II 

108TH CONGRESS 

2D SESSION S. 2224

To establish the Bleeding Kansas and the Enduring Struggle for Freedom 

National Heritage Area, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 23, 2004

Mr. BROWNBACK (for himself and Mr. ROBERTS) introduced the following bill; 

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

A BILL

To establish the Bleeding Kansas and the Enduring Struggle 

for Freedom National Heritage Area, and for other purposes.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bleeding Kansas Na5 tional Heritage Area Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The Bleeding Kansas National Heritage 

9 Area is a cohesive assemblage of natural, historic, 

10 cultural, and recreational resources that—
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1 (A) together represent distinctive aspects 

2 of American heritage worthy of recognition, 

3 conservation, interpretation, and continuing 

4 use; 

5 (B) are best managed through partner6 ships between private and public entities; and 

7 (C) will build upon the Kansas rural devel8 opment policy and the new homestead act to 

9 recognize inherent strengths of small towns and 

10 rural communities—close-knit communities, 

11 strong local business networks, and a tradition 

12 of entrepreneurial creativity. 

13 (2) The Bleeding Kansas National Heritage 

14 Area reflects traditions, customs, beliefs, folk life, or 

15 some combination thereof, that are a valuable part 

16 of the heritage of the United States. 

17 (3) The Bleeding Kansas National Heritage 

18 Area provides outstanding opportunities to conserve 

19 natural, cultural, or historic features, or some com20 bination thereof. 

21 (4) The Bleeding Kansas National Heritage 

22 Area provides outstanding recreational and interpre23 tive opportunities. 

24 (5) The Bleeding Kansas National Heritage 

25 Area has an identifiable theme, and resources impor-
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1 tant to the theme retain integrity capable of sup2 porting interpretation. 

3 (6) Residents, nonprofit organizations, other 

4 private entities, and units of local government 

5 throughout the Bleeding Kansas National Heritage 

6 Area demonstrate support for designation of the 

7 Bleeding Kansas National Heritage Area as a na8 tional heritage area and for management of the 

9 Bleeding Kansas National Heritage Area as appro10 priate for such designation. 

11 (7) Capturing these interconnected stories 

12 through partnerships with National Park Service 

13 sites, Kansas State Historical Society sites, local or14 ganizations, and citizens will augment the story op15 portunities within the prospective boundary for the 

16 educational and recreational benefit of this and fu17 ture generations of Americans. 

18 (8) Communities throughout this region know 

19 the value of their Bleeding Kansas legacy, but re20 quire expansion of the existing cooperative frame21 work to achieve key preservation, education, and 

22 other significant goals by working more closely to23 gether. 

24 (9) The State of Kansas officially recognized 

25 the national significance of the Bleeding Kansas 
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1 story when it designated the heritage area develop2 ment as a significant strategic goal within the state3 wide economic development plan. 

4 (10) Territorial Kansas Heritage Alliance is a 

5 nonprofit corporation created for the purposes of 

6 preserving, interpreting, developing, promoting and, 

7 making available to the public the story and re8 sources related to the story of Bleeding Kansas and 

9 the Enduring Struggle for Freedom. 

10 (11) Territorial Kansas Heritage Alliance has 

11 completed a study that—

12 (A) describes in detail the role, operation, 

13 financing, and functions of Territorial Kansas 

14 Heritage Alliance, the management entity; and 

15 (B) provides adequate assurances that 

16 Territorial Kansas Heritage Alliance, the man17 agement entity, is likely to have the financial 

18 resources necessary to implement the manage19 ment plan for the Heritage Area, including re20 sources to meet matching requirement for 

21 grants. 

22 (12) There are at least 7 National Historic 

23 Landmarks, 32 National Register properties, 3 Kan24 sas Register properties, and 7 properties listed on 

25 the National Underground Railroad Network to 
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1 Freedom that contribute to the Heritage Area as 

2 well as other significant properties that have not 

3 been designated at this time. 

4 (13) There is an interest in interpreting all 

5 sides of the Bleeding Kansas story that requires fur6 ther work with several counties in Missouri inter7 ested in joining the area. 

8 (14) In 2004, the State of Kansas is commemo9 rating the Sesquicentennial of the signing of the 

10 Kansas-Nebraska Act, opening the territory to set11 tlement. 

12 (b) PURPOSES.—The purposes of this Act are as fol13 lows: 

14 (1) To designate a region in eastern Kansas 

15 and western Missouri containing nationally impor16 tant natural, historic, and cultural resources and 

17 recreational and educational opportunities that are 

18 geographically assembled and thematically related as 

19 areas that provide unique frameworks for under20 standing the great and diverse character of the 

21 United States and the development of communities 

22 and their surroundings as the Bleeding Kansas Na23 tional Heritage Area. 

24 (2) To strengthen, complement, and support 

25 the Fort Scott, Brown v. Board of Education,
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1 Nicodemus and Tallgrass Prairie sites through the 

2 interpretation and conservation of the associated liv3 ing landscapes outside of the boundaries of these 

4 units of the National Park System. 

5 (3) To describe the extent of Federal respon6 sibilities and duties in regard to the Heritage Area. 

7 (4) To further collaboration and partnerships 

8 among Federal, State, and local governments, non9 profit organizations, and the private sector, or com10 binations thereof, to conserve and manage the re11 sources and opportunities in the Heritage Area 

12 through grants, technical assistance, training and 

13 other means. 

14 (5) To authorize Federal financial and technical 

15 assistance to management entity to assist in the con16 servation and interpretation of the Heritage Area. 

17 (6) To empower communities and organizations 

18 in Kansas to preserve the special historic identity of 

19 Bleeding Kansas and with it the identity of the Na20 tion. 

21 (7) To provide for the management, preserva22 tion, protection, and interpretation of the natural, 

23 historical, and cultural resources within the region 

24 for the educational and inspirational benefit of cur25 rent and future generations. 
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1 (8) To provide greater community capacity 

2 through inter-local cooperation. 

3 (9) To provide a vehicle, particularly in the four 

4 counties with high out-migration of population, to 

5 recognize that self-reliance and resilience will be the 

6 keys to their economic future. 

7 (10) To build upon the Kansas rural develop8 ment policy, the Kansas agritourism initiative and 

9 the new homestead act to recognize inherent 

10 strengths of small towns and rural communities—

11 close-knit communities, strong local business net12 works, and a tradition of entrepreneurial creativity. 

13 (11) To educate and cultivate among its citi14 zens, particularly its youth, the stories and cultural 

15 resources of the region’s legacy that—

16 (A) reflect the popular phrase ‘‘Bleeding 

17 Kansas’’ describing the conflict over slavery 

18 that became nationally prominent in Kansas 

19 just before and during the American Civil War; 

20 (B) reflect the commitment of American 

21 settlers who first fought and killed to uphold 

22 their different and irreconcilable principles of 

23 freedom and equality during the years of the 

24 Kansas Conflict; 
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1 (C) reflect the struggle for freedom, experi2 enced during the ‘‘Bleeding Kansas’’ era, that 

3 continues to be a vital and pressing issue asso4 ciated with the real problem of democratic na5 tion building; and 

6 (D) recreate the physical environment re7 vealing its impact on agriculture, transpor8 tation, trade and business, and social and cul9 tural patterns in urban and rural settings. 

10 (12) To interpret the effect of the era’s demo11 cratic ethos on the development of America’s distinc12 tive political culture. 

13 SEC. 3. DEFINITIONS. 

14 For the purposes of this Act: 

15 (1) MANAGEMENT ENTITY.—The term ‘‘man16 agement entity’’ means Territorial Kansas Heritage 

17 Alliance, recognized by the Secretary, in consultation 

18 with the chief executive officer of the State of Kan19 sas, that agrees to perform the duties of a local co20 ordinating entity under this Act. 

21 (2) HERITAGE AREA.—The term ‘‘Heritage 

22 Area’’ means the Bleeding Kansas and the Enduring 

23 Struggle for Freedom National Heritage Area in 

24 eastern Kansas and western Missouri. 
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (4) UNIT OF LOCAL GOVERNMENT.—The term 

4 ‘‘unit of local government’’ means the government of 

5 a State, a political subdivision of a State, or an In6 dian tribe. 

7 SEC. 4. BLEEDING KANSAS AND THE ENDURING STRUGGLE 

8 FOR FREEDOM NATIONAL HERITAGE AREA. 

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

10 State of Kansas the Bleeding Kansas and the Enduring 

11 Struggle for Freedom National Heritage Area. 

12 (b) BOUNDARIES.—The Heritage Area shall include 

13 the following: 

14 (1) An area located in eastern Kansas and 

15 western Missouri, consisting currently of Allen, An16 derson, Bourbon, Cherokee, Clay, Coffey, Crawford, 

17 Douglas, Franklin, Geary, Johnson, Labette, Leav18 enworth, Linn, Miami, Neosho, Pottawatomie, Riley, 

19 Shawnee, Wabaunsee, Wilson, Woodson, Wyandotte 

20 Counties in Kansas and tentatively including addi21 tional counties in Kansas and western Missouri to be 

22 included in the development of the management 

23 plan. 
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1 (2) Contributing sites, buildings, and districts 

2 within the area will be recommended by the manage3 ment plan. 

4 (c) MAP.—Final boundary will be defined during the 

5 management plan development. A map of the Heritage 

6 Area shall be included in the management plan. The map 

7 shall be on file in the appropriate offices of the National 

8 Park Service, Department of the Interior. 

9 (d) MANAGEMENT ENTITY.—The management entity 

10 for the Heritage Area shall be Territorial Kansas Heritage 

11 Alliance, a nonprofit organization established in the State 

12 of Kansas, recognized by the Secretary, in consultation 

13 with the chief executive officer of the State of Kansas, that 

14 agrees to perform the duties of a local coordinating entity 

15 under this Act. 

16 SEC. 5. AUTHORITIES, DUTIES, AND PROHIBITIONS OF THE 

17 MANAGEMENT ENTITY. 

18 (a) AUTHORITIES.—The management entity may, for 

19 purposes of preparing and implementing the management 

20 plan, use funds made available under this Act to—

21 (1) prepare a management plan for the Herit22 age Area; 

23 (2) prepare reports, studies, interpretive exhib24 its and programs, historic preservation projects, and
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1 other activities recommended in the management 

2 plan for the Heritage Area; 

3 (3) pay for operational expenses of the manage4 ment entity incurred within the first 10 fiscal years 

5 beginning after the date of the enactment of this Act 

6 designating the Heritage Area; 

7 (4) make grants or loans to entities defined in 

8 the management plan; 

9 (5) enter into cooperative agreements with the 

10 State of Kansas, its political subdivisions, nonprofit 

11 organizations, and other organizations; 

12 (6) hire and compensate staff; 

13 (7) obtain money from any source under any 

14 program or law to be used for a regrant program re15 quiring the recipient of such money to make a con16 tribution in order to receive it; 

17 (8) contract for goods and services; and 

18 (9) offer a competitive grants program to con19 tributing partners requiring a dollar-for-dollar match 

20 of Federal funds. 

21 (b) DUTIES OF THE MANAGEMENT ENTITY.—In ad22 dition to developing the management plan, the manage23 ment entity shall—

24 (1) give priority to the implementation of ac25 tions, goals, strategies, and standards set forth in 
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1 the management plan, including assisting units of 

2 government and other persons in—

3 (A) encouraging economic viability in the 

4 Heritage Area in accordance with the goals of 

5 the management plan; 

6 (B) establishing interpretive exhibits in the 

7 Heritage Area; 

8 (C) increasing public awareness of and ap9 preciation for the cultural, historical, and nat10 ural resources of the Heritage Area; 

11 (D) supporting the restoration of historic 

12 buildings that are—

13 (i) located in the Heritage Area; and 

14 (ii) related to the themes of the Herit15 age Area; 

16 (E) the conservation of contributing land17 scapes and natural resources; and 

18 (F) the installation throughout the Herit19 age Area of signs identifying public access 

20 points and sites of interest; 

21 (2) prepare and implement the management 

22 plan while considering the interests of diverse units 

23 of government, businesses, private property owners, 

24 and nonprofit groups within the Heritage Area; 
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1 (3) conduct public meetings in conjunction with 

2 training and skill building workshops regarding the 

3 development and implementation of the management 

4 plan; and 

5 (4) for any fiscal year for which Federal funds 

6 are received under this Act—

7 (A) submit to the Secretary a report that 

8 describes, for the year—

9 (i) accomplishments of the manage10 ment entity; 

11 (ii) expenses and income of the man12 agement entity; 

13 (iii) each entity to which a grant was 

14 made; and 

15 (iv) an accounting of matching funds 

16 obtained to meet grant guidelines; 

17 (B) conduct an annual audit with a neutral 

18 auditing firm and make available for audit by 

19 Congress, the Secretary, and appropriate units 

20 of government, all records pertaining to the ex21 penditure of the funds and any matching funds; 

22 and 

23 (C) require, for all agreements authorizing 

24 expenditure of Federal funds by any entity, 

25 that the receiving entity make available for 
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1 audit all records pertaining to the expenditure 

2 of their funds. 

3 (c) PROHIBITION OF ACQUISITION OF REAL PROP4 ERTY.—The management entity shall not use Federal 

5 funds received under this Act to acquire real property or 

6 an interest in real property. 

7 (d) OTHER SOURCES.—Nothing in this Act precludes 

8 the management entity from using Federal funds from 

9 other sources for authorized purposes. 

10 SEC. 6. MANAGEMENT PLAN. 

11 (a) REQUIREMENTS.—The management entity shall: 

12 (1) MANAGEMENT PLAN.—Not later than 3 

13 years after the date funds are made available for 

14 this purpose, prepare and submit a management 

15 plan reviewed by participating units of local govern16 ment within the boundaries of the proposed Heritage 

17 Area. 

18 (2) COLLABORATION.—Collaborate with and 

19 consider the interests of diverse units of government, 

20 businesses, tourism officials, private property own21 ers, and nonprofit groups within the geographic area 

22 of the Heritage Area in developing and imple23 menting such a management plan. 

24 (3) PUBLIC INVOLVEMENT.—Ensure regular 

25 public involvement, including public meetings at 
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1 least annually, regarding the implementation of the 

2 management plan. 

3 (b) CONTENTS OF MANAGEMENT PLAN.—The man4 agement plan prepared for the Heritage Area shall—

5 (1) present a comprehensive program for the 

6 conservation, interpretation, funding, management, 

7 and development of the Heritage Area, in a manner 

8 consistent with the existing local, State, and Federal 

9 land use laws and compatible economic viability of 

10 the Heritage Area; 

11 (2) establish criteria or standards to measure 

12 what is selected for conservation, interpretation, 

13 funding, management, and development; 

14 (3) involve residents, public agencies, and pri15 vate organizations working in the Heritage Area; 

16 (4) specify and coordinate, as of the date of the 

17 management plan, existing and potential sources of 

18 technical and financial assistance under this and 

19 other Federal laws to protect, manage, and develop 

20 the Heritage Area; and 

21 (5) include—

22 (A) actions to be undertaken by units of 

23 government and private organizations to pro24 tect, conserve, and interpret the resources of 

25 the Heritage Area;
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1 (B) an inventory of the resources con2 tained in the Heritage Area, including a list of 

3 any property in the Heritage Area that is re4 lated to the themes of the Heritage Area and 

5 that meets the establishing criteria (such as, 

6 but not exclusive to, visitor readiness) to merit 

7 preservation, restoration, management, develop8 ment, or maintenance because of its natural, 

9 cultural, historical, or recreational significance; 

10 (C) policies for resource management in11 cluding the development of intergovernmental 

12 cooperative agreements, private sector agree13 ments, or any combination thereof, to protect 

14 the historical, cultural, recreational, and natural 

15 resources of the Heritage Area in a manner 

16 consistent with supporting appropriate and 

17 compatible economic viability; 

18 (D) a program for implementation of the 

19 management plan by the designated manage20 ment entity, in cooperation with its partners 

21 and units of local government; 

22 (E) evidence that relevant State, county, 

23 and local plans applicable to the Heritage Area 

24 have been taken into consideration; 
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1 (F) an analysis of ways in which local, 

2 State, and Federal programs may best be co3 ordinated to promote the purposes of this Act; 

4 and 

5 (G) a business plan that—

6 (i) describes in detail the role, oper7 ation, financing, and functions of the man8 agement entity for each activity included in 

9 the recommendations contained in the 

10 management plan; and 

11 (ii) provides, to the satisfaction of the 

12 Secretary, adequate assurances that the 

13 management entity is likely to have the fi14 nancial resources necessary to implement 

15 the management plan for the Heritage 

16 Area, including resources to meet matching 

17 requirement for grants awarded under this 

18 Act. 

19 (c) PUBLIC NOTICE.—The management entity shall 

20 place a notice of each of its public meetings in a newspaper 

21 of general circulation in the Heritage Area and shall make 

22 the minutes of the meeting available to the public. 

23 (d) DISQUALIFICATION FROM FUNDING.—If a pro24 posed management plan is not submitted to the Secretary 

25 within 4 years of the date of the enactment of this Act, 
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1 the management entity shall be ineligible to receive addi2 tional funding under this title until the date on which the 

3 Secretary receives the proposed management plan. 

4 (e) APPROVAL AND DISAPPROVAL OF MANAGEMENT

5 PLAN.—The Secretary shall approve or disapprove the 

6 proposed management plan submitted under this title not 

7 later than 90 days after receiving such proposed manage8 ment plan. 

9 (f) ACTION FOLLOWING DISAPPROVAL.—If the Sec10 retary disapproves a proposed management plan, the Sec11 retary shall advise the management entity in writing of 

12 the reasons for the disapproval and shall make rec13 ommendations for revisions to the proposed management 

14 plan. The Secretary shall approve or disapprove a pro15 posed revision within 90 days after the date it is sub16 mitted. 

17 (g) APPROVAL OF AMENDMENTS.—The Secretary 

18 shall review and approve substantial amendments to the 

19 management plan. Funds appropriated under this title 

20 may not be expended to implement any changes made by 

21 such amendment until the Secretary approves the amend22 ment. 

23 SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

24 FEDERAL AGENCIES. 

25 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—
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1 (1) IN GENERAL.—On the request of the man2 agement entity, the Secretary may provide technical 

3 and financial assistance for the development and im4 plementation of the management plan. 

5 (2) PRIORITY FOR ASSISTANCE.—In providing 

6 assistance under paragraph (1), the Secretary shall 

7 give priority to actions that assist in—

8 (A) conserving the significant cultural, his9 toric, and natural resources of the Heritage 

10 Area; and 

11 (B) providing educational, interpretive, and 

12 recreational opportunities consistent with the 

13 purposes of the Heritage Area. 

14 (3) SPENDING FOR NON-FEDERAL PROPERTY.—

15 The management entity may expend Federal funds 

16 made available under this Act on non-Federal prop17 erty that—

18 (A) meets the criteria in the approved 

19 management plan; or 

20 (B) is listed or eligible for listing on the 

21 National Register of Historic Places. 

22 (4) OTHER ASSISTANCE.—The Secretary may 

23 enter into cooperative agreements with public and 

24 private organizations to carry out this subsection.
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1 (b) OTHER FEDERAL AGENCIES.—Any Federal enti2 ty conducting or supporting an activity that directly af3 fects the Heritage Area shall—

4 (1) consider the potential effect of the activity 

5 on the purposes of the Heritage Area and the man6 agement plan; 

7 (2) consult with the management entity regard8 ing the activity; and 

9 (3) to the maximum extent practicable, conduct 

10 or support the activity to avoid adverse effects on 

11 the Heritage Area. 

12 (c) OTHER ASSISTANCE NOT AFFECTED.—This Act 

13 does not affect the authority of any Federal official to pro14 vide technical or financial assistance under any other law. 

15 (d) NOTIFICATION OF OTHER FEDERAL ACTIVI16 TIES.—The head of each Federal agency shall provide to 

17 the Secretary and the management entity, to the extent 

18 practicable, advance notice of all activities that may have 

19 an impact on the Heritage Area. 

20 SEC. 8. PRIVATE PROPERTY PROTECTION. 

21 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

22 this Act shall be construed to require any private property 

23 owner to permit public access (including Federal, State, 

24 or local government access) to such private property. 

25 Nothing in this Act shall be construed to modify any provi-
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1 sion of Federal, State, or local law with regard to public 

2 access to or use of private lands. 

3 (b) LIABILITY.—Designation of the Heritage Area 

4 shall not be considered to create any liability, or to have 

5 any effect on any liability under any other law, of any pri6 vate property owner with respect to any persons injured 

7 on such private property. 

8 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

9 USE.—Nothing in this Act shall be construed to modify 

10 any authority of Federal, State, or local governments to 

11 regulate land use. 

12 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

13 IN HERITAGE AREAS.—Nothing in this Act shall be con14 strued to require the owner of any private property located 

15 within the boundaries of the Heritage Area to participate 

16 in or be associated with the Heritage Area. 

17 (e) LAND USE REGULATION.—

18 (1) IN GENERAL.—The management entity 

19 shall provide assistance and encouragement to State 

20 and local governments, private organizations, and 

21 persons to protect and promote the resources and 

22 values of the Heritage Area. 

23 (2) EFFECT.—Nothing in this Act—
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1 (A) affects the authority of the State or 

2 local governments to regulate under law any use 

3 of land; or 

4 (B) grants any power of zoning or land use 

5 to the management entity. 

6 (f) PRIVATE PROPERTY.—

7 (1) IN GENERAL.—The management entity 

8 shall be an advocate for land management practices 

9 consistent with the purposes of the Heritage Area. 

10 (2) EFFECT.—Nothing in this Act—

11 (A) abridges the rights of any person with 

12 regard to private property; 

13 (B) affects the authority of the State or 

14 local government regarding private property; or 

15 (C) imposes any additional burden on any 

16 property owner. 

17 SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE 

18 PROPERTY. 

19 (a) NOTIFICATION AND CONSENT OF PROPERTY

20 OWNERS REQUIRED.—No privately owned property shall 

21 be governed by the management plan for the Heritage 

22 Area until the owner of that private property has been 

23 notified in writing by the management entity and has 

24 given written consent for such inclusion to the manage25 ment entity. 
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1 (b) LANDOWNER WITHDRAW.—Any owner of private 

2 property included within the boundary of the Heritage 

3 Area, and not notified under subsection (a), shall have 

4 their property immediately removed from the boundary by 

5 submitting a written request to the management entity. 

6 SEC. 10. SAVINGS PROVISIONS. 

7 (a) RULES, REGULATIONS, STANDARDS, AND PER8 MIT PROCESSES.—Nothing in this Act shall be construed 

9 to impose any environmental, occupational, safety, or 

10 other rule, regulation, standard, or permit process in the 

11 Heritage Area that is different from those that would be 

12 applicable if the Heritage Area had not been established. 

13 (b) WATER AND WATER RIGHTS.—Nothing in this 

14 Act shall be construed to authorize or imply the reserva15 tion or appropriation of water or water rights. 

16 (c) NO DIMINISHMENT OF STATE AUTHORITY.—

17 Nothing in this Act shall be construed to diminish the au18 thority of the State to manage fish and wildlife, including 

19 the regulation of fishing and hunting within the Heritage 

20 Area. 

21 (d) EXISTING NATIONAL HERITAGE AREAS.—Noth22 ing in this Act shall affect any national heritage area so 

23 designated before the date of the enactment of this Act. 
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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated to carry out this Act $10,000,000, of which not 

4 more than $1,000,000 may be authorized to be appro5 priated for any fiscal year. 

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

7 share of the total cost of any activity assisted under this 

8 Act shall be not more than 50 percent. 

9 SEC. 12. TERMINATION OF AUTHORITY. 

10 The authority of the Secretary to provide assistance 

11 under this Act terminates on the date that is 10 years 

12 after the date of the enactment of this Act.

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