108TH CONGRESS

2D SESSION S. 211

AMENDMENT

In the House of Representatives, U. S.,

October 7, (legislative day, October 6) 2004.

Resolved, That the bill from the Senate (S. 211) entitled

‘‘An Act to establish the Northern Rio Grande National Heritage Area in the State of New Mexico, and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 TITLE I—NORTHERN RIO

2 GRANDE NATIONAL HERIT3 AGE AREA

4 SECTION 101. SHORT TITLE.

5 This Act may be cited as the ‘‘Northern Rio Grande

6 National Heritage Area Act’’.

7 SEC. 102. CONGRESSIONAL FINDINGS.

8 The Congress finds that—

9 (1) northern New Mexico encompasses a mosaic

10 of cultures and history, including eight Pueblos and

11 the descendants of Spanish ancestors who settled in

12 the area in 1598;
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1 (2) the combination of cultures, languages, folk

2 arts, customs, and architecture make northern New

3 Mexico unique;

4 (3) the area includes spectacular natural, scenic,

5 and recreational resources;

6 (4) there is broad support from local govern7 ments and interested individuals to establish a Na8 tional Heritage Area to coordinate and assist in the

9 preservation and interpretation of these resources;

10 (5) in 1991, the National Park Service study Al11 ternative Concepts for Commemorating Spanish Col12 onization identified several alternatives consistent

13 with the establishment of a National Heritage Area,

14 including conducting a comprehensive archaeological

15 and historical research program, coordinating a com16 prehensive interpretation program, and interpreting

17 a cultural heritage scene; and

18 (6) establishment of a National Heritage Area in

19 northern New Mexico would assist local communities

20 and residents in preserving these unique cultural, his21 torical and natural resources.

22 SEC. 103. DEFINITIONS.

23 As used in this Act—

24 (1) the term ‘‘heritage area’’ means the Northern

25 Rio Grande Heritage Area; and
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1 (2) the term ‘‘Secretary’’ means the Secretary of

2 the Interior.

3 SEC. 104. NORTHERN RIO GRANDE NATIONAL HERITAGE

4 AREA.

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

6 Northern Rio Grande National Heritage Area in the State

7 of New Mexico.

8 (b) BOUNDARIES.—The heritage area shall include the

9 counties of Santa Fe, Rio Arriba, and Taos.

10 (c) MANAGEMENT ENTITY.—

11 (1) The Northern Rio Grande National Heritage

12 Area, Inc., a non-profit corporation chartered in the

13 State of New Mexico, shall serve as the management

14 entity for the heritage area.

15 (2) The Board of Directors for the management

16 entity shall include representatives of the State of

17 New Mexico, the counties of Santa Fe, Rio Arriba

18 and Taos, tribes and pueblos within the heritage area,

19 the cities of Santa Fe, Espanola and Taos, and mem20 bers of the general public. The total number of Board

21 members and the number of Directors representing

22 State, local and tribal governments and interested

23 communities shall be established to ensure that all

24 parties have appropriate representation on the Board.
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1 SEC. 105. AUTHORITY AND DUTIES OF THE MANAGEMENT

2 ENTITY.

3 (a) MANAGEMENT PLAN.—

4 (1) Not later than 3 years after the date of enact5 ment of this Act, the management entity shall develop

6 and forward to the Secretary a management plan for

7 the heritage area.

8 (2) The management entity shall develop and

9 implement the management plan in cooperation with

10 affected communities, tribal and local governments

11 and shall provide for public involvement in the devel12 opment and implementation of the management plan.

13 (3) The management plan shall, at a

14 minimum—

15 (A) provide recommendations for the con16 servation, funding, management, and develop17 ment of the resources of the heritage area;

18 (B) identify sources of funding;

19 (C) include an inventory of the cultural,

20 historical, archaeological, natural, and rec21 reational resources of the heritage area;

22 (D) provide recommendations for edu23 cational and interpretive programs to inform the

24 public about the resources of the heritage area;

25 and
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1 (E) include an analysis of ways in which

2 local, State, Federal, and tribal programs may

3 best be coordinated to promote the purposes of

4 this Act.

5 (4) If the management entity fails to submit a

6 management plan to the secretary as provided in

7 paragraph (1), the heritage area shall no longer be el8 igible to receive Federal funding under this Act until

9 such time as a plan is submitted to the Secretary.

10 (5) The Secretary shall approve or disapprove

11 the management plan within 90 days after the date

12 of submission. If the Secretary disapproves the man13 agement plan, the Secretary shall advise the manage14 ment entity in writing of the reasons therefore and

15 shall make recommendations for revisions to the plan.

16 (6) The management entity shall periodically re17 view the management plan and submit to the Sec18 retary any recommendations for proposed revisions to

19 the management plan. Any major revisions to the

20 management plan must be approved by the Secretary.

21 (b) AUTHORITY.—The management entity may make

22 grants and provide technical assistance to tribal and local

23 governments, and other public and private entities to carry

24 out the management plan.

25 (c) DUTIES.—The management entity shall—
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1 (1) give priority in implementing actions set

2 forth in the management plan;

3 (2) encourage by appropriate means economic

4 viability in the heritage area consistent with the goals

5 of the management plan; and

6 (3) assist local and tribal governments and non7 profit organizations in—

8 (A) establishing and maintaining interpre9 tive exhibits in the heritage area;

10 (B) developing recreational resources in the

11 heritage area;

12 (C) increasing public awareness of, and ap13 preciation for, the cultural, historical, archae14 ological and natural resources and sits in the

15 heritage area;

16 (D) the restoration of historic structures re17 lated to the heritage area; and

18 (E) carrying out other actions that the

19 management entity determines appropriate to

20 fulfill the purposes of this Act, consistent with

21 the management plan.

22 (d) PROHIBITIONON ACQUIRING REAL PROPERTY.—

23 The management entity may not use Federal funds received

24 under this Act to acquire real property or an interest in

25 real property.
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1 (e) PUBLIC MEETINGS.—The management entity shall

2 hold public meetings at least annually regarding the imple3 mentation of the management plan.

4 (f) ANNUAL REPORTS AND AUDITS.—

5 (1) For any year in which the management enti6 ty receives Federal funds under this Act, the manage7 ment entity shall submit an annual report to the Sec8 retary setting forth accomplishments, expenses and

9 income, and each entity to which any grant was

10 made by the management entity.

11 (2) The management entity shall make available

12 to the Secretary for audit all records relating to the

13 expenditure of Federal funds and any matching

14 funds. The management entity shall also require, for

15 all agreements authorizing expenditure of Federal

16 funds by other organizations, that the receiving orga17 nization make available to the Secretary for audit all

18 records concerning the expenditure of those funds.

19 SEC. 106. DUTIES OF THE SECRETARY.

20 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—The

21 Secretary may, upon request of the management entity,

22 provide technical and financial assistance to develop and

23 implement the management plan.
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1 (b) PRIORITY.—In providing assistance under sub2 section (a), the Secretary shall give priority to actions that

3 facilitate—

4 (1) the conservation of the significant natural,

5 cultural, historical, archaeological, scenic, and rec6 reational resources of the heritage area; and

7 (2) the provision of educational, interpretive,

8 and recreational opportunities consistent with the re9 sources and associated values of the heritage area.

10 SEC. 107. PRIVATE PROPERTY PROTECTIONS; SAVINGS PRO11 VISIONS.

12 (a) PRIVATE PROPERTY PROTECTION.—

13 (1) NOTIFICATION AND CONSENT OF PROPERTY

14 OWNERS REQUIRED.—No privately owned property

15 shall be preserved, conserved, or promoted by the

16 management plan for the Heritage Area until the

17 owner of that private property has been notified in

18 writing by the management entity and has given

19 written consent for such preservation, conservation or

20 promotion to the management entity.

21 (2) LANDOWNER WITHDRAWAL.—Any owner of

22 private property included within the boundary of the

23 heritage area, shall have their property immediately

24 removed from within the boundary by submitting a

25 written request to the management entity.
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1 (3) ACCESS TO PRIVATE PROPERTY.—Nothing in

2 this Act shall be construed to require any private

3 property owner to permit public access (including

4 Federal, State, or local government access) to such

5 private property. Nothing in this Act shall be con6 strued to modify any provision of Federal, State, or

7 local law with regard to public access to or use of pri8 vate lands.

9 (4) LIABILITY.—Designation of the heritage area

10 shall not be considered to create any liability, or to

11 have any effect on any liability under any other law,

12 of any private property owner with respect to any

13 persons injured on such private property.

14 (5) RECOGNITION OF AUTHORITY TO CONTROL

15 LAND USE.—Nothing in this Act shall be construed to

16 modify any authority of Federal, State, or local gov17 ernments to regulate land use.

18 (6) PARTICIPATIONOF PRIVATE PROPERTY OWN19 ERS INHERITAGE AREA.—Nothing in this Act shall

20 be construed to require the owner of any private prop21 erty located within the boundaries of the heritage area

22 to participate in or be associated with the heritage

23 area.

24 (b) EFFECT OF ESTABLISHMENT.—The boundaries

25 designated for the heritage area represent the area within
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1 which Federal funds appropriated for the purpose of this

2 Act shall be expended. The establishment of the heritage area

3 and its boundaries shall not be construed to provide any

4 nonexisting regulatory authority on land use within the

5 heritage area or its viewshed by the Secretary, the National

6 Park Service, or the management entity.

7 (c) TRIBAL LANDS.—Nothing in this Act shall restrict

8 or limit a tribe from protecting cultural or religious sites

9 on tribal lands.

10 (d) TRUST RESPONSIBILITIES.—Nothing in this Act

11 shall diminish the Federal Government’s trust responsibil12 ities or government-to-government obligations to any feder13 ally recognized Indian tribe.

14 SEC. 108. SUNSET.

15 The authority of the Secretary to provide assistance

16 under this Act terminates on the date that is 15 years after

17 the date of enactment of this Act.

18 SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

19 (a) IN GENERAL.—There are authorized to be appro20 priated to carry out this Act $10,000,000, of which not more

21 than $1,000,000 may be authorized to be appropriated for

22 any fiscal year.

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

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

25 Act shall be not more than 50 percent.
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1 TITLE II—NATIONAL AVIATION

2 HERITAGE AREA

3 SEC. 201. SHORT TITLE.

4 This title may be cited as the ‘‘National Aviation Her5 itage Area Act’’.

6 SEC. 202. FINDINGS AND PURPOSE.

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

8 (1) Few technological advances have transformed

9 the world or our Nation’s economy, society, culture,

10 and national character as the development of powered

11 flight.

12 (2) The industrial, cultural, and natural herit13 age legacies of the aviation and aerospace industry in

14 the State of Ohio are nationally significant.

15 (3) Dayton, Ohio, and other defined areas where

16 the development of the airplane and aerospace tech17 nology established our Nation’s leadership in both

18 civil and military aeronautics and astronautics set

19 the foundation for the 20th Century to be an Amer20 ican Century.

21 (4) Wright-Patterson Air Force Base in Dayton,

22 Ohio, is the birthplace, the home, and an integral

23 part of the future of aerospace.

24 (5) The economic strength of our Nation is con25 nected integrally to the vitality of the aviation and
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1 aerospace industry, which is responsible for an esti2 mated 11,200,000 American jobs.

3 (6) The industrial and cultural heritage of the

4 aviation and aerospace industry in the State of Ohio

5 includes the social history and living cultural tradi6 tions of several generations.

7 (7) The Department of the Interior is responsible

8 for protecting and interpreting the Nation’s cultural

9 and historic resources, and there are significant ex10 amples of these resources within Ohio to merit the in11 volvement of the Federal Government to develop pro12 grams and projects in cooperation with the Aviation

13 Heritage Foundation, Incorporated, the State of Ohio,

14 and other local and governmental entities to ade15 quately conserve, protect, and interpret this heritage

16 for the educational and recreational benefit of this

17 and future generations of Americans, while providing

18 opportunities for education and revitalization.

19 (8) Since the enactment of the Dayton Aviation

20 Heritage Preservation Act of 1992 (Public Law 102–

21 419), partnerships among the Federal, State, and

22 local governments and the private sector have greatly

23 assisted the development and preservation of the his24 toric aviation resources in the Miami Valley.
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1 (9) An aviation heritage area centered in South2 west Ohio is a suitable and feasible management op3 tion to increase collaboration, promote heritage tour4 ism, and build on the established partnerships among

5 Ohio’s historic aviation resources and related sites.

6 (10) A critical level of collaboration among the

7 historic aviation resources in Southwest Ohio cannot

8 be achieved without a congressionally established na9 tional heritage area and the support of the National

10 Park Service and other Federal agencies which own

11 significant historic aviation-related sites in Ohio.

12 (11) The Aviation Heritage Foundation, Incor13 porated, would be an appropriate management entity

14 to oversee the development of the National Aviation

15 Heritage Area.

16 (12) Five National Park Service and Dayton

17 Aviation Heritage Commission studies and planning

18 documents: ‘‘Study of Alternatives: Dayton’s Aviation

19 Heritage’’, ‘‘Dayton Aviation Heritage National His20 torical Park Suitability/Feasibility Study’’, ‘‘Dayton

21 Aviation Heritage General Management Plan’’,

22 ‘‘Dayton Historic Resources Preservation and Devel23 opment Plan’’, and Heritage Area Concept Study,

24 demonstrated that sufficient historical resources exist

25 to establish the National Aviation Heritage Area.
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1 (13) With the advent of the 100th anniversary of

2 the first powered flight in 2003, it is recognized that

3 the preservation of properties nationally significant

4 in the history of aviation is an important goal for the

5 future education of Americans.

6 (14) Local governments, the State of Ohio, and

7 private sector interests have embraced the heritage

8 area concept and desire to enter into a partnership

9 with the Federal government to preserve, protect, and

10 develop the Heritage Area for public benefit.

11 (15) The National Aviation Heritage Area would

12 complement and enhance the aviation-related re13 sources within the National Park Service, especially

14 the Dayton Aviation Heritage National Historical

15 Park, Ohio.

16 (b) PURPOSE.—The purpose of this title is to establish

17 the Heritage Area to—

18 (1) encourage and facilitate collaboration among

19 the facilities, sites, organizations, governmental enti20 ties, and educational institutions within the Heritage

21 Area to promote heritage tourism and to develop edu22 cational and cultural programs for the public;

23 (2) preserve and interpret for the educational

24 and inspirational benefit of present and future gen25 erations the unique and significant contributions to
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1 our national heritage of certain historic and cultural

2 lands, structures, facilities, and sites within the Na3 tional Aviation Heritage Area;

4 (3) encourage within the National Aviation Her5 itage Area a broad range of economic opportunities

6 enhancing the quality of life for present and future

7 generations;

8 (4) provide a management framework to assist

9 the State of Ohio, its political subdivisions, other

10 areas, and private organizations, or combinations

11 thereof, in preparing and implementing an integrated

12 Management Plan to conserve their aviation heritage

13 and in developing policies and programs that will

14 preserve, enhance, and interpret the cultural, histor15 ical, natural, recreation, and scenic resources of the

16 Heritage Area; and

17 (5) authorize the Secretary to provide financial

18 and technical assistance to the State of Ohio, its po19 litical subdivisions, and private organizations, or

20 combinations thereof, in preparing and implementing

21 the private Management Plan.

22 SEC. 203. DEFINITIONS.

23 For purposes of this title:

24 (1) BOARD.—The term ‘‘Board’’ means the

25 Board of Directors of the Foundation.
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1 (2) FINANCIAL ASSISTANCE.—The term ‘‘finan2 cial assistance’’ means funds appropriated by Con3 gress and made available to the management entity

4 for the purpose of preparing and implementing the

5 Management Plan.

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

7 Area’’ means the National Aviation Heritage Area es8 tablished by section 104 to receive, distribute, and ac9 count for Federal funds appropriated for the purpose

10 of this title.

11 (4) MANAGEMENT PLAN.—The term ‘‘Manage12 ment Plan’’ means the management plan for the Her13 itage Area developed under section 106.

14 (5) MANAGEMENT ENTITY.—The term ‘‘manage15 ment entity’’ means the Aviation Heritage Founda16 tion, Incorporated (a nonprofit corporation estab17 lished under the laws of the State of Ohio).

18 (6) PARTNER.—The term ‘‘partner’’ means a

19 Federal, State, or local governmental entity, organi20 zation, private industry, educational institution, or

21 individual involved in promoting the conservation

22 and preservation of the cultural and natural resources

23 of the Heritage Area.

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

25 the Secretary of the Interior.
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1 (8) TECHNICAL ASSISTANCE.—The term ‘‘tech2 nical assistance’’ means any guidance, advice, help,

3 or aid, other than financial assistance, provided by

4 the Secretary.

5 SEC. 204. NATIONAL AVIATION HERITAGE AREA.

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

7 States of Ohio and Indiana, the National Aviation Heritage

8 Area.

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

10 the following:

11 (1) A core area consisting of resources in Mont12 gomery, Greene, Warren, Miami, Clark, Champaign,

13 Shelby, and Auglaize Counties in Ohio.

14 (2) The Neil Armstrong Air & Space Museum,

15 Wapakoneta, Ohio.

16 (3) Sites, buildings, and districts within the core

17 area recommended by the Management Plan.

18 (c) MAP.—A map of the Heritage Area shall be in19 cluded in the Management Plan. The map shall be on file

20 in the appropriate offices of the National Park Service, De21 partment of the Interior.

22 (d) MANAGEMENT ENTITY.—The management entity

23 for the Heritage Area shall be the Aviation Heritage Foun24 dation.
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1 SEC. 205. AUTHORITIES AND DUTIES OF THE MANAGEMENT

2 ENTITY.

3 (a) AUTHORITIES.—For purposes of implementing the

4 Management Plan, the management entity may use Federal

5 funds made available through this title to—

6 (1) make grants to, and enter into cooperative

7 agreements with, the State of Ohio and political sub8 divisions of that State, private organizations, or any

9 person;

10 (2) hire and compensate staff; and

11 (3) enter into contracts for goods and services.

12 (b) DUTIES.—The management entity shall—

13 (1) develop and submit to the Secretary for ap14 proval the proposed Management Plan in accordance

15 with section 106;

16 (2) give priority to implementing actions set

17 forth in the Management Plan, including taking steps

18 to assist units of government and nonprofit organiza19 tions in preserving resources within the Heritage

20 Area;

21 (3) consider the interests of diverse governmental,

22 business, and nonprofit groups within the Heritage

23 Area in developing and implementing the Manage24 ment Plan;

25 (4) maintain a collaboration among the partners

26 to promote heritage tourism and to assist partners to
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1 develop educational and cultural programs for the

2 public;

3 (5) encourage economic viability in the Heritage

4 Area consistent with the goals of the Management

5 Plan;

6 (6) assist units of government and nonprofit or7 ganizations in—

8 (A) establishing and maintaining interpre9 tive exhibits in the Heritage Area;

10 (B) developing recreational resources in the

11 Heritage Area;

12 (C) increasing public awareness of and ap13 preciation for the historical, natural, and archi14 tectural resources and sites in the Heritage Area;

15 and

16 (D) restoring historic buildings that relate

17 to the purposes of the Heritage Area;

18 (7) conduct public meetings at least quarterly re19 garding the implementation of the Management Plan;

20 (8) submit substantial amendments to the Man21 agement Plan to the Secretary for the approval of the

22 Secretary; and

23 (9) for any year in which Federal funds have

24 been received under this title—
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1 (A) submit an annual report to the Sec2 retary that sets forth the accomplishments of the

3 management entity and its expenses and income;

4 (B) make available to the Secretary for

5 audit all records relating to the expenditure of

6 such funds and any matching funds; and

7 (C) require, with respect to all agreements

8 authorizing expenditure of Federal funds by

9 other organizations, that the receiving organiza10 tions make available to the Secretary for audit

11 all records concerning the expenditure of such

12 funds.

13 (c) USE OF FEDERAL FUNDS.—

14 (1) INGENERAL.—The management entity shall

15 not use Federal funds received under this title to ac16 quire real property or an interest in real property.

17 (2) OTHER SOURCES.—Nothing in this title pre18 cludes the management entity from using Federal

19 funds from other sources for authorized purposes.

20 SEC. 206. MANAGEMENT PLAN.

21 (a) PREPARATIONOF PLAN.—Not later than 3 years

22 after the date of the enactment of this title, the management

23 entity shall submit to the Secretary for approval a proposed

24 Management Plan that shall take into consideration State
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1 and local plans and involve residents, public agencies, and

2 private organizations in the Heritage Area.

3 (b) CONTENTS.—The Management Plan shall incor4 porate an integrated and cooperative approach for the pro5 tection, enhancement, and interpretation of the natural,

6 cultural, historic, scenic, and recreational resources of the

7 Heritage Area and shall include the following:

8 (1) An inventory of the resources contained in

9 the core area of the Heritage Area, including the Day10 ton Aviation Heritage Historical Park, the sites,

11 buildings, and districts listed in section 202 of the

12 Dayton Aviation Heritage Preservation Act of 1992

13 (Public Law 102–419), and any other property in the

14 Heritage Area that is related to the themes of the Her15 itage Area and that should be preserved, restored,

16 managed, or maintained because of its significance.

17 (2) An assessment of cultural landscapes within

18 the Heritage Area.

19 (3) Provisions for the protection, interpretation,

20 and enjoyment of the resources of the Heritage Area

21 consistent with the purposes of this title.

22 (4) An interpretation plan for the Heritage

23 Area.
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1 (5) A program for implementation of the Man2 agement Plan by the management entity, including

3 the following:

4 (A) Facilitating ongoing collaboration

5 among the partners to promote heritage tourism

6 and to develop educational and cultural pro7 grams for the public.

8 (B) Assisting partners planning for restora9 tion and construction.

10 (C) Specific commitments of the partners

11 for the first 5 years of operation.

12 (6) The identification of sources of funding for

13 implementing the plan.

14 (7) A description and evaluation of the manage15 ment entity, including its membership and organiza16 tional structure.

17 (c) DISQUALIFICATION FROM FUNDING.—If a proposed

18 Management Plan is not submitted to the Secretary within

19 3 years of the date of the enactment of this title, the manage20 ment entity shall be ineligible to receive additional funding

21 under this title until the date on which the Secretary re22 ceives the proposed Management Plan.

23 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

24 PLAN.—The Secretary, in consultation with the State of

25 Ohio, shall approve or disapprove the proposed Manage-
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1 ment Plan submitted under this title not later than 90 days

2 after receiving such proposed Management Plan.

3 (e) ACTION FOLLOWING DISAPPROVAL.—If the Sec4 retary disapproves a proposed Management Plan, the Sec5 retary shall advise the management entity in writing of the

6 reasons for the disapproval and shall make recommenda7 tions for revisions to the proposed Management Plan. The

8 Secretary shall approve or disapprove a proposed revision

9 within 90 days after the date it is submitted.

10 (f) APPROVAL OF AMENDMENTS.—The Secretary shall

11 review and approve substantial amendments to the Manage12 ment Plan. Funds appropriated under this title may not

13 be expended to implement any changes made by such

14 amendment until the Secretary approves the amendment.

15 SEC. 207. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER

16 FEDERAL AGENCIES.

17 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon

18 the request of the management entity, the Secretary may

19 provide technical assistance, on a reimbursable or non20 reimbursable basis, and financial assistance to the Heritage

21 Area to develop and implement the management plan. The

22 Secretary is authorized to enter into cooperative agreements

23 with the management entity and other public or private

24 entities for this purpose. In assisting the Heritage Area,
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1 the Secretary shall give priority to actions that in general

2 assist in—

3 (1) conserving the significant natural, historic,

4 cultural, and scenic resources of the Heritage Area;

5 and

6 (2) providing educational, interpretive, and rec7 reational opportunities consistent with the purposes of

8 the Heritage Area.

9 (b) DUTIES OF OTHER FEDERAL AGENCIES.—Any

10 Federal agency conducting or supporting activities directly

11 affecting the Heritage Area shall—

12 (1) consult with the Secretary and the manage13 ment entity with respect to such activities;

14 (2) cooperate with the Secretary and the man15 agement entity in carrying out their duties under this

16 title;

17 (3) to the maximum extent practicable, coordi18 nate such activities with the carrying out of such du19 ties; and

20 (4) to the maximum extent practicable, conduct

21 or support such activities in a manner which the

22 management entity determines will not have an ad23 verse effect on the Heritage Area.
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1 SEC. 208. COORDINATION BETWEEN THE SECRETARY AND

2 THE SECRETARY OF DEFENSE AND THE AD3 MINISTRATOR OF NASA.

4 The decisions concerning the execution of this title as

5 it applies to properties under the control of the Secretary

6 of Defense and the Administrator of the National Aero7 nautics and Space Administration shall be made by such

8 Secretary or such Administrator, in consultation with the

9 Secretary of the Interior.

10 SEC. 209. REQUIREMENTS FOR INCLUSION OF PRIVATE

11 PROPERTY.

12 (a) NOTIFICATIONAND CONSENT OF PROPERTY OWN13 ERS REQUIRED.—No privately owned property shall be pre14 served, conserved, or promoted by the management plan for

15 the Heritage Area until the owner of that private property

16 has been notified in writing by the management entity and

17 has given written consent for such preservation, conserva18 tion, or promotion to the management entity.

19 (b) LANDOWNER WITHDRAW.—Any owner of private

20 property included within the boundary of the Heritage Area

21 shall have their property immediately removed from the

22 boundary by submitting a written request to the manage23 ment entity.

24 SEC. 210. PRIVATE PROPERTY PROTECTION.

25 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in this

26 title shall be construed to—
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1 (1) require any private property owner to allow

2 public access (including Federal, State, or local gov3 ernment access) to such private property; or

4 (2) modify any provision of Federal, State, or

5 local law with regard to public access to or use of pri6 vate property.

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

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

9 any effect on any liability under any other law, of any pri10 vate property owner with respect to any persons injured

11 on such private property.

12 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

13 USE.—Nothing in this title shall be construed to modify

14 the authority of Federal, State, or local governments to reg15 ulate land use.

16 (d) PARTICIPATIONOF PRIVATE PROPERTY OWNERS

17 IN HERITAGE AREA.—Nothing in this title shall be con18 strued to require the owner of any private property located

19 within the boundaries of the Heritage Area to participate

20 in or be associated with the Heritage Area.

21 (e) EFFECT OF ESTABLISHMENT.—The boundaries

22 designated for the Heritage Area represent the area within

23 which Federal funds appropriated for the purpose of this

24 title may be expended. The establishment of the Heritage

25 Area and its boundaries shall not be construed to provide
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1 any nonexisting regulatory authority on land use within

2 the Heritage Area or its viewshed by the Secretary, the Na3 tional Park Service, or the management entity.

4 SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

5 (a) IN GENERAL.—To carry out this title there is au6 thorized to be appropriated $10,000,000, except that not

7 more than $1,000,000 may be appropriated to carry out

8 this title for any fiscal year.

9 (b) FIFTY PERCENT MATCH.—The Federal share of the

10 cost of activities carried out using any assistance or grant

11 under this title shall not exceed 50 percent.

12 SEC. 212. SUNSET PROVISION.

13 The authority of the Secretary to provide assistance

14 under this title terminates on the date that is 15 years after

15 the date that funds are first made available for this title.

16 TITLE III—WRIGHT COMPANY

17 FACTORY STUDY

18 SEC. 301. STUDY AND REPORT.

19 (a) STUDY.—

20 (1) INGENERAL.—The Secretary shall conduct a

21 special resource study updating the study required

22 under section 104 of the Dayton Aviation Heritage

23 Preservation Act of 1992 (Public Law 102–419) and

24 detailing alternatives for incorporating the Wright
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1 Company factory as a unit of Dayton Aviation Her2 itage National Historical Park.

3 (2) CONTENTS.—The study shall include an

4 analysis of alternatives for including the Wright

5 Company factory as a unit of Dayton Aviation Her6 itage National Historical Park that detail manage7 ment and development options and costs.

8 (3) CONSULTATION.—In conducting the study,

9 the Secretary shall consult with the Delphi Corpora10 tion, the Aviation Heritage Foundation, State and

11 local agencies, and other interested parties in the

12 area.

13 (b) REPORT.—Not later than 3 years after funds are

14 first made available for this section, the Secretary shall sub15 mit to the Committee on Resources of the House of Rep16 resentatives and the Committee on Energy and Natural Re17 sources of the Senate a report describing the results of the

18 study conducted under this section.

19 TITLE IV—STEEL INDUSTRY

20 NATIONAL HISTORIC SITE

21 SEC. 401. SHORT TITLE.

22 This title may be cited as the ‘‘Steel Industry National

23 Historic Site Act’’.

24 SEC. 402. FINDINGS AND PURPOSES.

25 (a) FINDINGS.—The Congress finds the following:
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1 (1) Certain sites and structures in the Common2 wealth of Pennsylvania symbolize in physical form

3 the heritage of the steel industry of the United States.

4 (2) Certain buildings and other structures in the

5 Commonwealth of Pennsylvania are nationally sig6 nificant historical resources, including the United

7 States Steel Homestead Works, the Carrie Furnace

8 complex, and the Hot Metal Bridge.

9 (3) Despite substantial efforts for cultural preser10 vation and historical interpretation by the Common11 wealth of Pennsylvania and by individuals and pub12 lic and private entities in the Commonwealth, these

13 buildings and other structures may be lost without the

14 assistance of the Federal Government.

15 (b) PURPOSES.—The purposes of this title are to en16 sure the preservation, interpretation, visitor enjoyment, and

17 maintenance of the nationally significant historical and

18 cultural sites and structures described in subsection (a) for

19 the benefit and inspiration of present and future genera20 tions.

21 SEC. 403. STEEL INDUSTRY NATIONAL HISTORIC SITE,

22 PENNSYLVANIA.

23 (a) ESTABLISHMENT.—The Steel Industry National

24 Historic Site is hereby established as a unit of the National

25 Park System in the Commonwealth of Pennsylvania.
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1 (b) DESCRIPTION.—

2 (1) INCLUSIONOF CERTAINPROPERTY.—Subject

3 to paragraph (2), the historic site shall consist of the

4 following properties, each of which relate to the

5 former United States Steel Homestead Works, as de6 picted on the map entitled ‘‘Steel Industry National

7 Historic Site’’, dated November 2003, and numbered

8 80,000:

9 (A) The historic location of the Battle of

10 Homestead site in the borough of Munhall, Penn11 sylvania, consisting of approximately 3 acres of

12 land, including the pumphouse and water tower

13 and related structures, within the property

14 bounded by the Monongahela River, the CSX

15 railroad, Waterfront Drive, and the Damascus16 Marcegaglia Steel Mill.

17 (B) The historic location of the Carrie Fur18 nace complex in the boroughs of Swissvale and

19 Rankin, Pennsylvania, consisting of approxi20 mately 35 acres of land, including blast furnaces

21 6 and 7, the ore yard, the cast house, the blowing

22 engine house, the AC power house, and related

23 structures, within the property bounded by the

24 proposed southwesterly right-of-way line needed

25 to accommodate the Mon/Fayette Expressway
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1 and the relocated CSX railroad right-of-way, the

2 Monongahela River, and a property line drawn

3 northeast to southwest approximately 100 yards

4 east of the AC power house.

5 (C) The historic location of the Hot Metal

6 Bridge, consisting of the Union railroad bridge

7 and its approaches, spanning the Monongahela

8 River and connecting the mill sites in the bor9 oughs of Rankin and Munhall, Pennsylvania.

10 (2) AVAILABILITY OF MAP.—The map referred to

11 in paragraph (1) shall be available for public inspec12 tion in an appropriate office of the National Park

13 Service.

14 (c) ACQUISITIONOF PROPERTY.—To further the pur15 poses of this section, the Secretary of the Interior may ac16 quire, only by donation, property for inclusion in the his17 toric site as follows:

18 (1) Any land or interest in land with respect to

19 the property identified in subsection (b)(1).

20 (2) Up to 10 acres of land adjacent to or in the

21 general proximity of the property identified in such

22 subsection, for the development of visitor, administra23 tive, museum, curatorial, and maintenance facilities.

24 (3) Personal property associated with, and ap25 propriate for, the interpretation of the historic site.
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1 (d) PRIVATE PROPERTY PROTECTIONS.—Nothing in

2 this title shall be construed—

3 (1) to require any private property owner to per4 mit public access (including Federal, State, or local

5 government access) to the private property; or

6 (2) to modify any provision of Federal, State, or

7 local law with regard to public access to or use of pri8 vate property.

9 (e) ADMINISTRATION.—The Secretary of the Interior

10 shall administer the historic site in accordance with this

11 title and the provisions of law generally applicable to units

12 of the National Park System, including the Act of August

13 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21,

14 1935 (16 U.S.C. 461 et seq.).

15 (f) COOPERATIVE AGREEMENTS.—

16 (1) INGENERAL.—Until such time as the Sec17 retary of the Interior has acquired the property iden18 tified in subsection (b)(1), as depicted on the map re19 ferred to in such subsection, the Secretary may enter

20 into a cooperative agreement with any interested in21 dividual, public or private agency, organization, or

22 institution to further the purposes of the historic site.

23 (2) CONTRARY PURPOSES.—Any payment made

24 by the Secretary pursuant to a cooperative agreement

25 under this subsection shall be subject to an agreement
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1 that conversion, use, or disposal of the project so as2 sisted for purposes contrary to the purpose of the his3 toric site, as determined by the Secretary, shall result

4 in a right of the United States to reimbursement of

5 all funds made available to such a project or the pro6 portion of the increased value of the project attrib7 utable to such funds as determined at the time of such

8 conversion, use, or disposal, whichever is greater.

9 (g) TECHNICAL ASSISTANCE.—The Secretary of the In10 terior may provide technical assistance to any person for—

11 (1) the preservation of historic structures within

12 the historic site; and

13 (2) the maintenance of the natural and cultural

14 landscape of the historic site.

15 (h) GENERAL MANAGEMENT PLAN.—

16 (1) PREPARATION.—Not later than three years

17 after the date on which funds are first made available

18 to carry out this title, the Secretary of the Interior

19 shall prepare a general management plan for the his20 toric site that will incorporate or otherwise address

21 substantive comments made during the consultation

22 required by paragraph (2).

23 (2) CONSULTATION.—The Secretary shall pre24 pare the general management plan in consultation

25 with—
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1 (A) an appropriate official of each appro2 priate political subdivision of the Commonwealth

3 of Pennsylvania that has jurisdiction over all or

4 a portion of the lands included in the historic

5 site;

6 (B) an appropriate official of the Steel In7 dustry Heritage Corporation; and

8 (C) private property owners in the vicinity

9 of the historic site.

10 (3) SUBMISSIONOF PLANTO CONGRESS.—Upon

11 the completion of the general management plan, the

12 Secretary shall submit a copy of the plan to the Com13 mittee on Energy and Natural Resources of the Sen14 ate and the Committee on Resources of the House of

15 Representatives.

16 SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

17 There is authorized to be appropriated for the purposes

18 of this title $25,000,000.

19 TITLE V—ST. CROIX NATIONAL

20 HERITAGE AREA STUDY

21 SEC. 501. ST. CROIX NATIONAL HERITAGE AREA STUDY.

22 (a) SHORT TITLE.—This section may be cited as the

23 ‘‘St. Croix National Heritage Area Study Act’’.

24 (b) STUDY.—The Secretary of the Interior, in con25 sultation with appropriate State historic preservation offi-
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1 cers, States historical societies, and other appropriate orga2 nizations, shall conduct a study regarding the suitability

3 and feasibility of designating the island of St. Croix as the

4 St. Croix National Heritage Area. The study shall include

5 analysis, documentation, and determination regarding

6 whether the island of St. Croix—

7 (1) has an assemblage of natural, historic, and

8 cultural resources that together represent distinctive

9 aspects of American heritage worthy of recognition,

10 conservation, interpretation, and continuing use, and

11 are best managed through partnerships among public

12 and private entities and by combining diverse and

13 sometimes noncontiguous resources and active com14 munities;

15 (2) provides outstanding opportunities to con16 serve natural, historic, cultural, or scenic features;

17 (3) provides outstanding recreational and edu18 cational opportunities;

19 (4) contains resources important to the identified

20 theme or themes of the island of St. Croix that retain

21 a degree of integrity capable of supporting interpreta22 tion;

23 (5) includes residents, business interests, non24 profit organizations, and local and State governments

25 that are involved in the planning, have developed a
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1 conceptual financial plan that outlines the roles of all

2 participants (including the Federal Government), and

3 have demonstrated support for the concept of a na4 tional heritage area;

5 (6) has a potential management entity to work

6 in partnership with residents, business interests, non7 profit organizations, and local and State governments

8 to develop a national heritage area consistent with

9 continued local and State economic activity; and

10 (7) has a conceptual boundary map that is sup11 ported by the public.

12 (c) PRIVATE PROPERTY.—In conducting the study re13 quired by this section, the Secretary of the Interior shall

14 analyze the potential impact that designation of the area

15 as a national heritage area is likely to have on land within

16 the proposed area or bordering the proposed area that is

17 privately owned at the time that the study is conducted.

18 (d) REPORT.—Not later than 3 fiscal years after the

19 date on which funds are first made available for this sec20 tion, the Secretary of the Interior shall submit to the Com21 mittee on Resources of the House of Representatives and the

22 Committee on Energy and Natural Resources of the Senate

23 a report on the findings, conclusions, and recommendations

24 as the Secretary deems appropriate.
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1 TITLE VI—ARABIA MOUNTAIN

2 NATIONAL HERITAGE AREA

3 SEC. 601. SHORT TITLE.

4 This title may be cited as the ‘‘Arabia Mountain Na5 tional Heritage Area Act’’.

6 SEC. 602. FINDINGS AND PURPOSES.

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

8 (1) The Arabia Mountain area contains a vari9 ety of natural, cultural, historical, scenic, and rec10 reational resources that together represent distinctive

11 aspects of the heritage of the United States that are

12 worthy of recognition, conservation, interpretation,

13 and continuing use.

14 (2) The best methods for managing the resources

15 of the Arabia Mountain area would be through part16 nerships between public and private entities that com17 bine diverse resources and active communities.

18 (3) Davidson-Arabia Mountain Nature Preserve,

19 a 535-acre park in DeKalb County, Georgia—

20 (A) protects granite outcrop ecosystems,

21 wetland, and pine and oak forests; and

22 (B) includes federally-protected plant spe23 cies.

24 (4) Panola Mountain, a national natural land25 mark, located in the 860-acre Panola Mountain State
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1 Conservation Park, is a rare example of a pristine

2 granite outcrop.

3 (5) The archaeological site at Miners Creek Pre4 serve along the South River contains documented evi5 dence of early human activity.

6 (6) The city of Lithonia, Georgia, and related

7 sites of Arabia Mountain and Stone Mountain possess

8 sites that display the history of granite mining as an

9 industry and culture in Georgia, and the impact of

10 that industry on the United States.

11 (7) The community of Klondike is eligible for

12 designation as a National Historic District.

13 (8) The city of Lithonia has 2 structures listed

14 on the National Register of Historic Places.

15 (b) PURPOSES.—The purposes of this title are as fol16 lows:

17 (1) To recognize, preserve, promote, interpret,

18 and make available for the benefit of the public the

19 natural, cultural, historical, scenic, and recreational

20 resources in the area that includes Arabia Mountain,

21 Panola Mountain, Miners Creek, and other signifi22 cant sites and communities.

23 (2) To assist the State of Georgia and the coun24 ties of DeKalb, Rockdale, and Henry in the State in

25 developing and implementing an integrated cultural,
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1 historical, and land resource management program to

2 protect, enhance, and interpret the significant re3 sources within the heritage area.

4 SEC. 603. DEFINITIONS.

5 For the purposes of this title, the following definitions

6 apply:

7 (1) HERITAGE AREA.—The term ‘‘heritage area’’

8 means the Arabia Mountain National Heritage Area

9 established by section 504.

10 (2) MANAGEMENT ENTITY.—The term ‘‘manage11 ment entity’’ means the Arabia Mountain Heritage

12 Area Alliance or a successor of the Arabia Mountain

13 Heritage Area Alliance.

14 (3) MANAGEMENT PLAN.—The term ‘‘manage15 ment plan’’ means the management plan for the her16 itage area developed under section 506.

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

18 the Secretary of the Interior.

19 (5) STATE.—The term ‘‘State’’ means the State

20 of Georgia.

21 SEC. 604. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

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

23 Mountain National Heritage Area in the State.

24 (b) BOUNDARIES.—The heritage area shall consist of

25 certain parcels of land in the counties of DeKalb, Rockdale,
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1 and Henry in the State, as generally depicted on the map

2 entitled ‘‘Arabia Mountain National Heritage Area’’, num3 bered AMNHA/80,000, and dated October, 2003.

4 (c) AVAILABILITY OF MAP.—The map shall be on file

5 and available for public inspection in the appropriate of6 fices of the National Park Service.

7 (d) MANAGEMENT ENTITY.—The Arabia Mountain

8 Heritage Area Alliance shall be the management entity for

9 the heritage area.

10 SEC. 605. AUTHORITIES AND DUTIES OF THE MANAGEMENT

11 ENTITY.

12 (a) AUTHORITIES.—For purposes of developing and

13 implementing the management plan, the management enti14 ty may—

15 (1) make grants to, and enter into cooperative

16 agreements with, the State, political subdivisions of

17 the State, and private organizations;

18 (2) hire and compensate staff; and

19 (3) enter into contracts for goods and services.

20 (b) DUTIES.—

21 (1) MANAGEMENT PLAN.—

22 (A) INGENERAL.—The management entity

23 shall develop and submit to the Secretary the

24 management plan.
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1 (B) CONSIDERATIONS.—In developing and

2 implementing the management plan, the man3 agement entity shall consider the interests of di4 verse governmental, business, and nonprofit

5 groups within the heritage area.

6 (2) PRIORITIES.—The management entity shall

7 give priority to implementing actions described in the

8 management plan, including assisting units of gov9 ernment and nonprofit organizations in preserving

10 resources within the heritage area.

11 (3) PUBLIC MEETINGS.—The management entity

12 shall conduct public meetings at least quarterly on the

13 implementation of the management plan.

14 (4) ANNUAL REPORT.—For any year in which

15 Federal funds have been made available under this

16 title, the management entity shall submit to the Sec17 retary an annual report that describes the following:

18 (A) The accomplishments of the manage19 ment entity.

20 (B) The expenses and income of the man21 agement entity.

22 (5) AUDIT.—The management entity shall—

23 (A) make available to the Secretary for

24 audit all records relating to the expenditure of

25 Federal funds and any matching funds; and
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1 (B) require, with respect to all agreements

2 authorizing expenditure of Federal funds by

3 other organizations, that the receiving organiza4 tions make available to the Secretary for audit

5 all records concerning the expenditure of those

6 funds.

7 (c) USE OF FEDERAL FUNDS.—

8 (1) INGENERAL.—The management entity shall

9 not use Federal funds made available under this title

10 to acquire real property or an interest in real prop11 erty.

12 (2) OTHER SOURCES.—Nothing in this title pre13 cludes the management entity from using Federal

14 funds made available under other Federal laws for

15 any purpose for which the funds are authorized to be

16 used.

17 SEC. 606. MANAGEMENT PLAN.

18 (a) IN GENERAL.—The management entity shall de19 velop a management plan for the heritage area that incor20 porates an integrated and cooperative approach to protect,

21 interpret, and enhance the natural, cultural, historical, sce22 nic, and recreational resources of the heritage area.

23 (b) BASIS.—The management plan shall be based on

24 the preferred concept in the document entitled ‘‘Arabia
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1 Mountain National Heritage Area Feasibility Study’’,

2 dated February 28, 2001.

3 (c) CONSIDERATION OF OTHER PLANS AND AC4 TIONS.—The management plan shall—

5 (1) take into consideration State and local plans;

6 and

7 (2) involve residents, public agencies, and pri8 vate organizations in the heritage area.

9 (d) REQUIREMENTS.—The management plan shall in10 clude the following:

11 (1) An inventory of the resources in the heritage

12 area, including—

13 (A) a list of property in the heritage area

14 that—

15 (i) relates to the purposes of the herit16 age area; and

17 (ii) should be preserved, restored, man18 aged, or maintained because of the signifi19 cance of the property; and

20 (B) an assessment of cultural landscapes

21 within the heritage area.

22 (2) Provisions for the protection, interpretation,

23 and enjoyment of the resources of the heritage area

24 consistent with the purposes of this title.

25 (3) An interpretation plan for the heritage area.
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1 (4) A program for implementation of the man2 agement plan that includes—

3 (A) actions to be carried out by units of

4 government, private organizations, and public5 private partnerships to protect the resources of

6 the heritage area; and

7 (B) the identification of existing and poten8 tial sources of funding for implementing the

9 plan.

10 (5) A description and evaluation of the manage11 ment entity, including the membership and organiza12 tional structure of the management entity.

13 (e) SUBMISSIONTO SECRETARY FOR APPROVAL.—

14 (1) INGENERAL.—Not later than 3 years after

15 the date of the enactment of this Act, the management

16 entity shall submit the management plan to the Sec17 retary for approval.

18 (2) EFFECT OF FAILURE TO SUBMIT.—If a man19 agement plan is not submitted to the Secretary by the

20 date specified in paragraph (1), the Secretary shall

21 not provide any additional funding under this title

22 until such date as a management plan for the herit23 age area is submitted to the Secretary.

24 (f) APPROVAL AND DISAPPROVAL OF MANAGEMENT

25 PLAN.—
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1 (1) INGENERAL.—Not later than 90 days after

2 receiving the management plan submitted under sub3 section (e), the Secretary, in consultation with the

4 State, shall approve or disapprove the management

5 plan.

6 (2) ACTIONFOLLOWING DISAPPROVAL.—

7 (A) REVISION.—If the Secretary dis8 approves a management plan submitted under

9 paragraph (1), the Secretary shall—

10 (i) advise the management entity in

11 writing of the reasons for the disapproval;

12 (ii) make recommendations for revi13 sions to the management plan; and

14 (iii) allow the management entity to

15 submit to the Secretary revisions to the

16 management plan.

17 (B) DEADLINE FOR APPROVAL OF REVI18 SION.—Not later than 90 days after the date on

19 which a revision is submitted under subpara20 graph (A)(iii), the Secretary shall approve or

21 disapprove the revision.

22 (g) REVISIONOF MANAGEMENT PLAN.—

23 (1) INGENERAL.—After approval by the Sec24 retary of a management plan, the management entity

25 shall periodically—
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1 (A) review the management plan; and

2 (B) submit to the Secretary, for review and

3 approval by the Secretary, the recommendations

4 of the management entity for any revisions to

5 the management plan that the management enti6 ty considers to be appropriate.

7 (2) EXPENDITURE OF FUNDS.—No funds made

8 available under this title shall be used to implement

9 any revision proposed by the management entity

10 under paragraph (1)(B) until the Secretary approves

11 the revision.

12 SEC. 607. TECHNICAL AND FINANCIAL ASSISTANCE.

13 (a) IN GENERAL.—At the request of the management

14 entity, the Secretary may provide technical and financial

15 assistance to the heritage area to develop and implement

16 the management plan.

17 (b) PRIORITY.—In providing assistance under sub18 section (a), the Secretary shall give priority to actions that

19 facilitate—

20 (1) the conservation of the significant natural,

21 cultural, historical, scenic, and recreational resources

22 that support the purposes of the heritage area; and

23 (2) the provision of educational, interpretive,

24 and recreational opportunities that are consistent
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1 with the resources and associated values of the herit2 age area.

3 SEC. 608. EFFECT ON CERTAIN AUTHORITY.

4 (a) OCCUPATIONAL, SAFETY, CONSERVATION, AND EN5 VIRONMENTAL REGULATION.—Nothing in this title—

6 (1) imposes an occupational, safety, conserva7 tion, or environmental regulation on the heritage area

8 that is more stringent than the regulations that would

9 be applicable to the land described in section 504(b)

10 but for the establishment of the heritage area by sec11 tion 504; or

12 (2) authorizes a Federal agency to promulgate

13 an occupational, safety, conservation, or environ14 mental regulation for the heritage area that is more

15 stringent than the regulations applicable to the land

16 described in section 504(b) as of the date of enactment

17 of this Act, solely as a result of the establishment of

18 the heritage area by section 504.

19 (b) LAND USE REGULATION.—Nothing in this title—

20 (1) modifies, enlarges, or diminishes any author21 ity of the Federal Government or a State or local gov22 ernment to regulate any use of land as provided for

23 by law (including regulations) in existence on the

24 date of enactment of this Act; or
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1 (2) grants powers of zoning or land use to the

2 management entity.

3 SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE

4 PROPERTY.

5 (a) NOTIFICATIONAND CONSENT OF PROPERTY OWN6 ERS REQUIRED.—No privately owned property shall be pre7 served, conserved, or promoted by the management plan for

8 the Heritage Area until the owner of that private property

9 has been notified in writing by the management entity and

10 has given written consent for such preservation, conserva11 tion, or promotion to the management entity.

12 (b) LANDOWNER WITHDRAW.—Any owner of private

13 property included within the boundary of the Heritage Area

14 shall have their property immediately removed from the

15 boundary by submitting a written request to the manage16 ment entity.

17 SEC. 610. PRIVATE PROPERTY PROTECTION.

18 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in this

19 title shall be construed to—

20 (1) require any private property owner to allow

21 public access (including Federal, State, or local gov22 ernment access) to such private property; or

23 (2) modify any provision of Federal, State, or

24 local law with regard to public access to or use of pri25 vate property.
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1 (b) LIABILITY.—Designation of the Heritage Area

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

3 any effect on any liability under any other law, of any pri4 vate property owner with respect to any persons injured

5 on such private property.

6 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

7 USE.—Nothing in this title shall be construed to modify

8 the authority of Federal, State, or local governments to reg9 ulate land use.

10 (d) PARTICIPATIONOF PRIVATE PROPERTY OWNERS

11 IN HERITAGE AREA.—Nothing in this title shall be con12 strued to require the owner of any private property located

13 within the boundaries of the Heritage Area to participate

14 in or be associated with the Heritage Area.

15 (e) EFFECT OF ESTABLISHMENT.—The boundaries

16 designated for the Heritage Area represent the area within

17 which Federal funds appropriated for the purpose of this

18 title may be expended. The establishment of the Heritage

19 Area and its boundaries shall not be construed to provide

20 any nonexisting regulatory authority on land use within

21 the Heritage Area or its viewshed by the Secretary, the Na22 tional Park Service, or the management entity.

23 SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

24 (a) IN GENERAL.—There is authorized to be appro25 priated to carry out this title $10,000,000, to remain avail-
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1 able until expended, of which not more than $1,000,000

2 may be used in any fiscal year.

3 (b) FEDERAL SHARE.—The Federal share of the cost

4 of any project or activity carried out using funds made

5 available under this title shall not exceed 50 percent.

6 SEC. 612. TERMINATION OF AUTHORITY.

7 The authority of the Secretary to provide assistance

8 under this title terminates on the date that is 15 years after

9 the date that funds are first made available for this title.

10 TITLE VII—UPPER HOUSATONIC

11 VALLEY NATIONAL HERITAGE

12 AREA

13 SEC. 701. SHORT TITLE.

14 This title may be cited as the ‘‘Upper Housatonic Val15 ley National Heritage Area Act’’.

16 SEC. 702. FINDINGS AND PURPOSES.

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

18 (1) The upper Housatonic Valley, encompassing

19 29 towns in the hilly terrain of western Massachusetts

20 and northwestern Connecticut, is a singular geo21 graphical and cultural region that has made signifi22 cant national contributions through its literary, artis23 tic, musical, and architectural achievements, its iron,

24 paper, and electrical equipment industries, and its
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1 scenic beautification and environmental conservation

2 efforts.

3 (2) The upper Housatonic Valley has 139 prop4 erties and historic districts listed on the National

5 Register of Historic Places including—

6 (A) five National Historic Landmarks—

7 (i) Edith Wharton’s home, The Mount,

8 Lenox, Massachusetts;

9 (ii) Herman Melville’s home, Arrow10 head, Pittsfield, Massachusetts;

11 (iii) W.E.B. DuBois’ Boyhood Home12 site, Great Barrington, Massachusetts;

13 (iv) Mission House, Stockbridge, Mas14 sachusetts; and

15 (v) Crane and Company Old Stone

16 Mill Rag Room, Dalton, Massachusetts; and

17 (B) four National Natural Landmarks—

18 (i) Bartholomew’s Cobble, Sheffield,

19 Massachusetts, and Salisbury, Connecticut;

20 (ii) Beckley Bog, Norfolk, Connecticut;

21 (iii) Bingham Bog, Salisbury, Con22 necticut; and

23 (iv) Cathedral Pines, Cornwall, Con24 necticut.
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1 (3) Writers, artists, musicians, and vacationers

2 have visited the region for more than 150 years to

3 enjoy its scenic wonders, making it one of the coun4 try’s leading cultural resorts.

5 (4) The upper Housatonic Valley has made sig6 nificant national cultural contributions through such

7 writers as Herman Melville, Nathaniel Hawthorne,

8 Edith Wharton, and W.E.B. DuBois, artists Daniel

9 Chester French and Norman Rockwell, and the per10 forming arts centers of Tanglewood, Music Mountain,

11 Norfolk (Connecticut) Chamber Music Festival, Ja12 cob’s Pillow, and Shakespeare & Company.

13 (5) The upper Housatonic Valley is noted for its

14 pioneering achievements in the iron, paper, and elec15 trical generation industries and has cultural resources

16 to interpret those industries.

17 (6) The region became a national leader in sce18 nic beautification and environmental conservation ef19 forts following the era of industrialization and defor20 estation and maintains a fabric of significant con21 servation areas including the meandering Housatonic

22 River.

23 (7) Important historical events related to the

24 American Revolution, Shays’ Rebellion, and early
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1 civil rights took place in the upper Housatonic Val2 ley.

3 (8) The region had an American Indian presence

4 going back 10,000 years and Mohicans had a forma5 tive role in contact with Europeans during the seven6 teenth and eighteenth centuries.

7 (9) The Upper Housatonic Valley National Her8 itage Area has been proposed in order to heighten ap9 preciation of the region, preserve its natural and his10 torical resources, and improve the quality of life and

11 economy of the area.

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

14 (1) To establish the Upper Housatonic Valley

15 National Heritage Area in the State of Connecticut

16 and the Commonwealth of Massachusetts.

17 (2) To implement the national heritage area al18 ternative as described in the document entitled

19 ‘‘Upper Housatonic Valley National Heritage Area

20 Feasibility Study, 2003’’.

21 (3) To provide a management framework to fos22 ter a close working relationship with all levels of gov23 ernment, the private sector, and the local communities

24 in the upper Housatonic Valley region to conserve the
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1 region’s heritage while continuing to pursue compat2 ible economic opportunities.

3 (4) To assist communities, organizations, and

4 citizens in the State of Connecticut and the Common5 wealth of Massachusetts in identifying, preserving, in6 terpreting, and developing the historical, cultural, sce7 nic, and natural resources of the region for the edu8 cational and inspirational benefit of current and fu9 ture generations.

10 SEC. 703. DEFINITIONS.

11 In this title:

12 (1) HERITAGE AREA.—The term ‘‘Heritage

13 Area’’ means the Upper Housatonic Valley National

14 Heritage Area, established in section 604.

15 (2) MANAGEMENT ENTITY.—The term ‘‘Manage16 ment Entity’’ means the management entity for the

17 Heritage Area designated by section 604(d).

18 (3) MANAGEMENT PLAN.—The term ‘‘Manage19 ment Plan’’ means the management plan for the Her20 itage Area specified in section 606.

21 (4) MAP.—The term ‘‘map’’ means the map enti22 tled ‘‘Boundary Map Upper Housatonic Valley Na23 tional Heritage Area’’, numbered P17/80,000, and

24 dated February 2003.
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1 (5) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (6) STATE.—The term ‘‘State’’ means the State

4 of Connecticut and the Commonwealth of Massachu5 setts.

6 SEC. 704. UPPER HOUSATONIC VALLEY NATIONAL HERIT7 AGE AREA.

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

9 Housatonic Valley National Heritage Area.

10 (b) BOUNDARIES.—The Heritage Area shall be com11 prised of—

12 (1) part of the Housatonic River’s watershed,

13 which extends 60 miles from Lanesboro, Massachusetts

14 to Kent, Connecticut;

15 (2) the towns of Canaan, Colebrook, Cornwall,

16 Kent, Norfolk, North Canaan, Salisbury, Sharon, and

17 Warren in Connecticut; and

18 (3) the towns of Alford, Becket, Dalton,

19 Egremont, Great Barrington, Hancock, Hinsdale,

20 Lanesboro, Lee, Lenox, Monterey, Mount Washington,

21 New Marlboro, Pittsfield, Richmond, Sheffield, Stock22 bridge, Tyringham, Washington, and West Stock23 bridge in Massachusetts.

24 (c) AVAILABILITY OF MAP.—The map shall be on file

25 and available for public inspection in the appropriate of-
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1 fices of the National Park Service, Department of the Inte2 rior.

3 (d) MANAGEMENT ENTITY.—The Upper Housatonic

4 Valley National Heritage Area, Inc. shall be the manage5 ment entity for the Heritage Area.

6 SEC. 705. AUTHORITIES, PROHIBITIONS AND DUTIES OF

7 THE MANAGEMENT ENTITY.

8 (a) DUTIES OF THE MANAGEMENT ENTITY.—To fur9 ther the purposes of the Heritage Area, the management en10 tity shall—

11 (1) prepare and submit a management plan for

12 the Heritage Area to the Secretary in accordance with

13 section 606;

14 (2) assist units of local government, regional

15 planning organizations, and nonprofit organizations

16 in implementing the approved management plan

17 by—

18 (A) carrying out programs and projects

19 that recognize, protect and enhance important

20 resource values within the Heritage Area;

21 (B) establishing and maintaining interpre22 tive exhibits and programs within the Heritage

23 Area;

24 (C) developing recreational and educational

25 opportunities in the Heritage Area;
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1 (D) increasing public awareness of and ap2 preciation for natural, historical, scenic, and

3 cultural resources of the Heritage Area;

4 (E) protecting and restoring historic sites

5 and buildings in the Heritage Area that are con6 sistent with heritage area themes;

7 (F) ensuring that signs identifying points

8 of public access and sites of interest are posted

9 throughout the Heritage Area; and

10 (G) promoting a wide range of partnerships

11 among governments, organizations and individ12 uals to further the purposes of the Heritage Area;

13 (3) consider the interests of diverse units of gov14 ernment, businesses, organizations and individuals in

15 the Heritage Area in the preparation and implemen16 tation of the management plan;

17 (4) conduct meetings open to the public at least

18 semi-annually regarding the development and imple19 mentation of the management plan;

20 (5) submit an annual report to the Secretary for

21 any fiscal year in which the management entity re22 ceives Federal funds under this title, setting forth its

23 accomplishments, expenses, and income, including

24 grants to any other entities during the year for which

25 the report is made;
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1 (6) make available for audit for any fiscal year

2 in which it receives Federal funds under this title, all

3 information pertaining to the expenditure of such

4 funds and any matching funds, and require in all

5 agreements authorizing expenditures of Federal funds

6 by other organizations, that the receiving organiza7 tions make available for such audit all records and

8 other information pertaining to the expenditure of

9 such funds; and

10 (7) encourage by appropriate means economic

11 development that is consistent with the purposes of

12 the Heritage Area.

13 (b) AUTHORITIES.—The management entity may, for

14 the purposes of preparing and implementing the manage15 ment plan for the Heritage Area, use Federal funds made

16 available through this title to—

17 (1) make grants to the State of Connecticut and

18 the Commonwealth of Massachusetts, their political

19 subdivisions, nonprofit organizations and other per20 sons;

21 (2) enter into cooperative agreements with or

22 provide technical assistance to the State of Con23 necticut and the Commonwealth of Massachusetts,

24 their subdivisions, nonprofit organizations, and other

25 interested parties;
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1 (3) hire and compensate staff, which shall in2 clude individuals with expertise in natural, cultural,

3 and historical resources protection, and heritage pro4 gramming;

5 (4) obtain money or services from any source in6 cluding any that are provided under any other Fed7 eral law or program;

8 (5) contract for goods or services; and

9 (6) undertake to be a catalyst for any other ac10 tivity that furthers the purposes of the Heritage Area

11 and is consistent with the approved management

12 plan.

13 (c) PROHIBITIONS ON THE ACQUISITIONOF REAL

14 PROPERTY.—The management entity may not use Federal

15 funds received under this title to acquire real property, but

16 may use any other source of funding, including other Fed17 eral funding outside this authority, intended for the acqui18 sition of real property.

19 SEC. 706. MANAGEMENT PLAN.

20 (a) IN GENERAL.—The management plan for the Her21 itage Area shall—

22 (1) include comprehensive policies, strategies and

23 recommendations for conservation, funding, manage24 ment and development of the Heritage Area;
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1 (2) take into consideration existing State, coun2 ty, and local plans in the development of the manage3 ment plan and its implementation;

4 (3) include a description of actions that govern5 ments, private organizations, and individuals have

6 agreed to take to protect the natural, historical and

7 cultural resources of the Heritage Area;

8 (4) specify the existing and potential sources of

9 funding to protect, manage, and develop the Heritage

10 Area in the first 5 years of implementation;

11 (5) include an inventory of the natural, histor12 ical, cultural, educational, scenic, and recreational re13 sources of the Heritage Area related to the themes of

14 the Heritage Area that should be preserved, restored,

15 managed, developed, or maintained;

16 (6) describe a program of implementation for the

17 management plan including plans for resource protec18 tion, restoration, construction, and specific commit19 ments for implementation that have been made by the

20 management entity or any government, organization,

21 or individual for the first 5 years of implementation;

22 and

23 (7) include an interpretive plan for the Heritage

24 Area.

25 (b) DEADLINE AND TERMINATION OF FUNDING.—
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1 (1) DEADLINE.—The management entity shall

2 submit the management plan to the Secretary for ap3 proval within 3 years after funds are made available

4 for this title.

5 (2) TERMINATION OF FUNDING.—If the manage6 ment plan is not submitted to the Secretary in ac7 cordance with this subsection, the management entity

8 shall not qualify for Federal funding under this title

9 until such time as the management plan is submitted

10 to the Secretary.

11 SEC. 707. DUTIES AND AUTHORITIES OF THE SECRETARY.

12 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—The

13 Secretary may, upon the request of the management entity,

14 provide technical assistance on a reimbursable or non-reim15 bursable basis and financial assistance to the Heritage Area

16 to develop and implement the approved management plan.

17 The Secretary is authorized to enter into cooperative agree18 ments with the management entity and other public or pri19 vate entities for this purpose. In assisting the Heritage

20 Area, the Secretary shall give priority to actions that in

21 general assist in—

22 (1) conserving the significant natural, historical,

23 cultural, and scenic resources of the Heritage Area;

24 and
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1 (2) providing educational, interpretive, and rec2 reational opportunities consistent with the purposes of

3 the Heritage Area.

4 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

5 PLAN.—

6 (1) INGENERAL.—The Secretary shall approve

7 or disapprove the management plan not later than 90

8 days after receiving the management plan.

9 (2) CRITERIA FOR APPROVAL.—In determining

10 the approval of the management plan, the Secretary

11 shall consider whether—

12 (A) the management entity is representative

13 of the diverse interests of the Heritage Area in14 cluding governments, natural and historic re15 source protection organizations, educational in16 stitutions, businesses, and recreational organiza17 tions;

18 (B) the management entity has afforded

19 adequate opportunity, including public hearings,

20 for public and governmental involvement in the

21 preparation of the management plan;

22 (C) the resource protection and interpreta23 tion strategies contained in the management

24 plan, if implemented, would adequately protect
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1 the natural, historical, and cultural resources of

2 the Heritage Area; and

3 (D) the management plan is supported by

4 the appropriate State and local officials whose

5 cooperation is needed to ensure the effective im6 plementation of the State and local aspects of the

7 management plan.

8 (3) ACTIONFOLLOWING DISAPPROVAL.—If the

9 Secretary disapproves the management plan, the Sec10 retary shall advise the management entity in writing

11 of the reasons therefore and shall make recommenda12 tions for revisions to the management plan. The Sec13 retary shall approve or disapprove a proposed revi14 sion within 60 days after the date it is submitted.

15 (4) APPROVAL OF AMENDMENTS.—Substantial

16 amendments to the management plan shall be re17 viewed by the Secretary and approved in the same

18 manner as provided for the original management

19 plan. The management entity shall not use Federal

20 funds authorized by this title to implement any

21 amendments until the Secretary has approved the

22 amendments.

23 SEC. 708. DUTIES OF OTHER FEDERAL AGENCIES.

24 Any Federal agency conducting or supporting activi25 ties directly affecting the Heritage Area shall—
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1 (1) consult with the Secretary and the manage2 ment entity with respect to such activities;

3 (2) cooperate with the Secretary and the man4 agement entity in carrying out their duties under this

5 title and, to the maximum extent practicable, coordi6 nate such activities with the carrying out of such du7 ties; and,

8 (3) to the maximum extent practicable, conduct

9 or support such activities in a manner which the

10 management entity determines will not have an ad11 verse effect on the Heritage Area.

12 SEC. 709. REQUIREMENTS FOR INCLUSION OF PRIVATE

13 PROPERTY.

14 (a) NOTIFICATIONAND CONSENT OF PROPERTY OWN15 ERS REQUIRED.—No privately owned property shall be pre16 served, conserved, or promoted by the management plan for

17 the Heritage Area until the owner of that private property

18 has been notified in writing by the management entity and

19 has given written consent for such preservation, conserva20 tion, or promotion to the management entity.

21 (b) LANDOWNER WITHDRAW.—Any owner of private

22 property included within the boundary of the Heritage Area

23 shall have their property immediately removed from the

24 boundary by submitting a written request to the manage25 ment entity.
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1 SEC. 710. PRIVATE PROPERTY PROTECTION.

2 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in this

3 title shall be construed to—

4 (1) require any private property owner to allow

5 public access (including Federal, State, or local gov6 ernment access) to such private property; or

7 (2) modify any provision of Federal, State, or

8 local law with regard to public access to or use of pri9 vate property.

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

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

12 any effect on any liability under any other law, of any pri13 vate property owner with respect to any persons injured

14 on such private property.

15 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

16 USE.—Nothing in this title shall be construed to modify

17 the authority of Federal, State, or local governments to reg18 ulate land use.

19 (d) PARTICIPATIONOF PRIVATE PROPERTY OWNERS

20 IN HERITAGE AREA.—Nothing in this title shall be con21 strued to require the owner of any private property located

22 within the boundaries of the Heritage Area to participate

23 in or be associated with the Heritage Area.

24 (e) EFFECT OF ESTABLISHMENT.—The boundaries

25 designated for the Heritage Area represent the area within

26 which Federal funds appropriated for the purpose of this
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1 title may be expended. The establishment of the Heritage

2 Area and its boundaries shall not be construed to provide

3 any nonexisting regulatory authority on land use within

4 the Heritage Area or its viewshed by the Secretary, the Na5 tional Park Service, or the management entity.

6 SEC. 711. AUTHORIZATION OF APPROPRIATIONS.

7 (a) IN GENERAL.—There is authorized to be appro8 priated for the purposes of this title not more than

9 $1,000,000 for any fiscal year. Not more than a total of

10 $10,000,000 may be appropriated for the Heritage Area

11 under this title.

12 (b) MATCHING FUNDS.—Federal funding provided

13 under this title may not exceed 50 percent of the total cost

14 of any assistance or grant provided or authorized under this

15 title.

16 SEC. 712. SUNSET.

17 The authority of the Secretary to provide assistance

18 under this title shall terminate on the day occurring 15

19 years after funds are first made available for this title.

20 TITLE VIII—OIL REGION

21 NATIONAL HERITAGE AREA

22 SEC. 801. SHORT TITLE; DEFINITIONS.

23 (a) SHORT TITLE.—This title may be cited as the ‘‘Oil

24 Region National Heritage Area Act’’.
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1 (b) DEFINITIONS.—For the purposes of this title, the

2 following definitions shall apply:

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

4 Area’’ means the Oil Region National Heritage Area

5 established in section 703(a).

6 (2) MANAGEMENT ENTITY.—The term ‘‘manage7 ment entity’’ means the Oil Heritage Region, Inc., or

8 its successor entity.

9 (3) SECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of the Interior.

11 SEC. 802. FINDINGS AND PURPOSE.

12 (a) FINDINGS.—The Congress finds the following:

13 (1) The Oil Region of Northwestern Pennsyl14 vania, with numerous sites and districts listed on the

15 National Register of Historic Places, and designated

16 by the Governor of Pennsylvania as one of the State

17 Heritage Park Areas, is a region with tremendous

18 physical and natural resources and possesses a story

19 of State, national, and international significance.

20 (2) The single event of Colonel Edwin Drake’s

21 drilling of the world’s first successful oil well in 1859

22 has affected the industrial, natural, social, and polit23 ical structures of the modern world.

24 (3) Six national historic districts are located

25 within the State Heritage Park boundary, in
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1 Emlenton, Franklin, Oil City, and Titusville, as well

2 as 17 separate National Register sites.

3 (4) The Allegheny River, which was designated

4 as a component of the national wild and scenic rivers

5 system in 1992 by Public Law 102–271, traverses the

6 Oil Region and connects several of its major sites, as

7 do some of the river’s tributaries such as Oil Creek,

8 French Creek, and Sandy Creek.

9 (5) The unspoiled rural character of the Oil Re10 gion provides many natural and recreational re11 sources, scenic vistas, and excellent water quality for

12 people throughout the United States to enjoy.

13 (6) Remnants of the oil industry, visible on the

14 landscape to this day, provide a direct link to the

15 past for visitors, as do the historic valley settlements,

16 riverbed settlements, plateau developments, farmlands,

17 and industrial landscapes.

18 (7) The Oil Region also represents a cross section

19 of American history associated with Native Ameri20 cans, frontier settlements, the French and Indian

21 War, African Americans and the Underground Rail22 road, and immigration of Swedish and Polish indi23 viduals, among others.

24 (8) Involvement by the Federal Government shall

25 serve to enhance the efforts of the Commonwealth of
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1 Pennsylvania, local subdivisions of the Common2 wealth of Pennsylvania, volunteer organizations, and

3 private businesses, to promote the cultural, national,

4 and recreational resources of the region in order to

5 fulfill their full potential.

6 (b) PURPOSE.—The purpose of this title is to enhance

7 a cooperative management framework to assist the Com8 monwealth of Pennsylvania, its units of local government,

9 and area citizens in conserving, enhancing, and inter10 preting the significant features of the lands, water, and

11 structures of the Oil Region, in a manner consistent with

12 compatible economic development for the benefit and inspi13 ration of present and future generations in the Common14 wealth of Pennsylvania and the United States.

15 SEC. 803. OIL REGION NATIONAL HERITAGE AREA.

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

17 Oil Region National Heritage Area.

18 (b) BOUNDARIES.—The boundaries of the Heritage

19 Area shall include all of those lands depicted on a map enti20 tled ‘‘Oil Region National Heritage Area’’, numbered

21 OIRE/20,000 and dated October, 2000. The map shall be

22 on file in the appropriate offices of the National Park Serv23 ice. The Secretary of the Interior shall publish in the Fed24 eral Register, as soon as practical after the date of the en-
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1 actment of this Act, a detailed description and map of the

2 boundaries established under this subsection.

3 (c) MANAGEMENT ENTITY.—The management entity

4 for the Heritage Area shall be the Oil Heritage Region, Inc.,

5 the locally based private, nonprofit management corpora6 tion which shall oversee the development of a management

7 plan in accordance with section 705(b).

8 SEC. 804. COMPACT.

9 To carry out the purposes of this title, the Secretary

10 shall enter into a compact with the management entity. The

11 compact shall include information relating to the objectives

12 and management of the area, including a discussion of the

13 goals and objectives of the Heritage Area, including an ex14 planation of the proposed approach to conservation and in15 terpretation and a general outline of the protection meas16 ures committed to by the Secretary and management entity.

17 SEC. 805. AUTHORITIES AND DUTIES OF MANAGEMENT EN18 TITY.

19 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.—

20 The management entity may use funds made available

21 under this title for purposes of preparing, updating, and

22 implementing the management plan developed under sub23 section (b). Such purposes may include—
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1 (1) making grants to, and entering into coopera2 tive agreements with, States and their political sub3 divisions, private organizations, or any other person;

4 (2) hiring and compensating staff; and

5 (3) undertaking initiatives that advance the pur6 poses of the Heritage Area.

7 (b) MANAGEMENT PLAN.—The management entity

8 shall develop a management plan for the Heritage Area

9 that—

10 (1) presents comprehensive strategies and rec11 ommendations for conservation, funding, manage12 ment, and development of the Heritage Area;

13 (2) takes into consideration existing State, coun14 ty, and local plans and involves residents, public

15 agencies, and private organizations working in the

16 Heritage Area;

17 (3) includes a description of actions that units

18 of government and private organizations have agreed

19 to take to protect the resources of the Heritage Area;

20 (4) specifies the existing and potential sources of

21 funding to protect, manage, and develop the Heritage

22 Area;

23 (5) includes an inventory of the resources con24 tained in the Heritage Area, including a list of any

25 property in the Heritage Area that is related to the
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1 themes of the Heritage Area and that should be pre2 served, restored, managed, developed, or maintained

3 because of its natural, cultural, historic, recreational,

4 or scenic significance;

5 (6) describes a program for implementation of

6 the management plan by the management entity, in7 cluding plans for restoration and construction, and

8 specific commitments for that implementation that

9 have been made by the management entity and any

10 other persons for the first 5 years of implementation;

11 (7) lists any revisions to the boundaries of the

12 Heritage Area proposed by the management entity

13 and requested by the affected local government; and

14 (8) includes an interpretation plan for the Her15 itage Area.

16 (c) DEADLINE; TERMINATION OF FUNDING.—

17 (1) DEADLINE.—The management entity shall

18 submit the management plan to the Secretary within

19 2 years after the funds are made available for this

20 title.

21 (2) TERMINATION OF FUNDING.—If a manage22 ment plan is not submitted to the Secretary in ac23 cordance with this subsection, the management entity

24 shall not qualify for Federal assistance under this

25 title.
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1 (d) DUTIES OF MANAGEMENT ENTITY.—The manage2 ment entity shall—

3 (1) give priority to implementing actions set

4 forth in the compact and management plan;

5 (2) assist units of government, regional planning

6 organizations, and nonprofit organizations in—

7 (A) establishing and maintaining interpre8 tive exhibits in the Heritage Area;

9 (B) developing recreational resources in the

10 Heritage Area;

11 (C) increasing public awareness of and ap12 preciation for the natural, historical, and archi13 tectural resources and sites in the Heritage Area;

14 (D) the restoration of any historic building

15 relating to the themes of the Heritage Area;

16 (E) ensuring that clear signs identifying ac17 cess points and sites of interest are put in place

18 throughout the Heritage Area; and

19 (F) carrying out other actions that the

20 management entity determines to be advisable to

21 fulfill the purposes of this title;

22 (3) encourage by appropriate means economic

23 viability in the Heritage Area consistent with the

24 goals of the management plan;
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1 (4) consider the interests of diverse governmental,

2 business, and nonprofit groups within the Heritage

3 Area; and

4 (5) for any year in which Federal funds have

5 been provided to implement the management plan

6 under subsection (b)—

7 (A) conduct public meetings at least annu8 ally regarding the implementation of the man9 agement plan;

10 (B) submit an annual report to the Sec11 retary setting forth accomplishments, expenses

12 and income, and each person to which any grant

13 was made by the management entity in the year

14 for which the report is made; and

15 (C) require, for all agreements entered into

16 by the management entity authorizing expendi17 ture of Federal funds by any other person, that

18 the person making the expenditure make avail19 able to the management entity for audit all

20 records pertaining to the expenditure of such

21 funds.

22 (e) PROHIBITIONONTHE ACQUISITIONOF REAL

23 PROPERTY.—The management entity may not use Federal

24 funds received under this title to acquire real property or

25 an interest in real property.
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1 SEC. 806. DUTIES AND AUTHORITIES OF THE SECRETARY.

2 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

3 (1) INGENERAL.—

4 (A) OVERALL ASSISTANCE.—The Secretary

5 may, upon the request of the management entity,

6 and subject to the availability of appropriations,

7 provide technical and financial assistance to the

8 management entity to carry out its duties under

9 this title, including updating and implementing

10 a management plan that is submitted under sec11 tion 705(b) and approved by the Secretary and,

12 prior to such approval, providing assistance for

13 initiatives.

14 (B) OTHER ASSISTANCE.—If the Secretary

15 has the resources available to provide technical

16 assistance to the management entity to carry out

17 its duties under this title (including updating

18 and implementing a management plan that is

19 submitted under section 705(b) and approved by

20 the Secretary and, prior to such approval, pro21 viding assistance for initiatives), upon the re22 quest of the management entity the Secretary

23 shall provide such assistance on a reimbursable

24 basis. This subparagraph does not preclude the

25 Secretary from providing nonreimbursable as26 sistance under subparagraph (A).
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1 (2) PRIORITY.—In assisting the management en2 tity, the Secretary shall give priority to actions that

3 assist in the—

4 (A) implementation of the management

5 plan;

6 (B) provision of educational assistance and

7 advice regarding land and water management

8 techniques to conserve the significant natural re9 sources of the region;

10 (C) development and application of tech11 niques promoting the preservation of cultural

12 and historic properties;

13 (D) preservation, restoration, and reuse of

14 publicly and privately owned historic buildings;

15 (E) design and fabrication of a wide range

16 of interpretive materials based on the manage17 ment plan, including guide brochures, visitor

18 displays, audio-visual and interactive exhibits,

19 and educational curriculum materials for public

20 education; and

21 (F) implementation of initiatives prior to

22 approval of the management plan.

23 (3) DOCUMENTATION OF STRUCTURES.—The Sec24 retary, acting through the Historic American Build25 ing Survey and the Historic American Engineering
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1 Record, shall conduct studies necessary to document

2 the industrial, engineering, building, and architec3 tural history of the Heritage Area.

4 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

5 PLANS.—The Secretary, in consultation with the Governor

6 of Pennsylvania, shall approve or disapprove a manage7 ment plan submitted under this title not later than 90 days

8 after receiving such plan. In approving the plan, the Sec9 retary shall take into consideration the following criteria:

10 (1) The extent to which the management plan

11 adequately preserves and protects the natural, cul12 tural, and historical resources of the Heritage Area.

13 (2) The level of public participation in the devel14 opment of the management plan.

15 (3) The extent to which the board of directors of

16 the management entity is representative of the local

17 government and a wide range of interested organiza18 tions and citizens.

19 (c) ACTION FOLLOWING DISAPPROVAL.—If the Sec20 retary disapproves a management plan, the Secretary shall

21 advise the management entity in writing of the reasons for

22 the disapproval and shall make recommendations for revi23 sions in the management plan. The Secretary shall approve

24 or disapprove a proposed revision within 90 days after the

25 date it is submitted.
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1 (d) APPROVING CHANGES.—The Secretary shall review

2 and approve amendments to the management plan under

3 section 705(b) that make substantial changes. Funds appro4 priated under this title may not be expended to implement

5 such changes until the Secretary approves the amendments.

6 (e) EFFECT OF INACTION.—If the Secretary does not

7 approve or disapprove a management plan, revision, or

8 change within 90 days after it is submitted to the Secretary,

9 then such management plan, revision, or change shall be

10 deemed to have been approved by the Secretary.

11 SEC. 807. DUTIES OF OTHER FEDERAL ENTITIES.

12 Any Federal entity conducting or supporting activities

13 directly affecting the Heritage Area shall—

14 (1) consult with the Secretary and the manage15 ment entity with respect to such activities;

16 (2) cooperate with the Secretary and the man17 agement entity in carrying out their duties under this

18 title and, to the maximum extent practicable, coordi19 nate such activities with the carrying out of such du20 ties; and

21 (3) to the maximum extent practicable, conduct

22 or support such activities in a manner that the man23 agement entity determines shall not have an adverse

24 effect on the Heritage Area.
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1 SEC. 808. SUNSET.

2 The Secretary may not make any grant or provide any

3 assistance under this title after the expiration of the 15-

4 year period beginning on the date that funds are first made

5 available for this title.

6 SEC. 809. REQUIREMENTS FOR INCLUSION OF PRIVATE

7 PROPERTY.

8 (a) NOTIFICATIONAND CONSENT OF PROPERTY OWN9 ERS REQUIRED.—No privately owned property shall be pre10 served, conserved, or promoted by the management plan for

11 the Heritage Area until the owner of that private property

12 has been notified in writing by the management entity and

13 has given written consent for such preservation, conserva14 tion, or promotion to the management entity.

15 (b) LANDOWNER WITHDRAW.—Any owner of private

16 property included within the boundary of the Heritage Area

17 shall have their property immediately removed from the

18 boundary by submitting a written request to the manage19 ment entity.

20 SEC. 810. PRIVATE PROPERTY PROTECTION.

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

22 title shall be construed to—

23 (1) require any private property owner to allow

24 public access (including Federal, State, or local gov25 ernment access) to such private property; or
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1 (2) modify any provision of Federal, State, or

2 local law with regard to public access to or use of pri3 vate property.

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

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

6 any effect on any liability under any other law, of any pri7 vate property owner with respect to any persons injured

8 on such private property.

9 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

10 USE.—Nothing in this title shall be construed to modify

11 the authority of Federal, State, or local governments to reg12 ulate land use.

13 (d) PARTICIPATIONOF PRIVATE PROPERTY OWNERS

14 IN HERITAGE AREA.—Nothing in this title shall be con15 strued to require the owner of any private property located

16 within the boundaries of the Heritage Area to participate

17 in or be associated with the Heritage Area.

18 (e) EFFECT OF ESTABLISHMENT.—The boundaries

19 designated for the Heritage Area represent the area within

20 which Federal funds appropriated for the purpose of this

21 title may be expended. The establishment of the Heritage

22 Area and its boundaries shall not be construed to provide

23 any nonexisting regulatory authority on land use within

24 the Heritage Area or its viewshed by the Secretary, the Na25 tional Park Service, or the management entity.
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1 SEC. 811. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

2 Nothing in this title shall preclude the management

3 entity from using Federal funds available under Acts other

4 than this title for the purposes for which those funds were

5 authorized.

6 SEC. 812. AUTHORIZATION OF APPROPRIATIONS.

7 (a) IN GENERAL.—There are authorized to be appro8 priated to carry out this title—

9 (1) not more than $1,000,000 for any fiscal year;

10 and

11 (2) not more than a total of $10,000,000.

12 (b) 50 PERCENT MATCH.—Financial assistance pro13 vided under this title may not be used to pay more than

14 50 percent of the total cost of any activity carried out with

15 that assistance.

16 TITLE IX—WESTERN RESERVE

17 HERITAGE AREAS STUDY

18 SEC. 901. SHORT TITLE.

19 This Act may be cited as the ‘‘Western Reserve Herit20 age Areas Study Act’’.

21 SEC. 902. NATIONAL PARK SERVICE STUDY REGARDING THE

22 WESTERN RESERVE, OHIO.

23 (a) FINDINGS.—The Congress finds the following:

24 (1) The area that encompasses the modern-day

25 counties of Trumbull, Mahoning, Ashtabula, Portage,

26 Geagua, Lake, Cuyahoga, Summit, Medina, Huron,
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1 Lorain, Erie, Ottawa, and Ashland in Ohio with the

2 rich history in what was once the Western Reserve,

3 has made a unique contribution to the cultural, polit4 ical and industrial development of the United States.

5 (2) The Western Reserve is distinctive as the

6 land settled by the people of Connecticut after the

7 Revolutionary War. The Western Reserve holds a

8 unique mark as the original wilderness land of the

9 West that many settlers migrated to in order to begin

10 life outside of the original 13 colonies.

11 (3) The Western Reserve played a significant

12 role in providing land to the people of Connecticut

13 whose property and land was destroyed during the

14 Revolution. These settlers were descendants of the

15 brave immigrants who came to the Americas in the

16 17th century.

17 (4) The Western Reserve offered a new destina18 tion for those who moved west in search of land and

19 prosperity. The agricultural and industrial base that

20 began in the Western Reserve still lives strong in these

21 prosperous and historical counties.

22 (5) The heritage of the Western Reserve remains

23 transfixed in the counties of Trumbull, Mahoning,

24 Ashtabula, Portage, Geagua, Lake, Cuyahoga, Sum25 mit, Medina, Huron, Lorain, Erie, Ottawa, and Ash-
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1 land in Ohio. The people of these counties are proud

2 of their heritage as shown through the unwavering at3 tempts to preserve agricultural land and the indus4 trial foundation that has been embedded in this re5 gion since the establishment of the Western Reserve.

6 Throughout these counties, historical sites, and mark7 ers preserve the unique traditions and customs of its

8 original heritage.

9 (6) The counties that encompass the Western Re10 serve continue to maintain a strong connection to its

11 historic past as seen through its preservation of its

12 local heritage, including historic homes, buildings,

13 and centers of public gatherings.

14 (7) There is a need for assistance for the preser15 vation and promotion of the significance of the West16 ern Reserve as the natural, historic and cultural her17 itage of the counties of Trumbull, Mahoning, Ash18 tabula, Portage, Geagua, Lake, Cuyahoga, Summit,

19 Medina, Huron, Lorain, Erie, Ottawa and Ashland

20 in Ohio.

21 (8) The Department of the Interior is responsible

22 for protecting the Nation’s cultural and historical re23 sources. There are significant examples of such re24 sources within these counties and what was once the

25 Western Reserve to merit the involvement of the Fed-
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1 eral Government in the development of programs and

2 projects, in cooperation with the State of Ohio and

3 other local governmental entities, to adequately con4 serve, protect, and interpret this heritage for future

5 generations, while providing opportunities for edu6 cation and revitalization.

7 (b) STUDY.—

8 (1) INGENERAL.—The Secretary shall, in con9 sultation with the State of Ohio, the counties of

10 Trumbull, Mahoning, Ashtabula, Portage, Geagua,

11 Lake, Cuyahoga, Summit, Medina, Huron, Lorain,

12 Erie, Ottawa, and Ashland, and other appropriate or13 ganizations, carry out a study regarding the suit14 ability and feasibility of establishing the Western Re15 serve Heritage Area in these counties in Ohio.

16 (2) CONTENTS.—The study shall include anal17 ysis and documentation regarding whether the Study

18 Area—

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

20 and cultural resources that together represent

21 distinctive aspects of American heritage worthy

22 of recognition, conservation, interpretation, and

23 continuing use, and are best managed through

24 partnerships among public and private entities
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1 and by combining diverse and sometimes non2 contiguous resources and active communities;

3 (B) reflects traditions, customs, beliefs, and

4 folklife that are a valuable part of the national

5 story;

6 (C) provides outstanding opportunities to

7 conserve natural, historic, cultural, or scenic fea8 tures;

9 (D) provides outstanding recreational and

10 educational opportunities;

11 (E) contains resources important to the

12 identified theme or themes of the Study Area

13 that retain a degree of integrity capable of sup14 porting interpretation;

15 (F) includes residents, business interests,

16 nonprofit organizations, and local and State

17 governments that are involved in the planning,

18 have developed a conceptual financial plan that

19 outlines the roles for all participants, including

20 the Federal Government, and have demonstrated

21 support for the concept of a national heritage

22 area;

23 (G) has a potential management entity to

24 work in partnership with residents, business in25 terests, nonprofit organizations, and local and
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1 State governments to develop a national heritage

2 area consistent with continued local and State

3 economic activity;

4 (H) has a conceptual boundary map that is

5 supported by the public; and

6 (I) has potential or actual impact on pri7 vate property located within or abutting the

8 Study Area.

9 (c) BOUNDARIES OF THE STUDY AREA.—The Study

10 Area shall be comprised of the counties of Trumbull,

11 Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga,

12 Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ash13 land in Ohio.

14 TITLE X—GULLAH/GEECHEE

15 CULTURAL HERITAGE

16 SEC. 1001. SHORT TITLE.

17 This Act may be cited as the ‘‘Gullah/Geechee Cultural

18 Heritage Act’’.

19 SEC. 1002. PURPOSES.

20 The purposes of this Act are to—

21 (1) recognize the important contributions made

22 to American culture and history by African-Ameri23 cans known as the Gullah/Geechee who settled in the

24 coastal counties of South Carolina and Georgia;
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1 (2) assist State and local governments and pub2 lic and private entities in the South Carolina and

3 Georgia in interpreting the story of the Gullah/

4 Geechee and preserving Gullah/Geechee folklore, arts,

5 crafts, and music; and

6 (3) assist in identifying and preserving sites,

7 historical data, artifacts, and objects associated with

8 the Gullah/Geechee for the benefit and education of the

9 public.

10 SEC. 1003. DEFINITIONS.

11 For the purposes of this Act, the following definitions

12 apply:

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

14 means the Gullah/Geechee Cultural Heritage Corridor

15 Commission established under this Act.

16 (2) HERITAGE CORRIDOR.—The term ‘‘Heritage

17 Corridor’’ means the Gullah/Geechee Cultural Herit18 age Corridor established by this Act.

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

20 the Secretary of the Interior.

21 SEC. 1004. GULLAH/GEECHEE CULTURAL HERITAGE COR22 RIDOR.

23 (a) ESTABLISHMENT.—There is established the Gullah/

24 Geechee Cultural Heritage Corridor.

25 (b) BOUNDARIES.—
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1 (1) INGENERAL.—The Heritage Corridor shall

2 be comprised of those lands and waters generally de3 picted on a map entitled ‘‘Gullah/Geechee Cultural

4 Heritage Corridor’’ numbered GGCHC/80,000, and

5 dated September 2004. The map shall be on file and

6 available for public inspection in the appropriate of7 fices of the National Park Service and in an appro8 priate State office in each of the States included in

9 the Heritage Corridor. The Secretary shall publish in

10 the Federal Register, as soon as practicable after the

11 date of enactment of this Act a detailed description

12 and map of the boundaries established under this sub13 section.

14 (2) REVISIONS.—The boundaries of the heritage

15 corridor may be revised if the revision is—

16 (A) proposed in the management plan de17 veloped for the Heritage Corridor;

18 (B) approved by the Secretary in accord19 ance with this Act; and

20 (C) placed on file in accordance with para21 graph (1).

22 (c) ADMINISTRATION.—The Heritage Corridor shall be

23 administered in accordance with the provisions of this Act.
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1 SEC. 1005. GULLAH/GEECHEE CULTURAL HERITAGE COR2 RIDOR COMMISSION.

3 (a) ESTABLISHMENT.—There is hereby established a

4 commission to be known as ‘‘Gullah/Geechee Cultural Herit5 age Corridor Commission’’ whose purpose shall be to assist

6 Federal, State, and local authorities in the development and

7 implementation of a management plan for those land and

8 waters specified in section 4.

9 (b) MEMBERSHIP.—The Commission shall be com10 posed of nine members appointed by the Secretary as fol11 lows:

12 (1) Four individuals nominated by the State

13 Historic Preservation Officer of South Carolina and

14 two individuals nominated by the State Historic

15 Preservation Officer of Georgia and appointed by the

16 Secretary.

17 (2) Two individuals from South Carolina and

18 one individual from Georgia who are recognized ex19 perts in historic preservation, anthropology, and folk20 lore, appointed by the Secretary.

21 (c) TERMS.—Members of the Commission shall be ap22 pointed to terms not to exceed 3 years. The Secretary may

23 stagger the terms of the initial appointments to the Com24 mission in order to assure continuity of operation. Any

25 member of the Commission may serve after the expiration

26 of their term until a successor is appointed. A vacancy shall
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1 be filled in the same manner in which the original appoint2 ment was made.

3 (d) TERMINATION.—The Commission shall terminate

4 10 years after the date of the enactment of this Act.

5 SEC. 1006. OPERATION OF THE COMMISSION.

6 (a) DUTIES OF THE COMMISSION.—To further the pur7 poses of the Heritage Corridor, the Commission shall—

8 (1) prepare and submit a management plan to

9 the Secretary in accordance with section 7;

10 (2) assist units of local government and other

11 persons in implementing the Approved management

12 plan by—

13 (A) carry out programs and projects that

14 recognize, protect, and enhance important re15 source values within the Heritage Corridor;

16 (B) establishing and maintaining interpre17 tive exhibits and programs within the Heritage

18 Corridor;

19 (C) developing recreational and educational

20 opportunities in the Heritage Corridor;

21 (D) increasing public awareness of and ap22 preciation for the historical, cultural, natural,

23 and scenic resources of the Heritage Corridor;
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1 (E) protecting and restoring historic sites

2 and buildings in the Heritage Corridor that are

3 consistent with heritage corridor themes;

4 (F) ensuring that clear, consistent, and ap5 propriate signs identifying points of public ac6 cess and sites of interest are posted throughout

7 the Heritage Corridor; and

8 (G) promoting a wide range of partnerships

9 among governments, organizations, and individ10 uals to further the purposes of the Heritage Cor11 ridor;

12 (3) consider the interests of diverse units of gov13 ernment, business, organizations, and individuals in

14 the Heritage Corridor in the preparation and imple15 mentation of the management plan;

16 (4) conduct meetings open to the public at least

17 quarterly regarding the development and implementa18 tion of the management plan;

19 (5) submit an annual report to the Secretary for

20 any fiscal year in which the Commission receives

21 Federal funds under this Act, setting forth its accom22 plishments, expenses, and income, including grants

23 made to any other entities during the year for which

24 the report is made;
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1 (6) make available for audit for any fiscal year

2 in which it receives Federal funds under this Act, all

3 information pertaining to the expenditure of such

4 funds and any matching funds, and require all agree5 ments authorizing expenditures of Federal funds by

6 other organizations, that the receiving organization

7 make available for audit all records and other infor8 mation pertaining to the expenditure of such funds;

9 and

10 (7) encourage by appropriate means economic

11 viability that is consistent with the purposes of the

12 Heritage Corridor.

13 (b) AUTHORITIES.—The Commission may, for the pur14 poses of preparing and implementing the management

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

16 (1) make grants to, and enter into cooperative

17 agreements with the States of South Carolina and

18 Georgia, political subdivisions of those States, a non19 profit organization, or any person;

20 (2) hire and compensate staff;

21 (3) obtain funds from any source including any

22 that are provided under any other Federal law or

23 program; and

24 (4) contract for goods and services.
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1 SEC. 1007. MANAGEMENT PLAN.

2 (a) IN GENERAL.—The management plan for the Her3 itage Corridor shall—

4 (1) include comprehensive policies, strategies,

5 and recommendations for conservation, funding, man6 agement, and development of the Heritage Corridor;

7 (2) take into consideration existing State, coun8 ty, and local plans in the development of the manage9 ment plan and its implementation;

10 (3) include a description of actions that govern11 ments, private organizations, and individuals have

12 agreed to take to protect the historical, cultural, and

13 natural resources of the Heritage Corridor;

14 (4) specify the existing and potential sources of

15 funding to protect, manage, and develop the Heritage

16 Corridor in the first 5 years of implementation;

17 (5) include an inventory of the historical, cul18 tural, natural, resources of the Heritage Corridor re19 lated to the themes of the Heritage Corridor that

20 should be preserved, restored, managed, developed, or

21 maintained;

22 (6) recommend policies and strategies for re23 source management that consider and detail the ap24 plication of appropriate land and water management

25 techniques, including the development of intergovern26 mental and interagency cooperative agreements to
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1 protect the Heritage Corridor’s historical, cultural,

2 and natural resources;

3 (7) describe a program for implementation of the

4 management plan including plans for resources pro5 tection, restoration, construction, and specific com6 mitments for implementation that have been made by

7 the Commission or any government, organization, or

8 individual for the first 5 years of implementation;

9 (8) include an analysis and recommendations for

10 the ways in which Federal, State, or local programs

11 may best be coordinated to further the purposes of this

12 Act; and

13 (9) include an interpretive plan for the Heritage

14 Corridor.

15 (b) SUBMITTAL OF MANAGEMENT PLAN.—The Com16 mission shall submit the management plan to the Secretary

17 for approval not later than 3 years after funds are made

18 available for this Act.

19 (c) FAILURE TO SUBMIT.—If the Commission fails to

20 submit the management plan to the Secretary in accordance

21 with subsection (b), the Heritage Corridor shall not qualify

22 for Federal funding until the management plan is sub23 mitted.

24 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

25 PLAN.—
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1 (1) INGENERAL.—The Secretary shall approve

2 or disapprove the management plan not later than 90

3 days after receiving the management plan.

4 (2) CRITERIA.—In determining whether to ap5 prove the management plan, the Secretary shall con6 sider whether—

7 (A) the Commission has afforded adequate

8 opportunity, including public hearings, for pub9 lic and governmental involvement in the prepa10 ration of the management plan;

11 (B) the resource preservation and interpre12 tation strategies contained in the management

13 plan would adequately protect the cultural and

14 historic resources of the Heritage Corridor; and

15 (C) the Secretary has received adequate as16 surances from appropriate State and local offi17 cials whose support is needed to ensure the effec18 tive implementation of the State and local as19 pects of the plan.

20 (3) ACTIONFOLLOWING DISAPPROVAL.—If the

21 Secretary disapproves the management plan, the Sec22 retary shall advise the Commission in writing of the

23 reasons therefore and shall make recommendations for

24 revisions to the management plan. The Secretary
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1 shall approve or disapprove a proposed revision not

2 later than 60 days after the date it is submitted.

3 (4) APPROVAL OF AMENDMENTS.—Substantial

4 amendments to the management plan shall be re5 viewed and approved by the Secretary in the same

6 manner as provided in the original management

7 plan. The Commission shall not use Federal funds au8 thorized by this Act to implement any amendments

9 until the Secretary has approved the amendments.

10 SEC. 1008. TECHNICAL AND FINANCIAL ASSISTANCE.

11 (a) IN GENERAL.—Upon a request of the Commission,

12 the Secretary may provide technical and financial assist13 ance for the development and implementation of the man14 agement plan.

15 (b) PRIORITY FOR ASSISTANCE.—In providing assist16 ance under subsection (a), the Secretary shall give priority

17 to actions that assist in—

18 (1) conserving the significant cultural, historical,

19 and natural resources of the Heritage Corridor; and

20 (2) providing educational and interpretive op21 portunities consistent with the purposes of the Herit22 age Corridor.

23 (c) SPENDING FOR NON-FEDERAL PROPERTY.—
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1 (1) INGENERAL.—The Commission may expend

2 Federal funds made available under this Act on non3 federally owned property that is—

4 (A) identified in the management plan; or

5 (B) listed or eligible for listing on the Na6 tional Register for Historic Places.

7 (2) AGREEMENTS.—Any payment of Federal

8 funds made pursuant to this Act shall be subject to

9 an agreement that conversion, use, or disposal of a

10 project so assisted for purposes contrary to the pur11 poses of this Act, as determined by the Secretary,

12 shall result in a right of the United States to com13 pensation of all funds made available to that project

14 or the proportion of the increased value of the project

15 attributable to such funds as determined at the time

16 of such conversion, use, or disposal, whichever is

17 greater.

18 SEC. 1009. DUTIES OF OTHER FEDERAL AGENCIES.

19 Any Federal agency conducting or supporting activi20 ties directly affecting the Heritage Corridor shall—

21 (1) consult with the Secretary and the Commis22 sion with respect to such activities;

23 (2) cooperate with the Secretary and the Com24 mission in carrying out their duties under this Act

25 and, to the maximum extent practicable, coordinate
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1 such activities with the carrying out of such duties;

2 and

3 (3) to the maximum extent practicable, conduct

4 or support such activities in a manner in which the

5 Commission determines will not have an adverse ef6 fect on the Heritage Corridor.

7 SEC. 1010. COASTAL HERITAGE CENTERS.

8 In furtherance of the purposes of this Act and using

9 the authorities made available under this Act, the Commis10 sion shall establish one or more Coastal Heritage Centers

11 at appropriate locations within the Heritage Corridor in

12 accordance with the preferred alternative identified in the

13 Record of Decision for the Low Country Gullah Culture

14 Special Resource Study and Environmental Impact Study,

15 December 2003.

16 SEC. 1011. PRIVATE PROPERTY PROTECTION.

17 (a) ACCESS TO PRIVATE PROPERTY.—Nothing in this

18 Act shall be construed to require any private property

19 owner to permit public access (including Federal, State, or

20 local government access) to such private property. Nothing

21 in this Act shall be construed to modify any provision of

22 Federal, State, or local law with regard to public access

23 to or use of private lands.

24 (b) LIABILITY.—Designation of the Heritage Corridor

25 shall not be considered to create any liability, or to have
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1 any effect on any liability under any other law, of any pri2 vate property owner with respect to any persons injured

3 on such private property.

4 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

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

6 authority of Federal, State, or local governments to regulate

7 land use.

8 (d) PARTICIPATIONOF PRIVATE PROPERTY OWNERS

9 IN HERITAGE CORRIDOR.—Nothing in this Act shall be con10 strued to require the owner of any private property located

11 within the boundaries of the Heritage Corridor to partici12 pate in or be associated with the Heritage Corridor.

13 (e) EFFECT OF ESTABLISHMENT.—The boundaries

14 designated for the Heritage Corridor represent the area

15 within which Federal funds appropriated for the purpose

16 of this Act shall be expended. The establishment of the Her17 itage Corridor and its boundaries shall not be construed to

18 provide any nonexisting regulatory authority on land use

19 within the Heritage Corridor or its viewshed by the Sec20 retary or the management entity.

21 (f) NOTIFICATIONAND CONSENT OF PROPERTY OWN22 ERS REQUIRED.—No privately owned property shall be pre23 served, conserved, or promoted by the management plan for

24 the Heritage Corridor until the owner of that private prop25 erty has been notified in writing by the management entity
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1 and has given written consent for such preservation, con2 servation, or promotion to the management entity.

3 (g) LANDOWNER WITHDRAWAL.—Any owner of private

4 property included within the boundary of the Heritage Cor5 ridor shall have their property immediately removed from

6 within the boundary by submitting a written request to the

7 management entity.

8 SEC. 1012. AUTHORIZATION OF APPROPRIATIONS.

9 (a) IN GENERAL.—There is authorized to be appro10 priated for the purposes of this Act not more than

11 $1,000,000 for any fiscal year. Not more than a total of

12 $10,000,000 may be appropriated for the Heritage Corridor

13 under this Act.

14 (b) COST SHARE.—Federal funding provided under

15 this Act may not exceed 50 percent of the total cost of any

16 activity for which assistance is provided under this Act.

17 (c) IN-KIND CONTRIBUTIONS.—The Secretary may ac18 cept in-kind contributions as part of the non-Federal cost

19 share of any activity for which assistance is provided under

20 this Act.

21 SEC. 1013. TERMINATION OF AUTHORITY.

22 The authority of the Secretary to provide assistance

23 under this Act shall terminate on the day occurring 15

24 years after the date of the enactment of this Act.
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1 TITLE XI—UTAH TEST AND

2 TRAINING RANGE PROTECTION

3 SEC. 1101. SHORT TITLE.

4 This title may be cited as the ‘‘Utah Test and Training

5 Range Protection Act’’.

6 SEC. 1102. DEFINITIONS.

7 In this title:

8 (1) The term ‘‘covered wilderness’’ means the

9 wilderness area designated by this title and wilder10 ness study areas located near lands withdrawn for

11 military use and beneath special use airspace critical

12 to the support of military test and training missions

13 at the Utah Test and Training Range, including the

14 Deep Creek, Fish Springs, Swasey Mountain, Howell

15 Peak, Notch Peak, King Top, Wah Wah Mountain,

16 and Conger Mountain units designated by the De17 partment of the Interior.

18 (2) The term ‘‘Tribe’’ means the Skull Valley

19 Band of Goshute Indians.

20 (3) The term ‘‘Utah Test and Training Range’’

21 means those portions of the military operating area

22 of the Utah Test and Training Area located solely in

23 the State of Utah. The term includes the Dugway

24 Proving Ground.
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1 (4) The term ‘‘Wilderness Act’’ means Public

2 Law 88–577, approved September 3, 1964 (16 U.S.C.

3 1131 et seq.).

4 SEC. 1103. MILITARY OPERATIONS AND OVERFLIGHTS,

5 UTAH TEST AND TRAINING RANGE.

6 (a) FINDINGS.—The Congress finds the following:

7 (1) The testing and development of military

8 weapons systems and the training of military forces

9 are critical to ensuring the national security of the

10 United States.

11 (2) The Utah Test and Training Range in the

12 State of Utah is a unique and irreplaceable national

13 asset at the core of the test and training mission of

14 the Department of Defense.

15 (3) The Cedar Mountain Wilderness Area des16 ignated by section 1105, as well as several wilderness

17 study areas, are located near lands withdrawn for

18 military use or are beneath special use airspace crit19 ical to the support of military test and training mis20 sions at the Utah Test and Training Range.

21 (4) The Utah Test and Training Range and spe22 cial use airspace withdrawn for military uses create

23 unique management circumstances for the covered

24 wilderness in this title, and it is not the intent of

25 Congress that passage of this title shall be construed
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1 as establishing a precedent with respect to any future

2 national conservation area or wilderness designation.

3 (5) Continued access to the special use airspace

4 and lands that comprise the Utah Test and Training

5 Range, under the terms and conditions described in

6 this section, is a national security priority and is not

7 incompatible with the protection and proper manage8 ment of the natural, environmental, cultural, and

9 other resources of such lands.

10 (b) OVERFLIGHTS.—Nothing in this title or the Wil11 derness Act shall preclude low-level overflights and oper12 ations of military aircraft, helicopters, missiles, or un13 manned aerial vehicles over the covered wilderness, includ14 ing military overflights and operations that can be seen or

15 heard within the covered wilderness.

16 (c) SPECIAL USE AIRSPACE AND TRAINING ROUTES.—

17 Nothing in this title or the Wilderness Act shall preclude

18 the designation of new units of special use airspace, the ex19 pansion of existing units of special use airspace, or the use

20 or establishment of military training routes over the covered

21 wilderness.

22 (d) COMMUNICATIONS AND TRACKING SYSTEMS.—

23 Nothing in this title shall prevent any required mainte24 nance of existing communications, instrumentation, or elec25 tronic tracking systems (or infrastructure supporting such
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1 systems) or prevent the installation of new communication,

2 instrumentation, or other equipment necessary for effective

3 testing and training to meet military requirements in wil4 derness study areas located beneath special use airspace

5 comprising the Utah Test and Training Range, including

6 the Deep Creek, Fish Springs, Swasey Mountain, Howell

7 Peak, Notch Peak, King Top, Wah Wah Mountain, and

8 Conger Mountain units designated by the Department of

9 Interior, so long as the Secretary of the Interior, after con10 sultation with the Secretary of the Air Force, determines

11 that the installation and maintenance of such systems,

12 when considered both individually and collectively, comply

13 with section 603 of the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. 1782).

15 (e) EMERGENCY ACCESS AND RESPONSE.—Nothing in

16 this title or the Wilderness Act shall preclude the continu17 ation of the memorandum of understanding in existence as

18 of the date of enactment of this title between the Department

19 of the Interior and the Department of the Air Force with

20 respect to emergency access and response.

21 (f) PROHIBITIONON GROUND MILITARY OPER22 ATIONS.—Except as provided in subsections (d) and (e),

23 nothing in this section shall be construed to permit a mili24 tary operation to be conducted on the ground in covered

25 wilderness in the Utah Test and Training Range unless
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1 such ground operation is otherwise permissible under Fed2 eral law and consistent with the Wilderness Act.

3 SEC. 1104. PLANNING PROCESS FOR FEDERAL LANDS IN

4 UTAH TEST AND TRAINING RANGE.

5 (a) ANALYSIS OF MILITARY READINESS AND OPER6 ATIONAL IMPACTS.—The Secretary of the Interior shall de7 velop, maintain, and revise land use plans pursuant to sec8 tion 202 of the Federal Land Policy and Management Act

9 of 1976 (43 U.S. C. 1712) for Federal lands located in the

10 Utah Test and Training Range in consultation with the

11 Secretary of Defense. As part of the required consultation

12 in connection with a proposed revision of a land use plan,

13 the Secretary of Defense shall prepare and transmit to the

14 Secretary of the Interior an analysis of the military readi15 ness and operational impacts of the proposed revision with16 in six months of a request from the Secretary of Interior.

17 (b) LIMITATIONON RIGHTS-OF-WAYS.—The Secretary

18 of the Interior shall not grant or issue any authorizations

19 for rights-of-way under section 501(a)(6) of the Federal

20 Land Policy and Management Act of 1976 (43 U.S.C.

21 1761(a)(6)) upon Federal lands identified as inventory

22 units UTU–020–086, UTU–020–088, UTU–020–095,

23 UTU–020–096, UTU–020–100, UTU–020–101, UTU–020–

24 103, UTU–020–104, UTU–020–105, and UTU–020–110, as

25 generally depicted on the map entitled ‘‘Wilderness Inven-
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1 tory, State of Utah’’ and dated August 1979, until the later

2 of the following:

3 (1) The completion of a full revision of the Pony

4 Express Area Resource Management Plan, dated Jan5 uary 12, 1990, by the Salt Lake Field Office of the

6 Bureau of Land Management.

7 (2) January 1, 2015.

8 SEC. 1105. DESIGNATION AND MANAGEMENT OF CEDAR

9 MOUNTAIN WILDERNESS, UTAH.

10 (a) DESIGNATION.—Certain Federal lands in Tooele

11 County, Utah, as generally depicted on the map entitled

12 ‘‘Cedar Mountain Wilderness’’ and dated March 7, 2004,

13 are hereby designated as wilderness and, therefore, as a

14 component of the National Wilderness Preservation System

15 to be known as the Cedar Mountain Wilderness Area.

16 (b) WITHDRAWAL.—Subject to valid existing rights,

17 the Federal lands in the Cedar Mountain Wilderness Area

18 are hereby withdrawn from all forms of entry, appropria19 tion, or disposal under the public land laws, from location,

20 entry, and patent under the United States mining laws,

21 and from disposition under all laws pertaining to mineral

22 and geothermal leasing, and mineral materials, and all

23 amendments to such laws.

24 (c) MAP AND DESCRIPTION.—(1) As soon as prac25 ticable after the date of the enactment of this title, the Sec-
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1 retary of the Interior shall transmit a map and legal de2 scription of the Cedar Mountain Wilderness Area to the

3 Committee on Resources of the House of Representatives

4 and the Committee on Energy and Natural Resources of

5 the Senate.

6 (2) The map and legal description shall have the same

7 force and effect as if included in this title, except that the

8 Secretary of the Interior may correct clerical and typo9 graphical errors in the map and legal description.

10 (3) The map and legal description shall be on file and

11 available for public inspection in the office of the Director

12 of the Bureau of Land Management and the office of the

13 State Director of the Bureau of Land Management in the

14 State of Utah.

15 (d) ADMINISTRATION.—Subject to valid existing rights

16 and this title, the Cedar Mountain Wilderness Area shall

17 be administered by the Secretary of the Interior in accord18 ance with the provisions of the Wilderness Act, except that

19 any reference in such provisions to the effective date of the

20 Wilderness Act (or any similar reference) shall be deemed

21 to be a reference to the date of the enactment of this title.

22 (e) LAND ACQUISITION.—Any lands or interest in

23 lands within the boundaries of the Cedar Mountain Wilder24 ness Area acquired by the United States after the date of
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1 the enactment of this Act shall be added to and adminis2 tered as part of the Cedar Mountain Wilderness Area.

3 (f) FISH AND WILDLIFE MANAGEMENT.—As provided

4 in section 4(d)(7) of the Wilderness Act (16 U.S.C.

5 1133(d)(7)), nothing in this title shall be construed as af6 fecting the jurisdiction of the State of Utah with respect

7 to fish and wildlife on the Federal lands located in that

8 State.

9 (g) GRAZING.—Within the Cedar Mountain Wilderness

10 Area, the grazing of livestock, where established before the

11 date of the enactment of this title, shall be permitted to con12 tinue subject to such reasonable regulations, policies, and

13 practices as the Secretary of the Interior considers nec14 essary, as long as such regulations, policies, and practices

15 fully conform with and implement the intent of Congress

16 regarding grazing in such areas, as such intent is expressed

17 in the Wilderness Act, section 101(f) of Public Law 101–

18 628 (104 Stat. 4473), and appendix A of the Report of the

19 Committee on Interior and Insular Affairs to accompany

20 H.R. 2570 of the 101st Congress (H. Rept. 101–405).

21 (h) BUFFER ZONES.—Congress does not intend for the

22 designation of the Cedar Mountain Wilderness Area to lead

23 to the creation of protective perimeters or buffer zones

24 around the wilderness area. The fact that nonwilderness ac25 tivities or uses can be seen or heard within the wilderness
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1 area shall not, of itself, preclude such activities or uses up

2 to the boundary of the wilderness area.

3 (i) RELEASE FROM WILDERNESS STUDY AREA STA4 TUS.—The lands identified as the Browns Spring

5 Cherrystem on the map entitled ‘‘Proposed Browns Spring

6 Cherrystem’’ and dated May 11, 2004, are released from

7 their status as a wilderness study area, and shall no longer

8 be subject to the requirements of section 603(c) of the Fed9 eral Land Policy and Management Act of 1976 (43 U.S.C.

10 1782(c)) pertaining to the management of wilderness study

11 areas in a manner that does not impair the suitability of

12 those areas for preservation of wilderness.

13 SEC. 1106. IDENTIFICATION OF ADDITIONAL BUREAU OF

14 LAND MANAGEMENT LAND IN UTAH AS TRUST

15 LAND FOR SKULL VALLEY BAND OF

16 GOSHUTES.

17 (a) IDENTIFICATION OF TRUST LAND.—The Secretary

18 of the Interior shall identify approximately 640 additional

19 acres of Bureau of Land Management land in the State of

20 Utah to be administered in trust for the benefit of the Skull

21 Valley Band of Goshutes.

22 (b) SPECIAL CONSIDERATIONS.—In identifying the

23 land under subsection (a), the Secretary of the Interior

24 shall—
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1 (1) consult with leaders of the Tribe and the

2 Governor of Utah; and

3 (2) ensure that the land has ready access to

4 State or Federal highways and, in the judgment of

5 the Secretary, provides the best opportunities for com6 mercial economic development in closest proximity to

7 other lands of the Tribe.

8 (c) PLACEMENT IN TRUST.—Not later than December

9 31, 2005, the Secretary of the Interior shall place the land

10 identified pursuant to subsection (a) into trust for the pur11 poses of economic development for the Tribe. At least 30

12 days before placing the land in trust for the Tribe, the Sec13 retary shall publish in the Federal Register legal descrip14 tions of the land to be placed in trust.

15 (d) MANAGEMENT OF TRUST LAND.—The land placed

16 into trust for the Tribe under subsection (c) shall be admin17 istered in accordance with laws generally applicable to

18 property held in trust by the United States for Indian

19 Tribes, except that the land shall immediately revert to the

20 administrative control of the Bureau of Land Management

21 if the Tribe sells, or attempts to sell, any part of the land.

22 (e) EFFECT.—Nothing in this section—

23 (1) affects any valid right-of-way, lease, permit,

24 mining claim, grazing permit, water right, or other

25 right or interest of any person or entity (other than
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1 the United States) in or to the trust land that exists

2 before the date on which the land is placed in trust

3 for the Tribe under subsection (c);

4 (2) enlarges, impairs, or otherwise affects a right

5 or claim of the Tribe to any land or interest in land

6 based on Aboriginal or Indian title that exists before

7 the date of the enactment of this title;

8 (3) constitutes an express or implied reservation

9 of water or water right for any purpose with respect

10 to the trust land; or

11 (4) affects any water right of the Tribe that ex12 ists before the date of the enactment of this title.

13 SEC. 1107. RELATION TO OTHER LANDS AND LAWS.

14 (a) OTHER LANDS.—Nothing in this title shall be con15 strued to affect any Federal lands located outside of the cov16 ered wilderness or the management of such lands.

17 (b) CONFORMING REPEAL.—Section 2815 of the Na18 tional Defense Authorization Act for Fiscal Year 2000 (Pub19 lic Law 106–65; 113 Stat. 852) is amended by striking sub20 section (d).

Attest:

Clerk.