partner18 ship with others, to carry out the plan; 

19 (F) the Secretary has received adequate as20 surances from the appropriate State, Tribal, and 

21 local officials whose support is needed to ensure 

22 the effective implementation of the State, Tribal, 

23 and local elements of the management plan; and 

24 (G) the management plan demonstrates 

25 partnerships among the local coordinating entiVerDate Aug 31 2005 23:00 Oct 18, 2007 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 E:\BILLS\H1483.RH H1483

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1 ty, Federal, State, Tribal, and local governments, 

2 regional planning organizations, nonprofit orga3 nizations, or private sector parties for implemen4 tation of the management plan. 

5 (4) DISAPPROVAL.— 

6 (A) IN GENERAL.—If the Secretary dis7 approves the management plan, the Secretary— 

8 (i) shall advise the local coordinating 

9 entity in writing of the reasons for the dis10 approval; and 

11 (ii) may make recommendations to the 

12 local coordinating entity for revisions to the 

13 management plan. 

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

15 after receiving a revised management plan, the 

16 Secretary shall approve or disapprove the revised 

17 management plan. 

18 (5) AMENDMENTS.— 

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

20 management plan that substantially alters the 

21 purposes of the National Heritage Area shall be 

22 reviewed by the Secretary and approved or dis23 approved in the same manner as the original 

24 management plan. 


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1 (B) IMPLEMENTATION.—The local coordi2 nating entity shall not use Federal funds author3 ized by this subtitle to implement an amendment 

4 to the management plan until the Secretary ap5 proves the amendment. 

6 (6) AUTHORITIES.—The Secretary may— 

7 (A) provide technical assistance under the 

8 authority of this subtitle for the development and 

9 implementation of the management plan; and 

10 (B) enter into cooperative agreements with 

11 interested parties to carry out this subtitle 

12 SEC. 2026. EVALUATION; REPORT. 

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

14 date on which authority for Federal funding terminates for 

15 the National Heritage Area under this subtitle the Secretary 

16 shall— 

17 (1) conduct an evaluation of the accomplish18 ments of the National Heritage Area; and 

19 (2) prepare a report in accordance with sub20 section (c). 

21 (b) EVALUATION.—An evaluation conducted under 

22 subsection (a)(1) shall— 

23 (1) assess the progress of the local coordinating 

24 entity with respect to— 


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1 (A) accomplishing the purposes of the au2 thorizing legislation for the National Heritage 

3 Area; and 

4 (B) achieving the goals and objectives of the 

5 approved management plan for the National 

6 Heritage Area; 

7 (2) analyze the Federal, State, Tribal, and local, 

8 and private investments in the National Heritage 

9 Area to determine the impact of the investments; and 

10 (3) review the management structure, partner11 ship relationships, and funding of the National Herit12 age Area for purposes of identifying the critical com13 ponents for sustainability of the National Heritage 

14 Area. 

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

16 under subsection (a)(1), the Secretary shall submit a report 

17 to the Committee on Natural Resources of the United States 

18 House of Representatives and the Committee on Energy and 

19 Natural Resources of the United States Senate. The report 

20 shall include recommendations for the future role of the Na21 tional Park Service, if any, with respect to the National 

22 Heritage Area. 

23 SEC. 2027. LOCAL COORDINATING ENTITY. 

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

25 the Heritage Area shall be— 


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

2 of enactment of this subtitle, the Commission; and 

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

4 in subparagraph (1), a private nonprofit or govern5 mental organization designated by the Commission. 

6 (b) DUTIES.—To further the purposes of the National 

7 Heritage Area, the local coordinating entity, shall— 

8 (1) prepare a management plan for the National 

9 Heritage Area, and submit the management plan to 

10 the Secretary, in accordance with this subtitle; 

11 (2) submit an annual report to the Secretary for 

12 each fiscal year for which the local coordinating enti13 ty receives Federal funds under this subtitle, speci14 fying— 

15 (A) the specific performance goals and ac16 complishments of the local coordinating entity; 

17 (B) the expenses and income of the local co18 ordinating entity; 

19 (C) the amounts and sources of matching 

20 funds; 

21 (D) the amounts leveraged with Federal 

22 funds and sources of the leveraging; and 

23 (E) grants made to any other entities dur24 ing the fiscal year; 


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

2 for which the local coordinating entity receives Fed3 eral funds under this subtitle, all information per4 taining to the expenditure of the funds and any 

5 matching funds; 

6 (4) encourage economic viability and sustain7 ability that is consistent with the purposes of the Na8 tional Heritage Area; and 

9 (5) coordinate projects, activities, and programs 

10 with the Erie Canalway National Heritage Corridor. 

11 (c) AUTHORITIES.—For the purposes of preparing and 

12 implementing the approved management plan for the Na13 tional Heritage Area, the local coordinating entity may use 

14 Federal funds made available under this subtitle to— 

15 (1) make grants to political jurisdictions, non16 profit organizations, and other parties within the Na17 tional Heritage Area; 

18 (2) enter into cooperative agreements with or 

19 provide technical assistance to political jurisdictions, 

20 nonprofit organizations, Federal agencies, and other 

21 interested parties; 

22 (3) hire and compensate staff, including individ23 uals with expertise in— 


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1 (A) natural, historical, cultural, edu2 cational, scenic, and recreational resource con3 servation; 

4 (B) economic and community development; 

5 and 

6 (C) heritage planning; 

7 (4) obtain funds or services from any source, in8 cluding other Federal programs; 

9 (5) contract for goods or services; and 

10 (6) support activities of partners and any other 

11 activities that further the purposes of the National 

12 Heritage Area and are consistent with the approved 

13 management plan. 

14 (d) PROHIBITION ON ACQUISITION OF REAL PROP15 ERTY.—The local coordinating entity may not use Federal 

16 funds authorized under this subtitle to acquire any interest 

17 in real property. 

18 SEC. 2028. NIAGARA FALLS HERITAGE AREA COMMISSION. 

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

20 Department of the Interior the Niagara Falls National Her21 itage Area Commission. 

22 (b) MEMBERSHIP.—The Commission shall be com23 posed of 17 members, of whom— 

24 (1) 1 member shall be the Director of the Na25 tional Park Service (or a designee); 


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1 (2) 5 members shall be appointed by the Sec2 retary, after consideration of the recommendation of 

3 the Governor, from among individuals with knowledge 

4 and experience of— 

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

6 Recreation and Historic Preservation, the Niag7 ara River Greenway Commission, the New York 

8 Power Authority, the USA Niagara Development 

9 Corporation, and the Niagara Tourism and Con10 vention Corporation; or 

11 (B) any successors of the agencies described 

12 in subparagraph (A); 

13 (3) 1 member shall be appointed by the Sec14 retary, after consideration of the recommendation of 

15 the mayor of Niagara Falls, New York; 

16 (4) 1 member shall be appointed by the Sec17 retary, after consideration of the recommendation of 

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

19 (5) 1 member shall be appointed by the Sec20 retary, after consideration of the recommendation of 

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

22 (6) 1 member shall be appointed by the Sec23 retary, after consideration of the recommendation of 

24 the Tuscarora Nation; 


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1 (7) 1 member shall be appointed by the Sec2 retary, after consideration of the recommendation of 

3 the Seneca Nation of Indians; and 

4 (8) 6 members shall be individuals who have an 

5 interest in, support for, and expertise appropriate to 

6 tourism, regional planning, history and historic pres7 ervation, cultural or natural resource management, 

8 conservation, recreation, and education, or museum 

9 services, of whom— 

10 (A) 4 members shall be appointed by the 

11 Secretary, after consideration of the rec12 ommendation of the 2 members of the Senate 

13 from the State; and 

14 (B) 2 members shall be appointed by the 

15 Secretary, after consideration of the rec16 ommendation of the Member of the House of 

17 Representatives whose district encompasses the 

18 National Heritage Area. 

19 (c) TERMS; VACANCIES.— 

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

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

22 (2) VACANCIES.— 

23 (A) PARTIAL TERM.—A member appointed 

24 to fill a vacancy on the Commission shall serve 


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1 for the remainder of the term for which the pred2 ecessor of the member was appointed. 

3 (B) IN GENERAL.—A vacancy on the Com4 mission shall be filled in the same manner as the 

5 original appointment was made. 

6 (d) CHAIRPERSON AND VICE CHAIRPERSON.— 

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

8 Chairperson and Vice Chairperson from among the 

9 members of the Commission. 

10 (2) VICE CHAIRPERSON.—The Vice Chairperson 

11 shall serve as the Chairperson in the absence of the 

12 Chairperson. 

13 (e) QUORUM.— 

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

15 the Commission shall constitute a quorum. 

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

17 business or the exercise of any power of the Commis18 sion, the Commission shall have the power to act by 

19 a majority vote of the members present at any meet20 ing at which a quorum is in attendance. 

21 (f) MEETINGS.— 

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

23 least quarterly at the call of— 

24 (A) the Chairperson; or 


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1 (B) a majority of the members of the Com2 mission. 

3 (2) NOTICE.—Notice of Commission meetings 

4 and agendas for the meetings shall be published in 

5 local newspapers that are distributed throughout the 

6 National Heritage Area. 

7 (3) APPLICABLE LAW.—Meetings of the Commis8 sion shall be subject to section 552b of title 5, United 

9 States Code. 

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

11 to the authorities otherwise granted in this subtitle, the 

12 Commission may— 

13 (1) request and accept from the head of any Fed14 eral agency, on a reimbursable or non-reimbursable 

15 basis, any personnel of the Federal agency to the 

16 Commission to assist in carrying out the duties of the 

17 Commission; 

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

19 State agency or any agency of a political subdivision 

20 of the State, on a reimbursable or nonreimbursable 

21 basis, any personnel of the agency to the Commission 

22 to assist in carrying out the duties of the Commis23 sion; 


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

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

3 services; and 

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

5 manner as other agencies of the Federal Government. 

6 (h) DUTIES OF THE COMMISSION.—To further the pur7 poses of the National Heritage Area, in addition to the du8 ties otherwise listed in this subtitle, the Commission shall 

9 assist in the transition of the management of the National 

10 Heritage Area from the Commission to the local coordi11 nating entity designated under this subtitle. 

12 (i) COMPENSATION OF MEMBERS.— 

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

14 shall serve without compensation. 

15 (2) TRAVEL EXPENSES.—A member of the Com16 mission shall be allowed travel expenses, including 

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

18 an employee of an agency under subchapter I of chap19 ter 57 of title 5, United States Code, while away from 

20 the home or regular place of business of the member 

21 in the performance of the duties of the Commission. 

22 (j) GIFTS.—For purposes of section 170(c) of the Inter23 nal Revenue Code of 1986, any gift or charitable contribu24 tion to the Commission shall be considered to be a charitable 

25 contribution or gift to the United States. 


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

2 the leasing of administrative facilities under subsection 

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

4 available to the Commission under this subtitle to acquire 

5 any real property or interest in real property. 

6 SEC. 2029. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

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

8 authority of a Federal agency to provide technical or finan9 cial assistance under any other law. 

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

11 any Federal agency planning to conduct activities that may 

12 have an impact on a National Heritage Area is encouraged 

13 to consult and coordinate the activities with the Secretary 

14 and the local coordinating entity to the maximum extent 

15 practicable. 

16 (c) OTHER FEDERAL AGENCIES.—Nothing in this sub17 title— 

18 (1) modifies, alters, or amends any law or regu19 lation authorizing a Federal agency to manage Fed20 eral land under the jurisdiction of the Federal agency; 

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

23 the boundaries of 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. 2030. 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 public 

13 access (including access by Federal, State, Tribal, or 

14 local agencies) to the property of the property owner, 

15 or to modify public access or use of property of the 

16 property owner under any other Federal, State, Trib17 al, or local law; 

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

19 approved land use plan, or other regulatory authority 

20 of any Federal, State, Tribal, or local agency, or con21 veys any land use or other regulatory authority to 

22 any local coordinating entity, including but not nec23 essarily limited to development and management of 

24 energy, water, or water-related infrastructure; 


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

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

6 or 

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

8 under any other law, of any private property owner 

9 with respect to any person injured on the private 

10 property. 

11 SEC. 2031. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject to 

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

14 carry out this subtitle not more than $1,000,000 for any 

15 fiscal year. Funds so appropriated shall remain available 

16 until expended. 

17 (b) LIMITATION ON TOTAL AMOUNTS APPRO18 PRIATED.—Not more than $15,000,000 may be appro19 priated to carry out this subtitle. 

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

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

22 shall be not more than 50 percent; the non-Federal contribu23 tion may be in the form of in-kind contributions of goods 

24 or services fairly valued. 


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1 SEC. 2032. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

2 Nothing in this subtitle shall preclude the local coordi3 nating entity from using Federal funds available under 

4 other laws for the purposes for which those funds were au5 thorized. 

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

7 The authority of the Secretary to provide financial as8 sistance under this subtitle terminates on the date that is 

9 15 years after the date of enactment of this subtitle. 

10 Subtitle C—Muscle Shoals National 

11 Heritage Area 

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

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

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

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

16 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. 

17 SEC. 2042. PURPOSES. 

18 The purposes of this subtitle include— 

19 (1) to preserve, support conserve and interpret 

20 the legacy of the region represented by the National 


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1 Heritage Area as described in the feasibility study 

2 prepared by the National Park Service; 

3 (2) to promote heritage, cultural and rec4 reational tourism and to develop educational and cul5 tural programs for visitors and the general public; 

6 (3) to recognize and interpret important events 

7 and geographic locations representing key develop8 ments in the growth of America, including Native 

9 American, Colonial American, European American, 

10 and African American heritage; 

11 (4) to recognize and interpret how the distinctive 

12 geography of the region shaped the development of set13 tlement, defense, transportation, commerce, and cul14 ture there; 

15 (5) to provide a cooperative management frame16 work to foster a close working relationship with all 

17 levels of government, the private sector, and the local 

18 communities in the region in identifying, preserving, 

19 interpreting, and developing the historical, cultural, 

20 scenic, and natural resources of the region for the edu21 cational and inspirational benefit of current and fu22 ture generations; and 

23 (6) to provide appropriate linkages between 

24 units of the National Park System and communities, 


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1 governments, and organizations within the National 

2 Heritage Area. 

3 SEC. 2043. DEFINITIONS. 

4 In this subtitle: 

5 (1) NATIONAL HERITAGE AREA.—The term ‘‘Na6 tional Heritage Area’’ means the Muscle Shoals Na7 tional Heritage Area established in this subtitle. 

8 (2) LOCAL COORDINATING ENTITY.—The term 

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

10 Regional Center, which is hereby designated by Con11 gress— 

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

13 the management plan for the National Heritage 

14 Area; and 

15 (B) to act as a catalyst for the implementa16 tion of projects and programs among diverse 

17 partners in the National Heritage Area. 

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

21 specifies actions, policies, strategies, performance 

22 goals, and recommendations to meet the goals of the 

23 National Heritage Area, in accordance with this sub24 title. 


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

2 the Secretary of the Interior. 

3 SEC. 2044. DESIGNATION OF MUSCLE SHOALS NATIONAL 

4 HERITAGE AREA. 

5 (a) ESTABLISHMENT.—There is hereby established the 

6 Muscle Shoals National Heritage Area in the State of Ala7 bama. 

8 (b) BOUNDARIES.— 

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

10 shall be comprised of the counties of Colbert, Frank11 lin, Lauderdale, Lawrence, Limestone, and Morgan; 

12 including the Wilson Dam; the Handy Home; and the 

13 Helen Keller birthplace. 

14 (2) MAP.—The boundary of the National Herit15 age Area shall be as generally depicted on the map ti16 tled ‘‘lllllll’’, numbered lllllll, 

17 and dated llllllll. The map shall be on 

18 file and available to the public in the appropriate of19 fices of the National Park Service and the local co20 ordinating entity. 

21 SEC. 2045. MANAGEMENT PLAN. 

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

23 National Heritage Area shall— 

24 (1) describe comprehensive policies, goals, strate25 gies, and recommendations for telling the story of the 


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1 heritage of the area covered by the National Heritage 

2 Area and encouraging long-term resource protection, 

3 enhancement, interpretation, funding, management, 

4 and development of the National Heritage Area; 

5 (2) include a description of actions and commit6 ments that Federal, State, Tribal, and local govern7 ments, private organizations, and citizens will take to 

8 protect, enhance, interpret, fund, manage, and develop 

9 the natural, historical, cultural, educational, scenic, 

10 and recreational resources of the National Heritage 

11 Area; 

12 (3) specify existing and potential sources of 

13 funding or economic development strategies to protect, 

14 enhance, interpret, fund, manage, and develop the Na15 tional Heritage Area; 

16 (4) include an inventory of the natural, histor17 ical, cultural, educational, scenic, and recreational re18 sources of the National Heritage Area related to the 

19 national importance and themes of the National Her20 itage Area that should be protected, enhanced, inter21 preted, managed, funded, and developed; 

22 (5) recommend policies and strategies for re23 source management, including the development of 

24 intergovernmental and interagency agreements to pro25 tect, enhance, interpret, fund, manage, and develop 


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1 the natural, historical, cultural, educational, scenic, 

2 and recreational resources of the National Heritage 

3 Area; 

4 (6) describe a program for implementation for 

5 the management plan, including— 

6 (A) performance goals; 

7 (B) plans for resource protection, enhance8 ment, interpretation, funding, management, and 

9 development; and 

10 (C) specific commitments for implementa11 tion that have been made by the local coordi12 nating entity or any Federal, State, Tribal, or 

13 local government agency, organization, business, 

14 or individual; 

15 (7) include an analysis of, and recommendations 

16 for, means by which Federal, State, Tribal, and local 

17 programs may best be coordinated (including the role 

18 of the National Park Service and other Federal agen19 cies associated with the National Heritage Area) to 

20 further the purposes of this subtitle; 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 manage14 ment plan is not submitted to the Secretary in ac15 cordance with paragraph (1), the local coordinating 

16 entity shall not qualify for any additional financial 

17 assistance under this subtitle until such time as the 

18 management plan is submitted to and approved by 

19 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 a Na24 tional Heritage Area on the basis of the criteria estab25 lished under paragraph (3). 


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1 (2) CONSULTATION.—The Secretary shall consult 

2 with the Governor of each State in which the National 

3 Heritage Area is located before approving a manage4 ment plan for the National Heritage Area. 

5 (3) CRITERIA FOR APPROVAL.—In determining 

6 whether to approve a management plan for a Na7 tional Heritage Area, the Secretary shall consider 

8 whether— 

9 (A) the local coordinating entity represents 

10 the diverse interests of the National Heritage 

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

12 governments, natural, and historic resource pro13 tection organizations, educational institutions, 

14 businesses, recreational organizations, commu15 nity residents, and private property owners; 

16 (B) the local coordinating entity— 

17 (i) has afforded adequate opportunity 

18 for public and Federal, State, Tribal, and 

19 local governmental involvement (including 

20 through workshops and hearings) in the 

21 preparation of the management plan; and 

22 (ii) provides for at least semiannual 

23 public meetings to ensure adequate imple24 mentation of the management plan; 


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1 (C) the resource protection, enhancement, 

2 interpretation, funding, management, and devel3 opment strategies described in the management 

4 plan, if implemented, would adequately protect, 

5 enhance, interpret, fund, manage, and develop 

6 the natural, historic, cultural, educational, sce7 nic, and recreational resources of the National 

8 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 as17 surances from the appropriate State, Tribal, and 

18 local officials whose support is needed to ensure 

19 the effective implementation of the State, Tribal, 

20 and local elements of the management plan; and 

21 (G) the management plan demonstrates 

22 partnerships among the local coordinating enti23 ty, Federal, State, Tribal, and local governments, 

24 regional planning organizations, nonprofit orgaVerDate Aug 31 2005 23:00 Oct 18, 2007 Jkt 069200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\H1483.RH H1483

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1 nizations, or private sector parties for implemen2 tation 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 the 

11 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 revised 

15 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 author25 ized by this subtitle to implement an amendment 


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1 to the management plan until the Secretary ap2 proves the amendment. 

3 (6) AUTHORITIES.—The Secretary may— 

4 (A) provide technical assistance under the 

5 authority of this subtitle for the development and 

6 implementation of the management plan; and 

7 (B) enter into cooperative agreements with 

8 interested parties to carry out this subtitle. 

9 SEC. 2046. EVALUATION; REPORT. 

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

11 date on which authority for Federal funding terminates for 

12 the National Heritage Area under this subtitle, the Sec13 retary shall— 

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

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

18 (b) EVALUATION.—An evaluation conducted under 

19 subsection (a)(1) shall— 

20 (1) assess the progress of the local coordinating 

21 entity with respect to— 

22 (A) accomplishing the purposes of the au23 thorizing legislation for the National Heritage 

24 Area; and 


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1 (B) achieving the goals and objectives of the 

2 approved management plan for the National 

3 Heritage Area; 

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

5 and private investments in the National Heritage 

6 Area to determine the impact of the investments; and 

7 (3) review the management structure, partner8 ship relationships, and funding of the National Herit9 age Area for purposes of identifying the critical com10 ponents for sustainability of the National Heritage 

11 Area. 

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

13 under subsection (a)(1), the Secretary shall submit a report 

14 to the Committee on Natural Resources of the United States 

15 House of Representatives and the Committee on Energy and 

16 Natural Resources of the United States Senate. The report 

17 shall include recommendations for the future role of the Na18 tional Park Service, if any, with respect to the National 

19 Heritage Area. 

20 SEC. 2047. LOCAL COORDINATING ENTITY. 

21 (a) DUTIES.—To further the purposes of the National 

22 Heritage Area, the Muscle Shoals Regional Center, as the 

23 local coordinating entity, shall— 


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1 (1) prepare a management plan for the National 

2 Heritage Area, and submit the management plan to 

3 the Secretary, in accordance with this subtitle; 

4 (2) submit an annual report to the Secretary for 

5 each fiscal year for which the local coordinating enti6 ty receives Federal funds under this subtitle, speci7 fying— 

8 (A) the specific performance goals and ac9 complishments of the local coordinating entity; 

10 (B) the expenses and income of the local co11 ordinating entity; 

12 (C) the amounts and sources of matching 

13 funds; 

14 (D) the amounts leveraged with Federal 

15 funds and sources of the leveraging; and 

16 (E) grants made to any other entities dur17 ing the fiscal year; 

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

19 for which the local coordinating entity receives Fed20 eral funds under this subtitle, all information per21 taining to the expenditure of the funds and any 

22 matching funds; and 

23 (4) encourage economic viability and sustain24 ability that is consistent with the purposes of the Na25 tional Heritage Area. 


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1 (b) AUTHORITIES.—For the purposes of preparing and 

2 implementing the approved management plan for the Na3 tional Heritage Area, the local coordinating entity may use 

4 Federal funds made available under this subtitle to— 

5 (1) make grants to political jurisdictions, non6 profit organizations, and other parties within the Na7 tional 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, in21 cluding 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 (c) PROHIBITION ON ACQUISITION OF REAL PROP4 ERTY.—The local coordinating entity may not use Federal 

5 funds authorized under this subtitle to acquire any interest 

6 in real property. 

7 SEC. 2048. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

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

9 authority of a Federal agency to provide technical or finan10 cial assistance under any other law. 

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

12 any Federal agency planning to conduct activities that may 

13 have an impact on a National Heritage Area is encouraged 

14 to consult and coordinate the activities with the Secretary 

15 and the local coordinating entity to the maximum extent 

16 practicable. 

17 (c) OTHER FEDERAL AGENCIES.—Nothing in this sub18 title— 

19 (1) modifies, alters, or amends any law or regu20 lation authorizing a Federal agency to manage Fed21 eral land under the jurisdiction of the Federal agency; 

22 (2) limits the discretion of a Federal land man23 ager to implement an approved land use plan within 

24 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. 2049. 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 public 

13 access (including access by Federal, State, Tribal, or 

14 local agencies) to the property of the property owner, 

15 or to modify public access or use of property of the 

16 property owner under any other Federal, State, Trib17 al, or local law; 

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

19 approved land use plan, or other regulatory authority 

20 of any Federal, State, Tribal, or local agency, or con21 veys any land use or other regulatory authority to 

22 any local coordinating entity, including but not nec23 essarily limited to development and management of 

24 energy, water, or water-related infrastructure; 


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

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

6 or 

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

8 under any other law, of any private property owner 

9 with respect to any person injured on the private 

10 property. 

11 SEC. 2050. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject to 

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

14 carry out this subtitle not more than $1,000,000 for any 

15 fiscal year. Funds so appropriated shall remain available 

16 until expended. 

17 (b) LIMITATION ON TOTAL AMOUNTS APPRO18 PRIATED.—Not more than $15,000,000 may be appro19 priated to carry out this subtitle. 

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

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

22 shall be not more than 50 percent; the non-Federal contribu23 tion may be in the form of in-kind contributions of goods 

24 or services fairly valued. 


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1 SEC. 2051. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

2 Nothing in this subtitle shall preclude the local coordi3 nating entity from using Federal funds available under 

4 other laws for the purposes for which those funds were au5 thorized. 

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

7 The authority of the Secretary to provide financial as8 sistance under this subtitle terminates on the date that is 

9 15 years after the date of enactment of this subtitle. 

10 Subtitle D—Freedom’s Way 

11 National Heritage Area 

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

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

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

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

16 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. 

17 SEC. 2062. PURPOSES. 

18 (a) The purposes of this subtitle include— 

19 (1) to recognize the significant natural and cul20 tural legacies of the area, as demonstrated in the 


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1 study entitled ‘‘Freedom’s Way Heritage Area Feasi2 bility Study’’ dated July 1997 and the addendum 

3 dated March 2003; 

4 (2) to promote heritage, cultural and rec5 reational tourism and to develop educational and cul6 tural programs for visitors and the general public; 

7 (3) to foster a close working relationship between 

8 the Secretary and all levels of government, the private 

9 sector, and local communities in the Commonwealth 

10 of Massachusetts and the State of New Hampshire in 

11 order to preserve the special historic identity of the 

12 National Heritage Area; 

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

14 the cultural, historical, and natural resources of the 

15 National Heritage Area for the educational and in16 spirational benefit of future generations; and 

17 (5) to provide appropriate linkages between 

18 units of the National Park System and communities, 

19 governments, and organizations within the National 

20 Heritage Area. 

21 SEC. 2063. DEFINITIONS. 

22 In this subtitle: 

23 (1) NATIONAL HERITAGE AREA.—The term ‘‘Na24 tional Heritage Area’’ means the Freedom’s Way Na25 tional Heritage Area established in this subtitle. 


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1 (2) LOCAL COORDINATING ENTITY.—The term 

2 ‘‘local coordinating entity’’ means the Freedom’s Way 

3 Heritage Association, Inc., which is hereby designated 

4 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 implementa9 tion 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 that 

14 specifies actions, policies, strategies, performance 

15 goals, and recommendations to meet the goals of the 

16 National Heritage Area, in accordance with this sub17 title. 

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

19 the Secretary of the Interior. 

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

21 HERITAGE AREA. 

22 (a) ESTABLISHMENT.—There is hereby established the 

23 Freedom’s Way National Heritage Area. 

24 (b) BOUNDARIES.— 


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

2 shall include the following communities in the Com3 monwealth of Massachusetts: Winchendon, 

4 Ashburnham, Ashby, Gardner, Fitchburg, West5 minster, Princeton, Sterling, Leominster, Townsend, 

6 Pepperell, Lunenburg, Shirley, Lancaster, Clinton, 

7 Bolton, Harvard, Ayer, Groton, Dunstable, Westford, 

8 Littleton, Boxborough, Stow, Hudson, Maynard, Sud9 bury, Concord, Carlisle, Acton, Bedford, Lincoln, Lex10 ington, Woburn, Arlington, Medford, and Malden. Ad11 ditionally it shall include the following communities 

12 in the State of New Hampshire: New Ipswich, Green13 ville, Mason, Brookline, Milford, Amherst, Hollis, and 

14 Nashua. 

15 (2) MAP.—The boundaries of the National Herit16 age area shall be as generally depicted on the map ti17 tled ‘‘Freedom’s Way National Heritage Area’’, num18 bered T04/80,000, and dated July 2007. The map 

19 shall be on file and available to the public in the ap20 propriate offices of the National Park Service and the 

21 local coordinating entity. 

22 SEC. 2065. MANAGEMENT PLAN. 

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

24 National Heritage Area shall— 


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1 (1) describe comprehensive policies, goals, strate2 gies, and recommendations for telling the story of the 

3 heritage of the area covered by the National Heritage 

4 Area and encouraging long-term resource protection, 

5 enhancement, interpretation, funding, management, 

6 and development of the National Heritage Area; 

7 (2) include a description of actions and commit8 ments that Federal, State, Tribal, and local govern9 ments, private organizations, and citizens will take to 

10 protect, enhance, interpret, fund, manage, and develop 

11 the natural, historical, cultural, educational, scenic, 

12 and recreational resources of the National Heritage 

13 Area; 

14 (3) specify existing and potential sources of 

15 funding or economic development strategies to protect, 

16 enhance, interpret, fund, manage, and develop the Na17 tional Heritage Area; 

18 (4) include an inventory of the natural, histor19 ical, cultural, educational, scenic, and recreational re20 sources of the National Heritage Area related to the 

21 national importance and themes of the National Her22 itage Area that should be protected, enhanced, inter23 preted, managed, funded, and developed; 

24 (5) recommend policies and strategies for re25 source management, including the development of 


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1 intergovernmental and interagency agreements to pro2 tect, enhance, interpret, fund, manage, and develop 

3 the natural, historical, cultural, educational, scenic, 

4 and recreational resources of the National Heritage 

5 Area; 

6 (6) describe a program for implementation for 

7 the management plan, including— 

8 (A) performance goals; 

9 (B) plans for resource protection, enhance10 ment, interpretation, funding, management, and 

11 development; and 

12 (C) specific commitments for implementa13 tion that have been made by the local coordi14 nating entity or any Federal, State, Tribal, or 

15 local government agency, organization, business, 

16 or individual; 

17 (7) include an analysis of, and recommendations 

18 for, means by which Federal, State, Tribal, and local 

19 programs may best be coordinated (including the role 

20 of the National Park Service and other Federal agen21 cies associated with the National Heritage Area) to 

22 further the purposes of this subtitle; and 

23 (8) include a business plan that— 

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

25 and functions of the local coordinating entity 


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1 and of each of the major activities contained in 

2 the management plan; and 

3 (B) provides adequate assurances that the 

4 local coordinating entity has the partnerships 

5 and financial and other resources necessary to 

6 implement the management plan for the Na7 tional Heritage Area. 

8 (b) DEADLINE.— 

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

10 the date on which funds are first made available to 

11 develop the management plan after designation as a 

12 National Heritage Area, the local coordinating entity 

13 shall submit the management plan to the Secretary 

14 for approval. 

15 (2) TERMINATION OF FUNDING.—If the manage16 ment plan is not submitted to the Secretary in ac17 cordance with paragraph (1), the local coordinating 

18 entity shall not qualify for any additional financial 

19 assistance under this subtitle until such time as the 

20 management plan is submitted to and approved by 

21 the Secretary. 

22 (c) APPROVAL OF MANAGEMENT PLAN.— 

23 (1) REVIEW.—Not later than 180 days after re24 ceiving the plan, the Secretary shall review and ap25 prove or disapprove the management plan for the NaVerDate Aug 31 2005 23:00 Oct 18, 2007 Jkt 069200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6203 E:\BILLS\H1483.RH H1483

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1 tional Heritage Area on the basis of the criteria estab2 lished under paragraph (3). 

3 (2) CONSULTATION.—The Secretary shall consult 

4 with the Governor of each State or Commonwealth in 

5 which the National Heritage Area is located before 

6 approving a management plan for the National Her7 itage Area. 

8 (3) CRITERIA FOR APPROVAL.—In determining 

9 whether to approve a management plan for a Na10 tional Heritage Area, the Secretary shall consider 

11 whether— 

12 (A) the local coordinating entity represents 

13 the diverse interests of the National Heritage 

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

15 governments, natural and historic resource pro16 tection organizations, educational institutions, 

17 businesses, recreational organizations, commu18 nity residents, and private property owners; 

19 (B) the local coordinating entity— 

20 (i) has afforded adequate opportunity 

21 for public and Federal, State, Tribal, and 

22 local governmental involvement (including 

23 through workshops and hearings) in the 

24 preparation of the management plan; and 


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1 (ii) provides for at least semiannual 

2 public meetings to ensure adequate imple3 mentation of the management plan; 

4 (C) the resource protection, enhancement, 

5 interpretation, funding, management, and devel6 opment strategies described in the management 

7 plan, if implemented, would adequately protect, 

8 enhance, interpret, fund, manage, and develop 

9 the natural, historic, cultural, educational, sce10 nic, and recreational resources of the National 

11 Heritage Area; 

12 (D) the management plan would not ad13 versely affect any activities authorized on Fed14 eral land under public land laws or land use 

15 plans; 

16 (E) the local coordinating entity has dem17 onstrated the financial capability, in partner18 ship with others, to carry out the plan; 

19 (F) the Secretary has received adequate as20 surances from the appropriate State, Tribal, and 

21 local officials whose support is needed to ensure 

22 the effective implementation of the State, Tribal, 

23 and local elements of the management plan; and 

24 (G) the management plan demonstrates 

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1 ty, Federal, State, Tribal, and local governments, 

2 regional planning organizations, nonprofit orga3 nizations, or private sector parties for implemen4 tation of the management plan. 

5 (4) DISAPPROVAL.— 

6 (A) IN GENERAL.—If the Secretary dis7 approves the management plan, the Secretary— 

8 (i) shall advise the local coordinating 

9 entity in writing of the reasons for the dis10 approval; and 

11 (ii) may make recommendations to the 

12 local coordinating entity for revisions to the 

13 management plan. 

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

15 after receiving a revised management plan, the 

16 Secretary shall approve or disapprove the revised 

17 management plan. 

18 (5) AMENDMENTS.— 

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

20 management plan that substantially alters the 

21 purposes of the National Heritage Area shall be 

22 reviewed by the Secretary and approved or dis23 approved in the same manner as the original 

24 management plan. 


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1 (B) IMPLEMENTATION.—The local coordi2 nating entity shall not use Federal funds author3 ized by this subtitle to implement an amendment 

4 to the management plan until the Secretary ap5 proves the amendment. 

6 (6) AUTHORITIES.—The Secretary may— 

7 (A) provide technical assistance under the 

8 authority of this subtitle for the development and 

9 implementation of the management plan; and 

10 (B) enter into cooperative agreements with 

11 interested parties to carry out this subtitle. 

12 SEC. 2066. EVALUATION; REPORT. 

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

14 date on which authority for Federal funding terminates for 

15 the National Heritage Area under this subtitle, the Sec16 retary shall— 

17 (1) conduct an evaluation of the accomplish18 ments of the National Heritage Area; and 

19 (2) prepare a report in accordance with sub20 section (c). 

21 (b) EVALUATION.—An evaluation conducted under 

22 subsection (a)(1) shall— 

23 (1) assess the progress of the local coordinating 

24 entity with respect to— 


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1 (A) accomplishing the purposes of the au2 thorizing legislation for the National Heritage 

3 Area; and 

4 (B) achieving the goals and objectives of the 

5 approved management plan for the National 

6 Heritage Area; 

7 (2) analyze the Federal, State, Tribal, and local, 

8 and private investments in the National Heritage 

9 Area to determine the impact of the investments; and 

10 (3) review the management structure, partner11 ship relationships, and funding of the National Herit12 age Area for purposes of identifying the critical com13 ponents for sustainability of the National Heritage 

14 Area. 

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

16 under subsection (a)(1), the Secretary shall submit a report 

17 to the Committee on Natural Resources of the United States 

18 House of Representatives and the Committee on Energy and 

19 Natural Resources of the United States Senate. The report 

20 shall include recommendations for the future role of the Na21 tional Park Service, if any, with respect to the National 

22 Heritage Area. 


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1 SEC. 2067. LOCAL COORDINATING ENTITY. 

2 (a) DUTIES.—To further the purposes of the National 

3 Heritage Area, the Freedom’s Way Heritage Association, 

4 Inc., as the local coordinating entity, shall— 

5 (1) prepare a management plan for the National 

6 Heritage Area, and submit the management plan to 

7 the Secretary, in accordance with this subtitle; 

8 (2) submit an annual report to the Secretary for 

9 each fiscal year for which the local coordinating enti10 ty receives Federal funds under this subtitle, speci11 fying— 

12 (A) the specific performance goals and ac13 complishments of the local coordinating entity; 

14 (B) the expenses and income of the local co15 ordinating entity; 

16 (C) the amounts and sources of matching 

17 funds; 

18 (D) the amounts leveraged with Federal 

19 funds and sources of the leveraging; and 

20 (E) grants made to any other entities dur21 ing the fiscal year; 

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

23 for which the local coordinating entity receives Fed24 eral funds under this subtitle, all information per25 taining to the expenditure of the funds and any 

26 matching funds; and 


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1 (4) encourage economic viability and sustain2 ability that is consistent with the purposes of the Na3 tional Heritage Area. 

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

5 implementing the approved management plan for the Na6 tional Heritage Area, the local coordinating entity may use 

7 Federal funds made available under this subtitle to— 

8 (1) make grants to political jurisdictions, non9 profit organizations, and other parties within the Na10 tional 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, in24 cluding 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 interest 

8 in real property. 

9 SEC. 2068. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

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

11 authority of a Federal agency to provide technical or finan12 cial assistance under any other law. 

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

14 any Federal agency planning to conduct activities that may 

15 have an impact on a National Heritage Area is encouraged 

16 to consult and coordinate the activities with the Secretary 

17 and the local coordinating entity to the maximum extent 

18 practicable. 

19 (c) OTHER FEDERAL AGENCIES.—Nothing in this sub20 title— 

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 agency; 


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

3 the boundaries of 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 public 

16 access (including access by Federal, State, Tribal, or 

17 local agencies) to the property of the property owner, 

18 or to modify public access or use of property of the 

19 property owner under any other Federal, State, Trib20 al, or local law; 

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

22 approved land use plan, or other regulatory authority 

23 of any Federal, State, Tribal, or local agency, or con24 veys any land use or other regulatory authority to 

25 any local coordinating entity, including but not necVerDate Aug 31 2005 23:00 Oct 18, 2007 Jkt 069200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\H1483.RH H1483

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1 essarily limited to development and management of 

2 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 man6 age fish and wildlife, including the regulation of fish7 ing and hunting within the National Heritage Area; 

8 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 to 

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

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

17 fiscal year. Funds so appropriated shall remain available 

18 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 contribuVerDate Aug 31 2005 23:00 Oct 18, 2007 Jkt 069200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 E:\BILLS\H1483.RH H1483

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1 tion may be in the form of in-kind contributions of goods 

2 or services fairly valued. 

3 SEC. 2071. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

4 Nothing in this subtitle shall preclude the local coordi5 nating entity from using Federal funds available under 

6 Acts other than this subtitle for the purposes for which those 

7 funds were authorized. 

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

9 The authority of the Secretary to provide financial as10 sistance under this subtitle terminates on the date that is 

11 15 years after the date of enactment of this subtitle. 

12 Subtitle E—Abraham Lincoln 

13 National Heritage Area 

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

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

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

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

18 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. 

19 SEC. 2082. PURPOSES. 

20 (a) The purposes of this subtitle include— 


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1 (1) to recognize the significant natural and cul2 tural legacies of the area, as demonstrated in the 

3 study entitled ‘‘Feasibility Study of the Proposed 

4 Abraham Lincoln National Heritage Area’’ prepared 

5 for the Looking for Lincoln Heritage Coalition in 

6 2002 and revised in 2007; 

7 (2) to promote heritage, cultural and rec8 reational tourism and to develop educational and cul9 tural programs for visitors and the general public; 

10 (3) to recognize and interpret important events 

11 and geographic locations representing key periods in 

12 the growth of America, including Native American, 

13 Colonial American, European American, and African 

14 American heritage; 

15 (4) to recognize and interpret the distinctive role 

16 the region played in shaping the man who would be17 come the 16th President of the United States, and 

18 how Abraham Lincoln’s life left its traces in the sto19 ries, folklore, buildings, streetscapes, and landscapes 

20 of the region; 

21 (5) to provide a cooperative management frame22 work to foster a close working relationship with all 

23 levels of government, the private sector, and the local 

24 communities in the region in identifying, preserving, 

25 interpreting, and developing the historical, cultural, 


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1 scenic, and natural resources of the region for the edu2 cational and inspirational benefit of current and fu3 ture generations; and 

4 (6) to provide appropriate linkages between 

5 units of the National Park System and communities, 

6 governments, and organizations within the Heritage 

7 Area. 

8 SEC. 2083. DEFINITIONS. 

9 In this subtitle: 

10 (1) NATIONAL HERITAGE AREA.—The term ‘‘Na11 tional Heritage Area’’ means the Abraham Lincoln 

12 National Heritage Area established in this subtitle. 

13 (2) LOCAL COORDINATING ENTITY.—The term 

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

15 Lincoln Heritage Coalition, which is hereby des16 ignated by Congress— 

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

18 the management plan for the National Heritage 

19 Area; and 

20 (B) to act as a catalyst for the implementa21 tion of projects and programs among diverse 

22 partners in the National Heritage Area. 

23 (3) MANAGEMENT PLAN.—The term ‘‘manage24 ment plan’’ means the plan prepared by the local co25 ordinating entity for the National Heritage Area that 


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1 specifies actions, policies, strategies, performance 

2 goals, and recommendations to meet the goals of the 

3 National Heritage Area, in accordance with this sub4 title. 

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

6 the Secretary of the Interior. 

7 SEC. 2084. DESIGNATION OF ABRAHAM LINCOLN NATIONAL 

8 HERITAGE AREA. 

9 (a) ESTABLISHMENT.—There is hereby established the 

10 Abraham Lincoln National Heritage Area. 

11 (b) BOUNDARIES.— 

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

13 shall consist of sites as designated by the management 

14 plan within a core area located in Central Illinois, 

15 consisting of Adams, Brown, Calhoun, Cass, Cham16 paign, Christian, Clark, Coles, Cumberland, Dewitt, 

17 Douglas, Edgar, Fayette, Fulton, Greene, Hancock, 

18 Henderson, Jersey, Knox, LaSalle, Logan, Macon, 

19 Macoupin, Madison, Mason, McDonough, McLean, 

20 Menard, Montgomery, Morgan, Moultrie, Peoria, 

21 Piatt, Pike, Sangamon, Schuyler, Scott, Shelby, 

22 Tazwell, Vermillion, Warren and Woodford counties. 

23 (2) MAP.—The boundaries of the National Herit24 age Area shall be as generally depicted on the map ti25 tled ‘‘Proposed Abraham Lincoln National Heritage 


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1 Area’’, and numbered 338/80,000, and dated July 

2 2007. The map shall be on file and available to the 

3 public in the appropriate offices of the National Park 

4 Service and the local coordinating entity. 

5 SEC. 2085. MANAGEMENT PLAN. 

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

7 National Heritage Area shall— 

8 (1) describe comprehensive policies, goals, strate9 gies, and recommendations for telling the story of the 

10 heritage of the area covered by the National Heritage 

11 Area and encouraging long-term resource protection, 

12 enhancement, interpretation, funding, management, 

13 and development of the National Heritage Area; 

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

17 protect, enhance, interpret, fund, manage, and develop 

18 the natural, historical, cultural, educational, scenic, 

19 and recreational resources of the National Heritage 

20 Area; 

21 (3) specify existing and potential sources of 

22 funding or economic development strategies to protect, 

23 enhance, interpret, fund, manage, and develop the Na24 tional Heritage Area; 


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1 (4) include an inventory of the natural, histor2 ical, cultural, educational, scenic, and recreational re3 sources of the National Heritage Area related to the 

4 national importance and themes of the National Her5 itage Area that should be protected, enhanced, inter6 preted, managed, funded, and developed; 

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

9 intergovernmental and interagency agreements to pro10 tect, enhance, interpret, fund, manage, and develop 

11 the natural, historical, cultural, educational, scenic, 

12 and recreational resources of the National Heritage 

13 Area; 

14 (6) describe a program for implementation for 

15 the management plan, including— 

16 (A) performance goals; 

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

19 development; and 

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

23 local government agency, organization, business, 

24 or individual; 


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1 (7) include an analysis of, and recommendations 

2 for, means by which Federal, State, Tribal, and local 

3 programs may best be coordinated (including the role 

4 of the National Park Service and other Federal agen5 cies associated with the National Heritage Area) to 

6 further the purposes of this subtitle; and 

7 (8) include a business plan that— 

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

9 and functions of the local coordinating entity 

10 and of each of the major activities contained in 

11 the management plan; and 

12 (B) provides adequate assurances that the 

13 local coordinating entity has the partnerships 

14 and financial and other resources necessary to 

15 implement the management plan for the Na16 tional Heritage Area. 

17 (b) DEADLINE.— 

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

19 the date on which funds are first made available to 

20 develop the management plan after designation as a 

21 National Heritage Area, the local coordinating entity 

22 shall submit the management plan to the Secretary 

23 for approval. 

24 (2) TERMINATION OF FUNDING.—If the manage25 ment plan is not submitted to the Secretary in acVerDate Aug 31 2005 23:00 Oct 18, 2007 Jkt 069200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6203 E:\BILLS\H1483.RH H1483

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1 cordance with paragraph (1), the local coordinating 

2 entity shall not qualify for any additional financial 

3 assistance under this subtitle until such time as the 

4 management plan is submitted to and approved by 

5 the Secretary. 

6 (c) APPROVAL OF MANAGEMENT PLAN.— 

7 (1) REVIEW.—Not later than 180 days after re8 ceiving the plan, the Secretary shall review and ap9 prove or disapprove the management plan for a Na10 tional Heritage Area on the basis of the criteria estab11 lished under paragraph (3). 

12 (2) CONSULTATION.—The Secretary shall consult 

13 with the Governor of each State in which the National 

14 Heritage Area is located before approving a manage15 ment plan for the National Heritage Area. 

16 (3) CRITERIA FOR APPROVAL.—In determining 

17 whether to approve a management plan for a Na18 tional Heritage Area, the Secretary shall consider 

19 whether— 

20 (A) the local coordinating entity represents 

21 the diverse interests of the National Heritage 

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

23 governments, natural, and historic resource pro24 tection organizations, educational institutions, 


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

3 (B) the local coordinating entity— 

4 (i) has afforded adequate opportunity 

5 for public and Federal, State, Tribal, and 

6 local governmental involvement (including 

7 through workshops and hearings) in the 

8 preparation of the management plan; and 

9 (ii) provides for at least semiannual 

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

12 (C) the resource protection, enhancement, 

13 interpretation, funding, management, and devel14 opment strategies described in the management 

15 plan, if implemented, would adequately protect, 

16 enhance, interpret, fund, manage, and develop 

17 the natural, historic, cultural, educational, sce18 nic, and recreational resources of the National 

19 Heritage Area; 

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

23 plans; 


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

4 (F) the Secretary has received adequate as5 surances from the appropriate State, Tribal, and 

6 local officials whose support is needed to ensure 

7 the effective implementation of the State, Tribal, 

8 and local elements of the management plan; and 

9 (G) the management plan demonstrates 

10 partnerships among the local coordinating enti11 ty, Federal, State, Tribal, and local governments, 

12 regional planning organizations, nonprofit orga13 nizations, or private sector parties for implemen14 tation of the management plan. 

15 (4) DISAPPROVAL.— 

16 (A) IN GENERAL.—If the Secretary dis17 approves the management plan, the Secretary— 

18 (i) shall advise the local coordinating 

19 entity in writing of the reasons for the dis20 approval; and 

21 (ii) may make recommendations to the 

22 local coordinating entity for revisions to the 

23 management plan. 

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

25 after receiving a revised management plan, the 


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1 Secretary shall approve or disapprove the revised 

2 management plan. 

3 (5) AMENDMENTS.— 

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

5 management plan that substantially alters the 

6 purposes of the National Heritage Area shall be 

7 reviewed by the Secretary and approved or dis8 approved in the same manner as the original 

9 management plan. 

10 (B) IMPLEMENTATION.—The local coordi11 nating entity shall not use Federal funds author12 ized by this subtitle to implement an amendment 

13 to the management plan until the Secretary ap14 proves the amendment. 

15 (6) AUTHORITIES.—The Secretary may— 

16 (A) provide technical assistance under the 

17 authority of this subtitle for the development and 

18 implementation of the management plan; and 

19 (B) enter into cooperative agreements with 

20 interested parties to carry out this subtitle. 

21 SEC. 2086. EVALUATION; REPORT. 

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

23 date on which authority for Federal funding terminates for 

24 the National Heritage Area under this subtitle, the Sec25 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 coordinating 

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 the 

13 approved management plan for the National 

14 Heritage Area; 

15 (2) analyze the Federal, State, Tribal, and local, 

16 and private investments in the National Heritage 

17 Area to determine the impact of the investments; and 

18 (3) review the management structure, partner19 ship relationships, and funding of the National Herit20 age Area for purposes of identifying the critical com21 ponents for sustainability of the National Heritage 

22 Area. 

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

24 under subsection (a)(1), the Secretary shall submit a report 

25 to the Committee on Natural Resources of the United States 


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1 House of Representatives and the Committee on Energy and 

2 Natural Resources of the United States Senate. The report 

3 shall include recommendations for the future role of the Na4 tional Park Service, if any, with respect to the National 

5 Heritage Area. 

6 SEC. 2087. LOCAL COORDINATING ENTITY. 

7 (a) DUTIES.—To further the purposes of the National 

8 Heritage Area, the Looking for Lincoln Heritage Coalition, 

9 as the local coordinating entity, shall— 

10 (1) prepare a management plan for the National 

11 Heritage Area, and submit the management plan to 

12 the Secretary, in accordance with this subtitle; 

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

14 each fiscal year for which the local coordinating enti15 ty receives Federal funds under this subtitle, speci16 fying— 

17 (A) the specific performance goals and ac18 complishments of the local coordinating entity; 

19 (B) the expenses and income of the local co20 ordinating entity; 

21 (C) the amounts and sources of matching 

22 funds; 

23 (D) the amounts leveraged with Federal 

24 funds and sources of the leveraging; and 


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1 (E) grants made to any other entities dur2 ing the fiscal year; 

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

4 for which the local coordinating entity receives Fed5 eral funds under this subtitle, all information per6 taining to the expenditure of the funds and any 

7 matching funds; and 

8 (4) encourage economic viability and sustain9 ability that is consistent with the purposes of the Na10 tional Heritage Area. 

11 (b) AUTHORITIES.—For the purposes of preparing and 

12 implementing the approved management plan for the Na13 tional Heritage Area, the local coordinating entity may use 

14 Federal funds made available under this subtitle to— 

15 (1) make grants to political jurisdictions, non16 profit organizations, and other parties within the Na17 tional Heritage Area; 

18 (2) enter into cooperative agreements with or 

19 provide technical assistance to political jurisdictions, 

20 nonprofit organizations, Federal agencies, and other 

21 interested parties; 

22 (3) hire and compensate staff, including individ23 uals with expertise in— 


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1 (A) natural, historical, cultural, edu2 cational, scenic, and recreational resource con3 servation; 

4 (B) economic and community development; 

5 and 

6 (C) heritage planning; 

7 (4) obtain funds or services from any source, in8 cluding other Federal programs; 

9 (5) contract for goods or services; and 

10 (6) support activities of partners and any other 

11 activities that further the purposes of the National 

12 Heritage Area and are consistent with the approved 

13 management plan. 

14 (c) PROHIBITION ON ACQUISITION OF REAL PROP15 ERTY.—The local coordinating entity may not use Federal 

16 funds authorized under this subtitle to acquire any interest 

17 in real property. 

18 SEC. 2088. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

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

20 authority of a Federal agency to provide technical or finan21 cial assistance under any other law. 

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

23 any Federal agency planning to conduct activities that may 

24 have an impact on a National Heritage Area is encouraged 

25 to consult and coordinate the activities with the Secretary 


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1 and the local coordinating entity to the maximum extent 

2 practicable. 

3 (c) OTHER FEDERAL AGENCIES.—Nothing in this sub4 title— 

5 (1) modifies, alters, or amends any law or regu6 lation authorizing a Federal agency to manage Fed7 eral land under the jurisdiction of the Federal agency; 

8 (2) limits the discretion of a Federal land man9 ager to implement an approved land use plan within 

10 the boundaries of a National Heritage Area; or 

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

12 use of Federal land under the jurisdiction of a Fed13 eral agency. 

14 SEC. 2089. PRIVATE PROPERTY AND REGULATORY PROTEC15 TIONS. 

16 Nothing in this subtitle— 

17 (1) abridges the rights of any property owner 

18 (whether public or private), including the right to re19 frain from participating in any plan, project, pro20 gram, or activity conducted within the National Her21 itage Area; 

22 (2) requires any property owner to permit public 

23 access (including access by Federal, State, Tribal, or 

24 local agencies) to the property of the property owner, 

25 or to modify public access or use of property of the 


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1 property owner under any other Federal, State, Trib2 al, or local law; 

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

4 approved land use plan, or other regulatory authority 

5 of any Federal, State, Tribal, or local agency, or con6 veys any land use or other regulatory authority to 

7 any local coordinating entity, including but not nec8 essarily limited to development and management of 

9 energy, water, or water-related infrastructure; 

10 (4) authorizes or implies the reservation or ap11 propriation of water or water rights; 

12 (5) diminishes the authority of the State to man13 age fish and wildlife, including the regulation of fish14 ing and hunting within the National Heritage Area; 

15 or 

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

17 under any other law, of any private property owner 

18 with respect to any person injured on the private 

19 property. 

20 SEC. 2090. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject to 

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

23 carry out this subtitle not more than $1,000,000 for any 

24 fiscal year. Funds so appropriated shall remain available 

25 until expended. 


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1 (b) LIMITATION ON TOTAL AMOUNTS APPRO2 PRIATED.—Not more than $15,000,000 may be appro3 priated to carry out this subtitle. 

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

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

6 shall be not more than 50 percent; the non-Federal contribu7 tion may be in the form of in-kind contributions of goods 

8 or services fairly valued. 

9 SEC. 2091. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

10 Nothing in this subtitle shall preclude the local coordi11 nating entity from using Federal funds available under 

12 other laws for the purposes for which those funds were au13 thorized. 

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

15 The authority of the Secretary to provide financial as16 sistance under this subtitle terminates on the date that is 

17 15 years after the date of the enactment of this subtitle. 

18 Subtitle F—Santa Cruz Valley 

19 National Heritage Area 

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

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

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

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

24 subtitle is as follows: 

Sec. 2111. Short title; table of contents. 

Sec. 2112. Purposes. 

Sec. 2113. Definitions. 


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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. 

1 SEC. 2112. PURPOSES. 

2 The purposes of this subtitle include— 

3 (1) to establish the Santa Cruz Valley National 

4 Heritage Area in the State of Arizona; 

5 (2) to implement the recommendations of the 

6 ‘‘Alternative Concepts for Commemorating Spanish 

7 Colonization’’ study completed by the National Park 

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

9 Santa Cruz Valley National Heritage Area’’ prepared 

10 by the Center for Desert Archaeology in July 2005; 

11 (3) to provide a management framework to foster 

12 a close working relationship with all levels of govern13 ment, the private sector, and the local communities in 

14 the region and to conserve the region’s heritage while 

15 continuing to pursue compatible economic opportuni16 ties; 

17 (4) to assist communities, organizations, and 

18 citizens in the State of Arizona in identifying, pre19 serving, interpreting, and developing the historical, 

20 cultural, scenic, and natural resources of the region 


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1 for the educational and inspirational benefit of cur2 rent and future generations; and 

3 (5) to provide appropriate linkages between 

4 units of the National Park System and communities, 

5 governments, and organizations within the National 

6 Heritage Area. 

7 SEC. 2113. DEFINITIONS. 

8 In this subtitle: 

9 (1) NATIONAL HERITAGE AREA.—The term ‘‘Na10 tional Heritage Area’’ means the Santa Cruz Valley 

11 National Heritage Area established in this subtitle. 

12 (2) LOCAL COORDINATING ENTITY.—The term 

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

14 Valley Heritage Alliance, Inc., which is hereby des15 ignated by Congress— 

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

17 the management plan for the National Heritage 

18 Area; and 

19 (B) to act as a catalyst for the implementa20 tion of projects and programs among diverse 

21 partners in the National Heritage Area. 

22 (3) MANAGEMENT PLAN.—The term ‘‘manage23 ment plan’’ means the plan prepared by the local co24 ordinating entity for the National Heritage Area that 

25 specifies actions, policies, strategies, performance 


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1 goals, and recommendations to meet the goals of the 

2 National Heritage Area, in accordance with this sub3 title. 

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

5 the Secretary of the Interior. 

6 SEC. 2114. DESIGNATION OF SANTA CRUZ VALLEY NA7 TIONAL HERITAGE AREA. 

8 (a) ESTABLISHMENT.—There is hereby established the 

9 Santa Cruz Valley National Heritage Area. 

10 (b) BOUNDARIES.— 

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

12 shall consist of portions of the counties of Santa Cruz 

13 and Pima. 

14 (2) MAP.—The boundaries of the National Herit15 age Area shall be as generally depicted on the map ti16 tled ‘‘Santa Cruz Valley National Heritage Area’’, 

17 and numbered lllllll, and dated 

18 lllllll. The map be on file and available 

19 to the public in the appropriate offices of the National 

20 Park Service and the local coordinating entity. 

21 SEC. 2115. MANAGEMENT PLAN. 

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

23 National Heritage Area shall— 

24 (1) describe comprehensive policies, goals, strate25 gies, and recommendations for telling the story of the 


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1 heritage of the area covered by the National Heritage 

2 Area and encouraging long-term resource protection, 

3 enhancement, interpretation, funding, management, 

4 and development of the National Heritage Area; 

5 (2) include a description of actions and commit6 ments that Federal, State, Tribal, and local govern7 ments, private organizations, and citizens will take to 

8 protect, enhance, interpret, fund, manage, and develop 

9 the natural, historical, cultural, educational, scenic, 

10 and recreational resources of the National Heritage 

11 Area; 

12 (3) specify existing and potential sources of 

13 funding or economic development strategies to protect, 

14 enhance, interpret, fund, manage, and develop the Na15 tional Heritage Area; 

16 (4) include an inventory of the natural, histor17 ical, cultural, educational, scenic, and recreational re18 sources of the National Heritage Area related to the 

19 national importance and themes of the National Her20 itage Area that should be protected, enhanced, inter21 preted, managed, funded, and developed; 

22 (5) recommend policies and strategies for re23 source management, including the development of 

24 intergovernmental and interagency agreements to pro25 tect, enhance, interpret, fund, manage, and develop 


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1 the natural, historical, cultural, educational, scenic, 

2 and recreational resources of the National Heritage 

3 Area; 

4 (6) describe a program for implementation for 

5 the management plan, including— 

6 (A) performance goals; 

7 (B) plans for resource protection, enhance8 ment, interpretation, funding, management, and 

9 development; and 

10 (C) specific commitments for implementa11 tion that have been made by the local coordi12 nating entity or any Federal, State, Tribal, or 

13 local government agency, organization, business, 

14 or individual; 

15 (7) include an analysis of, and recommendations 

16 for, means by which Federal, State, Tribal, and local 

17 programs may best be coordinated (including the role 

18 of the National Park Service and other Federal agen19 cies associated with the National Heritage Area) to 

20 further the purposes of this subtitle; 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 manage14 ment plan is not submitted to the Secretary in ac15 cordance with paragraph (1), the local coordinating 

16 entity shall not qualify for any additional financial 

17 assistance under this subtitle until such time as the 

18 management plan is submitted to and approved by 

19 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 a Na24 tional Heritage Area on the basis of the criteria estab25 lished under paragraph (3). 


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1 (2) CONSULTATION.—The Secretary shall consult 

2 with the Governor of each State in which the National 

3 Heritage Area is located before approving a manage4 ment plan for the National Heritage Area. 

5 (3) CRITERIA FOR APPROVAL.—In determining 

6 whether to approve a management plan for a Na7 tional Heritage Area, the Secretary shall consider 

8 whether— 

9 (A) the local coordinating entity represents 

10 the diverse interests of the National Heritage 

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

12 governments, natural and historic resource pro13 tection organizations, educational institutions, 

14 businesses, recreational organizations, commu15 nity residents, and private property owners; 

16 (B) the local coordinating entity— 

17 (i) has afforded adequate opportunity 

18 for public and Federal, State, Tribal, and 

19 local governmental involvement (including 

20 through workshops and hearings) in the 

21 preparation of the management plan; and 

22 (ii) provides for at least semiannual 

23 public meetings to ensure adequate imple24 mentation of the management plan; 


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1 (C) the resource protection, enhancement, 

2 interpretation, funding, management, and devel3 opment strategies described in the management 

4 plan, if implemented, would adequately protect, 

5 enhance, interpret, fund, manage, and develop 

6 the natural, historic, cultural, educational, sce7 nic, and recreational resources of the National 

8 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 as17 surances from the appropriate State, Tribal, and 

18 local officials whose support is needed to ensure 

19 the effective implementation of the State, Tribal, 

20 and local elements of the management plan; and 

21 (G) the management plan demonstrates 

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1 nizations, or private sector parties for implemen2 tation 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 the 

11 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 revised 

15 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 author25 ized by this subtitle to implement an amendment 


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1 to the management plan until the Secretary ap2 proves the amendment. 

3 (6) AUTHORITIES.—The Secretary may— 

4 (A) provide technical assistance under the 

5 authority of this subtitle for the development and 

6 implementation of the management plan; and 

7 (B) enter into cooperative agreements with 

8 interested parties to carry out this subtitle. 

9 SEC. 2116. EVALUATION; REPORT. 

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

11 date on which authority for Federal funding terminates for 

12 the National Heritage Area under this subtitle, the Sec13 retary shall— 

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

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

18 (b) EVALUATION.—An evaluation conducted under 

19 subsection (a)(1) shall— 

20 (1) assess the progress of the local coordinating 

21 entity with respect to— 

22 (A) accomplishing the purposes of the au23 thorizing legislation for the National Heritage 

24 Area; and 


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1 (B) achieving the goals and objectives of the 

2 approved management plan for the National 

3 Heritage Area; 

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

5 and private investments in the National Heritage 

6 Area to determine the impact of the investments; and 

7 (3) review the management structure, partner8 ship relationships, and funding of the National Herit9 age Area for purposes of identifying the critical com10 ponents for sustainability of the National Heritage 

11 Area. 

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

13 under subsection (a)(1), the Secretary shall submit a report 

14 to the Committee on Natural Resources of the United States 

15 House of Representatives and the Committee on Energy and 

16 Natural Resources of the United States Senate. The report 

17 shall include recommendations for the future role of the Na18 tional Park Service, if any, with respect to the National 

19 Heritage Area. 

20 SEC. 2117. LOCAL COORDINATING ENTITY. 

21 (a) DUTIES.—To further the purposes of the National 

22 Heritage Area, the Santa Cruz Valley Heritage Alliance, 

23 Inc., as the local coordinating entity, shall— 


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1 (1) prepare a management plan for the National 

2 Heritage Area, and submit the management plan to 

3 the Secretary, in accordance with this subtitle; 

4 (2) submit an annual report to the Secretary for 

5 each fiscal year for which the local coordinating enti6 ty receives Federal funds under this subtitle, speci7 fying— 

8 (A) the specific performance goals and ac9 complishments of the local coordinating entity; 

10 (B) the expenses and income of the local co11 ordinating entity; 

12 (C) the amounts and sources of matching 

13 funds; 

14 (D) the amounts leveraged with Federal 

15 funds and sources of the leveraging; and 

16 (E) grants made to any other entities dur17 ing the fiscal year; 

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

19 for which the local coordinating entity receives Fed20 eral funds under this subtitle, all information per21 taining to the expenditure of the funds and any 

22 matching funds; and 

23 (4) encourage economic viability and sustain24 ability that is consistent with the purposes of the Na25 tional Heritage Area. 


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1 (b) AUTHORITIES.—For the purposes of preparing and 

2 implementing the approved management plan for the Na3 tional Heritage Area, the local coordinating entity may use 

4 Federal funds made available under this subtitle to— 

5 (1) make grants to political jurisdictions, non6 profit organizations, and other parties within the Na7 tional 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, in21 cluding 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 (c) PROHIBITION ON ACQUISITION OF REAL PROP4 ERTY.—The local coordinating entity may not use Federal 

5 funds authorized under this subtitle to acquire any interest 

6 in real property. 

7 SEC. 2118. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 

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

9 authority of a Federal agency to provide technical or finan10 cial assistance under any other law. 

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

12 any Federal agency planning to conduct activities that may 

13 have an impact on a National Heritage Area is encouraged 

14 to consult and coordinate the activities with the Secretary 

15 and the local coordinating entity to the maximum extent 

16 practicable. 

17 (c) OTHER FEDERAL AGENCIES.—Nothing in this sub18 title— 

19 (1) modifies, alters, or amends any law or regu20 lation authorizing a Federal agency to manage Fed21 eral land under the jurisdiction of the Federal agency; 

22 (2) limits the discretion of a Federal land man23 ager to implement an approved land use plan within 

24 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. 2119. 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 public 

13 access (including access by Federal, State, Tribal, or 

14 local agencies) to the property of the property owner, 

15 or to modify public access or use of property of the 

16 property owner under any other Federal, State, Trib17 al, or local law; 

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

19 approved land use plan, or other regulatory authority 

20 of any Federal, State, Tribal, or local agency, or con21 veys any land use or other regulatory authority to 

22 any local coordinating entity, including but not nec23 essarily limited to development and management of 

24 energy, water, or water-related infrastructure; 


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

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

6 or 

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

8 under any other law, of any private property owner 

9 with respect to any person injured on the private 

10 property. 

11 SEC. 2120. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Subject to 

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

14 carry out this subtitle not more than $1,000,000 for any 

15 fiscal year. Funds so appropriated shall remain available 

16 until expended. 

17 (b) LIMITATION ON TOTAL AMOUNTS APPRO18 PRIATED.—Not more than $15,000,000 may be appro19 priated to carry out this subtitle. 

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

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

22 shall be not more than 50 percent; the non-Federal contribu23 tion may be in the form of in-kind contributions of goods 

24 or services fairly valued. 


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1 SEC. 2121. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

2 Nothing in this subtitle shall preclude the local coordi3 nating entity from using Federal funds available under 

4 other laws for the purposes for which those funds were au5 thorized. 

6 SEC. 2122. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 

7 The authority of the Secretary to provide financial as8 sistance under this subtitle terminates on the date that is 

9 15 years after the date of enactment of this subtitle. 

10 TITLE III—STUDY 

11 SEC. 3001. STUDY AND REPORT OF PROPOSED NORTHERN 

12 NECK NATIONAL HERITAGE AREA. 

13 (a) The Secretary of the Interior (hereafter referred to 

14 as ‘‘the Secretary’’), in consultation with appropriate State 

15 historic preservation officers, State historical societies, and 

16 other appropriate organizations, shall conduct a study of 

17 the suitability and feasibility of designating the area de18 scribed in subsection (d) as the Northern Neck National 

19 Heritage Area in the Commonwealth of Virginia. 

20 (b) CRITERIA.—In conducting the study, the Secretary 

21 shall apply the following criteria to determine the suit22 ability and feasibility of designating the area described in 

23 subsection (d) as a National Heritage Area: 

24 (1) The area— 

25 (A) has an assemblage of natural, historic, 

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1 sources that together are nationally important to 

2 the heritage of the United States; 

3 (B) represents distinctive aspects of the her4 itage of the United States worthy of recognition, 

5 conservation, interpretation, and continuing use; 

6 (C) is best managed as such an assemblage 

7 through partnerships among public and private 

8 entities at the local or regional level; 

9 (D) reflects traditions, customs, beliefs, and 

10 folklife that are a valuable part of the heritage 

11 of the United States; 

12 (E) provides outstanding opportunities to 

13 conserve natural, historical, cultural, or scenic 

14 features; 

15 (F) provides outstanding recreational or 

16 educational opportunities; and 

17 (G) has resources and traditional uses that 

18 have national importance. 

19 (2) Residents, business interests, nonprofit orga20 nizations, and governments (including relevant Fed21 eral land management agencies) within the proposed 

22 area are involved in the planning and have dem23 onstrated significant support through letters and 

24 other means for National Heritage Area designation 

25 and management. 


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1 (3) The local coordinating entity responsible for 

2 preparing and implementing the management plan is 

3 identified. 

4 (4) The proposed local coordinating entity and 

5 units of government supporting the designation have 

6 documented their commitment to work in partnership 

7 to protect, enhance, interpret, fund, manage, and de8 velop resources within the National Heritage Area. 

9 (5) The proposed local coordinating entity has 

10 developed a conceptual financial plan that outlines 

11 the roles of all participants (including the Federal 

12 Government) in the management of the National Her13 itage Area. 

14 (6) The proposal is consistent with continued 

15 economic activity within the area. 

16 (7) A conceptual boundary map has been devel17 oped and is supported by the public and partici18 pating Federal agencies. 

19 (c) CONSULTATION.—In conducting the study, the Sec20 retary shall consult with the managers of any Federal land 

21 within the proposed National Heritage Area and secure the 

22 concurrence of the managers with the findings of the study 

23 before making a determination for designation. 


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1 (d) BOUNDARIES OF THE STUDY AREA.—The study 

2 area referred to in subsection (a) shall be comprised of the 

3 following: 

4 (1) The part of Virginia between the Potomac 

5 and the Rappahannock Rivers in eastern coastal Vir6 ginia. 

7 (2) Westmoreland, Northumberland, Richmond, 

8 King George, and Lancaster Counties, Virginia. 

9 (3) Other areas that have heritage aspects that 

10 are similar to those aspects that are in the areas de11 scribed in paragraphs (1) and (2) and which are ad12 jacent to or in the vicinity of those areas. 

13 (e) REPORT.—The Secretary shall 

14 (1) review, comment on, and determine if the 

15 study meets the criteria specified in subsection (b) for 

16 designation as a National Heritage Area; 

17 (2) consult with the Governor of the Common18 wealth of Virginia; and 

19 (3) not later than 3 fiscal years after the date on 

20 which funds are first made available for this section, 

21 submit to the Committee on Natural Resources of the 

22 House of Representatives and the Committee on En23 ergy and Natural Resources of the Senate a report on 

24 the findings, conclusions and recommendations of the 

25 study, including— 


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1 (A) any comments received from the Gov2 ernor of the Commonwealth of Virginia; and 

3 (B) a finding as to whether the proposed 

4 National Heritage Area meets the criteria for 

5 designation. 

6 (f) DISAPPROVAL.—If the Secretary determines that 

7 the proposed National Heritage Area does not meet the cri8 teria for designation, the Secretary shall include within the 

9 study submitted under subsection (e)(3) a description of the 

10 reasons for the determination. 

11 TITLE IV—TECHNICAL 

12 CORRECTIONS AND ADDITIONS 

13 SEC. 4001. NATIONAL COAL HERITAGE AREA TECHNICAL 

14 CORRECTIONS. 

15 Title I of Division II of the Omnibus Parks and Public 

16 Lands Management Act of 1996 (Public Law 104–333 as 

17 amended by Public Law 106–176 and Public Law 109–338) 

18 is amended— 

19 (1) by striking section 103(b) and inserting the 

20 following: 

21 ‘‘(b) BOUNDARIES.—The National Coal Heritage Area 

22 shall be comprised of Lincoln County, West Virginia, and 

23 Paint Creek and Cabin Creek within Kanawah County, 

24 West Virginia, and the counties that are the subject of the 

25 study by the National Park Service, dated 1993, entitled 


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1 ‘A Coal Mining Heritage Study: Southern West Virginia’ 

2 conducted pursuant to title VI of Public Law 100–699.’’; 

3 (2) by striking section 105 and inserting the fol4 lowing: 

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 Virginia, 

9 and Paint Creek and Cabin Creek in Kanawah Coun10 ty, West Virginia, as determined to be appropriate by 

11 the National Coal Heritage Area Authority; and 

12 ‘‘(2) the resources set forth in appendix D of the 

13 study by the National Park Service, dated 1993, enti14 tled ‘A Coal Mining Heritage Study: Southern West 

15 Virginia’ conducted pursuant to title VI of Public 

16 Law 100–699. 

17 ‘‘(b) PRIORITY.—Priority consideration shall be given 

18 to those sites listed as ‘Conservation Priorities’ and ‘Impor19 tant Historic Resources’ as depicted on the map entitled 

20 ‘Study Area: Historic Resources’ in such study.’’; 

21 (3) in section 106(a)— 

22 (A) by striking ‘‘Governor’’ and all that fol23 lows through ‘‘Parks,’’ and inserting ‘‘National 

24 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 ‘‘en3 tities, or’’ and inserting ‘‘National Coal Heritage 

4 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 Omnibus 

10 Parks and Public Lands Management Act of 1996 (Public 

11 Law 104–333) is amended by inserting ‘‘Butler,’’ after 

12 ‘‘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 subpara18 graphs: 

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 the 

11 feasibility study and management plan; 

12 (3) in the heading of section 808(a)(3), by strik13 ing ‘‘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), (5), 

22 and (6), respectively; 

23 (C) in paragraph (2) (as redesignated by 

24 this Act), by striking ‘‘808’’ and inserting ‘‘806’’; 

25 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), by 

8 striking ‘‘808’’ and inserting ‘‘806’’; 

9 (8) by striking sections 805 and 806; 

10 (9) by redesignating sections 807, 808, 809, 810, 

11 811, and 812 as sections 805, 806, 807, 808, 809, and 

12 810, respectively; 

13 (10) in section 805(c)(2) (as redesignated by this 

14 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 Act), 

6 in subsection (c) by striking ‘‘Cayohoga Valley Na7 tional 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 interpre5 tive materials, devices, and signs; and 

6 ‘‘(C) the preparation of the strategic plan.’’. 

7 (2) Paragraph (3) of subsection (b) is amended 

8 by inserting after subparagraph (B) a new subpara9 graph as follows: 

10 ‘‘(C) Notwithstanding paragraph (3)(A), 

11 funds made available under subsection (a) for 

12 the preparation of the strategic plan shall not re13 quire a non-Federal match.’’. 

14 (3) Subsection (c) is amended by striking ‘‘2007’’ 

15 and inserting ‘‘2011’’. 

16 SEC. 4006. ERIE CANALWAY NATIONAL HERITAGE COR17 RIDOR TECHNICAL CORRECTIONS. 

18 The Erie Canalway National Heritage Corridor Act 

19 (title VIII of Appendix D of Public Law 106–554, 114 Stat. 

20 2763A–295) is amended— 

21 (1) in section 804(b)— 

22 (A) by striking ‘‘27’’ and inserting ‘‘at least 

23 21 members, but not to exceed 27’’; 

24 (B) in paragraph (2), by striking ‘‘Envi25 ronment’’ and inserting ‘‘Environmental’’; 


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1 (C) in paragraph (3), by striking ‘‘19’’; 

2 (D) in paragraph (3)— 

3 (i) by striking subparagraph (A) and 

4 redesignating subsequent subparagraphs ac5 cordingly; 

6 (ii) in subparagraph (B) (as redesig7 nated by clause (i)), by striking the second 

8 sentence; and 

9 (iii) by adding after subparagraph (B) 

10 the following new subparagraph: 

11 ‘‘(C) The remaining members shall be based 

12 on recommendations from each member of the 

13 United States House of Representatives whose 

14 district encompasses the Corridor, each of whom 

15 shall be a resident of or employed within the dis16 trict from which they shall be recommended.’’; 

17 (2) in section 804(f), by striking ‘‘Fourteen 

18 members of the Commission’’ and inserting ‘‘A major19 ity of the seated (sworn) Commissioners’’; 

20 (3) in section 804(g), by striking ‘‘14 of its mem21 bers.’’ and inserting ‘‘a majority of the seated (sworn) 

22 Commissioners.’’; 

23 (4) in section 804(h)(4), by striking ‘‘staff to 

24 carry out its duties;’’ and inserting ‘‘such staff as 


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1 may be necessary to carry out its duties. Staff ap2 pointed by the Commission— 

3 ‘‘(A) may be appointed subject to the provi4 sions of title 5, United States Code, governing 

5 appointments in the competitive service; and 

6 ‘‘(B) may be paid in accordance with the 

7 provisions of chapter 51 and subchapter III of 

8 chapter 53 of such title relating to the classifica9 tion and General Schedule pay rates;’’; 

10 (5) in section 804(j), by striking ‘‘10 years after 

11 the date of enactment of this title’’ and inserting ‘‘15 

12 years after the date of the enactment of this title’’; 

13 (6) in section 807(e), by striking ‘‘duties with re14 gard to the preparation and approval of the 

15 Canalway Plan.’’ and inserting ‘‘duties.’’; 

16 (7) in section 807, by adding at the end the fol17 lowing: 

18 ‘‘(f) OPERATIONAL ASSISTANCE.—Subject to the avail19 ability of appropriations, the Superintendent of Saratoga 

20 National Historical Park may, on request, provide to public 

21 and private organizations in the Heritage Area, including 

22 the Commission, any operational assistance that is appro23 priate for the purpose of supporting the implementation of 

24 the management plan.’’; and 


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1 (8) in section 810(a)(1), by inserting after the 

2 first sentence: ‘‘Such sums shall remain available 

3 until expended.’’. 

4 TITLE V—SENSE OF CONGRESS 

5 REGARDING FUNDING 

6 SEC. 5001. SENSE OF CONGRESS REGARDING FUNDING. 

7 It is the sense of Congress that the Federal Government 

8 should not fund a national heritage area in perpetuity. 


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Union Calendar No. 242 

110TH CONGRESS 

1ST SESSION H. R. 1483 

[Report No. 110

–388] 

A BILL 

To amend the Omnibus Parks and Public Lands 

for other purposes. ization for certain national heritage areas, and Management Act of 1996 to extend the authorOCTOBER 18, 2007 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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