II 

108TH CONGRESS 

2D SESSION S. 2836 

To amend the Omnibus Parks and Public Lands Management Act of 1996 

to extend the authorization for certain national heritage areas, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2004 

Mr. VOINOVICH (for himself, Mr. LAUTENBERG, Mr. CORZINE, Mr. CHAFEE, 

and Mr. KENNEDY) introduced the following bill; which was read twice 

and referred to the Committee on Energy and Natural Resources 

A BILL 

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

national heritage areas, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘National Heritage Area Extension Act of 2004’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—EXTENSIONS 
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Sec. 101. Authorization and appropriation extensions. 

TITLE II—NATIONAL AVIATION HERITAGE AREA 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. National Aviation Heritage Area. 

Sec. 204. Management plan. 

Sec. 205. Administration. 

Sec. 206. Technical and financial assistance; other Federal agencies. 

Sec. 207. Authorization of appropriations. 

Sec. 208. Termination of authority. 

TITLE III—NATIONAL COAL HERITAGE AREA 

Sec. 301. National Coal Heritage Area. 

TITLE IV—COASTAL HERITAGE TRAIL ROUTE IN NEW JERSEY 

Sec. 401. Reauthorization of appropriations for Coastal Heritage Trail Route in 

New Jersey. 

TITLE V—ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE 

CORRIDOR 

Sec. 501. Short title. 

Sec. 502. Transition and provisions for new management entity. 

Sec. 503. Private property protection. 

Sec. 504. Technical amendments. 

TITLE VI—OIL REGION NATIONAL HERITAGE AREA 

Sec. 601. Short title; definitions. 

Sec. 602. Findings and purpose. 

Sec. 603. Oil Region National Heritage Area. 

Sec. 604. Compact. 

Sec. 605. Authorities and duties of management entity. 

Sec. 606. Duties and authorities of the Secretary. 

Sec. 607. Duties of other Federal entities. 

Sec. 608. Sunset. 

Sec. 609. Requirements for inclusion of private property. 

Sec. 610. Private property protection. 

Sec. 611. Use of Federal funds from other sources. 

Sec. 612. Authorization of appropriations. 

TITLE VII—CROSSROADS OF THE AMERICAN REVOLUTION 

NATIONAL HERITAGE AREA 

Sec. 701. Short title. 

Sec. 702. Definitions. 

Sec. 703. Crossroads of the American Revolution National Heritage Area. 

Sec. 704. Management plan. 

Sec. 705. Authorities, duties, and prohibitions applicable to the management 

entity. 

Sec. 706. Technical and financial assistance; other Federal agencies. 

Sec. 707. Authorization of appropriations. 

Sec. 708. Termination of authority. 
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TITLE VIII—WESTERN RESERVE HERITAGE AREAS STUDY 

Sec. 801. Short title. 

Sec. 802. National Park Service study regarding the Western Reserve, Ohio. 

TITLE IX—JOHN H. CHAFEE BLACKSTONE RIVER VALLEY 

NATIONAL HERITAGE CORRIDOR 

Sec. 901. Update of plan. 

Sec. 902. Extension of Commission. 

Sec. 903. Authorization of appropriations. 

1 TITLE I—EXTENSIONS 

2 SECTION 101. AUTHORIZATION AND APPROPRIATION EX3 TENSIONS. 

4 Division II of the Omnibus Parks and Public Lands 

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

6 U.S.C. 461 note) is amended— 

7 (1) in each of sections 107, 208, 408, 507, 811, 

8 and 910, by striking ‘‘September 30, 2012’’ and in9 serting ‘‘September 30, 2027’’; 

10 (2) in each of sections 108(a), 209(a), 409(a), 

11 508(a), 812(a), and 909(c), by striking 

12 ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and 

13 (3) in title VIII, by striking ‘‘Canal National 

14 Heritage Corridor’’ each place it appears in the sec15 tion headings and text and inserting ‘‘National Her16 itage Canalway’’. 
4 

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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 

5 Heritage Area Act’’. 

6 SEC. 202. DEFINITIONS. 

7 In this title: 

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

9 Area’’ means the National Aviation Heritage Area 

10 established by section 203(a). 

11 (2) MANAGEMENT ENTITY.—The term ‘‘man12 agement entity’’ means the Aviation Heritage Foun13 dation, Incorporated, a nonprofit corporation estab14 lished under the laws of the State of Ohio. 

15 (3) MANAGEMENT PLAN.—The term ‘‘manage16 ment plan’’ means the management plan for the 

17 Heritage Area developed under section 204. 

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

19 (A) a Federal, State, or local governmental 

20 entity; or 

21 (B) an organization, private industry, or 

22 person involved in promoting the conservation 

23 and preservation of the cultural and natural re24 sources of the Heritage Area. 
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1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 SEC. 203. NATIONAL AVIATION HERITAGE AREA. 

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

5 States of Ohio and Indiana the National Aviation Heritage 

6 Area. 

7 (b) BOUNDARIES.— 

8 (1) IN GENERAL.—The Heritage Area shall in9 clude— 

10 (A) a core area consisting of resources in 

11 Montgomery, Greene, Warren, Miami, Clark, 

12 Shelby, Auglaize, and Champaign Counties in 

13 the State of Ohio; 

14 (B) the Neil Armstrong Air & Space Mu15 seum, Wapakoneta, Ohio; 

16 (C) the Wilbur Wright Birthplace and Mu17 seum, Millville, Indiana; and 

18 (D) any sites, buildings, and districts with19 in the core area described in subparagraph (A) 

20 that are recommended for inclusion in the Her21 itage Area in the management plan. 

22 (2) MAP.— 

23 (A) IN GENERAL.—The Secretary shall 

24 prepare a map of the Heritage Area for inclu25 sion in the management plan. 
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1 (B) AVAILABILITY.—The map shall be on 

2 file and available for public inspection in the 

3 appropriate offices of the National Park Serv4 ice. 

5 SEC. 204. MANAGEMENT PLAN. 

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

7 date of enactment of this Act, the management entity shall 

8 submit to the Secretary for approval a management plan 

9 for the Heritage Area. 

10 (b) REQUIREMENTS.—The management plan shall— 

11 (1) incorporate an integrated and cooperative 

12 approach for the protection, enhancement, and inter13 pretation of the natural, cultural, historic, scenic, 

14 and recreational resources of the Heritage Area; 

15 (2) take into consideration Federal, State, and 

16 local plans; 

17 (3) involve residents, public agencies, and pri18 vate organizations in the Heritage Area; 

19 (4) include— 

20 (A) an assessment of cultural landscapes 

21 in the Heritage Area; 

22 (B) provisions for the protection, interpre23 tation, and enjoyment of the resources of the 

24 Heritage Area that are consistent with the pur25 poses of this title; 
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•S 2836 IS 

1 (C) an interpretation plan for the Heritage 

2 Area; 

3 (D) a program for the implementation of 

4 the management plan by the management enti5 ty that includes— 

6 (i) provisions for facilitating ongoing 

7 collaboration among the partners to— 

8 (I) promote heritage tourism; 

9 and 

10 (II) develop educational and cul11 tural programs for the public; 

12 (ii) provisions for assisting partners in 

13 plans for restoration and construction of 

14 the Heritage Area; and 

15 (iii) to the maximum extent prac16 ticable, specific commitments from part17 ners for the first 5 years of operation of 

18 the Heritage Area; and 

19 (E) an inventory of the resources con20 tained in the core area of the Heritage Area, in21 cluding— 

22 (i) the Dayton Aviation Heritage His23 torical Park; 

24 (ii) the sites, buildings, and districts 

25 listed in section 202 of the Dayton Avia-
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1 tion Heritage Preservation Act of 1992 

2 (Public Law 102–419); and 

3 (iii) any other property that— 

4 (I) is related to the themes of the 

5 Heritage Area; and 

6 (II) should be preserved, re7 stored, managed, or maintained be8 cause of the significance of the prop9 erty; 

10 (5) identify sources of funding for the imple11 mentation of the management plan; and 

12 (6) describe and evaluate the management enti13 ty, including a description and evaluation of— 

14 (A) the membership of the management 

15 entity; and 

16 (B) the organizational structure of the 

17 management entity. 

18 (c) FAILURE TO SUBMIT.—If the management entity 

19 fails to submit the management plan by the date described 

20 in subsection (a), the Secretary shall not provide any addi21 tional funding under this title to the management entity 

22 until the date on which the management entity submits 

23 a management plan to the Secretary. 

24 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

25 PLANS.— 
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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of the receipt of the management plan 

3 under subsection (a), the Secretary, in consultation 

4 with the State of Ohio, shall approve or disapprove 

5 the plan. 

6 (2) DISAPPROVAL AND REVISION.—If the Sec7 retary disapproves a management plan under para8 graph (1), the Secretary shall— 

9 (A) advise the management entity in writ10 ing of the reasons for the disapproval; 

11 (B) make recommendations for revisions to 

12 the management plan; and 

13 (C) not later than 90 days after the receipt 

14 of any proposed revision of the management 

15 plan from the management entity, approve or 

16 disapprove the proposed revision. 

17 (e) AMENDMENTS.— 

18 (1) IN GENERAL.—The Secretary shall review 

19 each amendment to the management plan that the 

20 Secretary determines may make a substantial 

21 change to the management plan. 

22 (2) USE OF FUNDS.—Funds made available 

23 under this title shall not be expended to implement 

24 an amendment described in paragraph (1) until the 

25 Secretary approves the amendment. 
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1 SEC. 205. ADMINISTRATION. 

2 (a) IN GENERAL.—The management entity shall ad3 minister the Heritage Area in accordance with this title. 

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

5 purposes of implementing the management plan, use Fed6 eral funds made available under this title to— 

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

8 agreements with— 

9 (A) the State of Ohio (including a political 

10 subdivision of the State); 

11 (B) a private organization; or 

12 (C) any person; 

13 (2) hire and compensate staff; 

14 (3) contract for goods and services; and 

15 (4) obtain funds from any source (including a 

16 program that has a cost-sharing requirement). 

17 (c) DUTIES OF MANAGEMENT ENTITY.—In addition 

18 to developing the management plan under section 204, in 

19 carrying out this title, the management entity shall— 

20 (1) give priority to the implementation of ac21 tions set forth in the management plan, including— 

22 (A) assisting units of government and non23 profit organizations in preserving the resources 

24 of the Heritage Area; and 
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1 (B) encouraging local governments to 

2 adopt land use policies that are consistent 

3 with— 

4 (i) the management of the Heritage 

5 Area; and 

6 (ii) the goals of the management plan; 

7 (2) in developing and implementing the man8 agement plan, consider the interests of diverse gov9 ernmental, business, and nonprofit organizations in 

10 the Heritage Area; 

11 (3) maintain a collaboration among the part12 ners to promote heritage tourism; 

13 (4) assist partners in developing educational 

14 and cultural programs for the public; 

15 (5) encourage economic viability in the Heritage 

16 Area in accordance with the goals of the manage17 ment plan; 

18 (6) assist units of government and nonprofit or19 ganizations in— 

20 (A) establishing and maintaining interpre21 tive exhibits in the Heritage Area; 

22 (B) developing recreational resources in 

23 the Heritage Area; 

24 (C) increasing public awareness of and ap25 preciation for the historical, natural, and archi-
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1 tectural resources and sites of the Heritage 

2 Area; 

3 (D) installing throughout the Heritage 

4 Area, clear, consistent, and environmentally ap5 propriate signs that identify access points and 

6 sites of interest; and 

7 (E) restoring historic buildings that relate 

8 to the purposes of the Heritage Area; 

9 (7) conduct public meetings at least quarterly 

10 regarding the implementation of the management 

11 plan; 

12 (8) submit to the Secretary for approval sub13 stantial amendments to the management plan; and 

14 (9) for any fiscal year for which Federal funds 

15 are made available to carry out this Act under sec16 tion 207— 

17 (A) submit to the Secretary a report that 

18 describes, for the fiscal year— 

19 (i) any activities conducted by the 

20 management entity with respect to the 

21 Heritage Area; and 

22 (ii) any expenses incurred by the man23 agement entity in carrying out this title; 
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1 (B) make available to the Secretary for 

2 audit all records relating to the expenditure of 

3 the funds and any matching funds; and 

4 (C) require, for all agreements authorizing 

5 the expenditure of Federal funds by any entity, 

6 that the receiving entity make available to the 

7 Secretary for audit all records relating to the 

8 expenditure of the funds. 

9 (d) PROHIBITION OF ACQUISITION OF REAL PROP10 ERTY.— 

11 (1) USE OF FEDERAL FUNDS.—The manage12 ment entity shall not use Federal funds made avail13 able under this title to acquire real property or any 

14 interest in real property. 

15 (2) FUNDS FROM OTHER SOURCES.—The man16 agement entity may acquire real property or an in17 terest in real property using non-Federal funds. 

18 SEC. 206. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

19 FEDERAL AGENCIES. 

20 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

21 (1) IN GENERAL.—On the request of the man22 agement entity, the Secretary may provide to the 

23 Heritage Area technical assistance, on a reimburs24 able or nonreimbursable basis, and financial assist-
14 

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1 ance for use in the development and implementation 

2 of the management plan. 

3 (2) COOPERATIVE AGREEMENTS.—The Sec4 retary may enter into a cooperative agreement with 

5 the management entity or other public or private or6 ganizations for purposes of providing technical or fi7 nancial assistance under paragraph (1). 

8 (3) PRIORITY FOR ASSISTANCE.—In providing 

9 technical or financial assistance under paragraph 

10 (1), the Secretary shall give priority to actions that 

11 assist in— 

12 (A) conserving the significant historical, 

13 cultural, and natural resources of the Heritage 

14 Area; and 

15 (B) providing educational, interpretive, and 

16 recreational opportunities consistent with the 

17 purposes of the Heritage Area. 

18 (b) OPERATIONAL ASSISTANCE.—Subject to the 

19 availability of appropriations, the Secretary may provide 

20 to public or private organizations in the Heritage Area 

21 such operational assistance as is appropriate to support 

22 the implementation of the management plan. 

23 (c) DUTIES OF OTHER FEDERAL AGENCIES.—A 

24 Federal agency conducting or supporting any activity di25 rectly affecting the Heritage Area shall— 
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1 (1) consult with the Secretary and the manage2 ment entity with respect to the activity; 

3 (2) cooperate with the Secretary and the man4 agement entity in carrying out the duties of the Sec5 retary and the management entity under this title; 

6 (3) to the maximum extent practicable, coordi7 nate the activity with the duties of the Secretary and 

8 the management entity under this title; and 

9 (4) conduct or support the activity in a manner 

10 that, to the maximum extent practicable, will not 

11 have an adverse effect on the Heritage Area, as de12 termined by the management entity. 

13 (d) COORDINATION BETWEEN THE SECRETARY, THE

14 SECRETARY OF DEFENSE, AND THE ADMINISTRATOR OF

15 NASA.—Any decision relating to the application of this 

16 title to properties under the jurisdiction of the Secretary 

17 of Defense or the Administrator of the National Aero18 nautics and Space Administration shall be made by the 

19 Secretary of Defense or the Administrator, respectively, 

20 in consultation with the Secretary. 

21 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) IN GENERAL.—There is authorized to be appro23 priated to carry out this title $10,000,000, of which not 

24 more than $1,000,000 may be made available for any fis25 cal year. 
16 

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

2 total cost of any activity assisted under this title shall be 

3 not more than 50 percent. 

4 SEC. 208. TERMINATION OF AUTHORITY. 

5 The authority of the Secretary to provide assistance 

6 under this title terminates on the date that is 15 years 

7 after the date of enactment of this Act. 

8 TITLE III—NATIONAL COAL 

9 HERITAGE AREA 

10 SEC. 301. NATIONAL COAL HERITAGE AREA. 

11 (a) NATIONAL COAL HERITAGE AREA AUTHORITY; 

12 BOUNDARY REVISION.—Title I of division II of the Omni13 bus Parks and Public Lands Management Act of 1996 

14 (Public Law 104–333; 16 U.S.C. 461 note) is amended 

15 as follows: 

16 (1) In section 103(b), by inserting ‘‘(1)’’ before 

17 ‘‘the counties’’ and by inserting the following before 

18 the period: ‘‘; (2) Lincoln County, West Virginia; 

19 and (3) Paint Creek and Cabin Creek in Kanawha 

20 County, West Virginia’’. 

21 (2) In section 104, by striking ‘‘Governor’’ and 

22 all that follows through ‘‘organizations’’ in the mat23 ter preceding paragraph (1) and inserting ‘‘National 

24 Coal Heritage Area Authority, a public corporation 

25 and government instrumentality established by the 
17 

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1 State of West Virginia, pursuant to which the Sec2 retary shall assist the National Coal Heritage Area 

3 Authority’’. 

4 (3) In section 105— 

5 (A) by striking ‘‘paragraph (2) of’’; and 

6 (B) by adding at the end the following new 

7 sentence: ‘‘Resources within Lincoln County, 

8 West Virginia, and Paint Creek and Cabin 

9 Creek within Kanawha County, West Virginia, 

10 shall also be eligible for assistance as deter11 mined by the National Coal Heritage Area Au12 thority.’’. 

13 (4) In section 106(a)— 

14 (A) by striking ‘‘Governor’’ and all that 

15 follows through ‘‘and Parks’’ and inserting 

16 ‘‘National Coal Heritage Area Authority’’; and 

17 (B) in paragraph (3), by striking ‘‘State of 

18 West Virginia’’ and all that follows through 

19 ‘‘entities’’ and inserting ‘‘National Coal Herit20 age Area Authority’’. 

21 (b) AGREEMENT CONTINUING IN EFFECT.—The con22 tractual agreement entered into by the Secretary of the 

23 Interior and the Governor of West Virginia prior to the 

24 date of the enactment of this Act pursuant to section 104 

25 of title I of division II of the Omnibus Parks and Public 
18 

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1 Lands Management Act of 1996 (16 U.S.C. 461 note) 

2 shall be deemed as continuing in effect, except that such 

3 agreement shall be between the Secretary and the Na4 tional Coal Heritage Area Authority. 

5 TITLE IV—COASTAL HERITAGE 

6 TRAIL ROUTE IN NEW JERSEY 

7 SEC. 401. REAUTHORIZATION OF APPROPRIATIONS FOR 

8 COASTAL HERITAGE TRAIL ROUTE IN NEW 

9 JERSEY. 

10 (a) REAUTHORIZATION.—Section 6 of Public Law 

11 100–515 (16 U.S.C. 1244 note) is amended— 

12 (1) in subsection (b)(1), by striking 

13 ‘‘$4,000,000’’ and all that follows and inserting 

14 ‘‘such sums as may be necessary.’’; and 

15 (2) in subsection (c), by striking ‘‘10’’ and in16 serting ‘‘12’’. 

17 (b) STRATEGIC PLAN.— 

18 (1) IN GENERAL.—The Secretary of the Inte19 rior shall, by not later than 2 years after the date 

20 of the enactment of this Act, prepare a strategic 

21 plan for the New Jersey Coastal Heritage Trail 

22 Route. 

23 (2) CONTENTS.—The strategic plan shall de24 scribe— 
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1 (A) opportunities to increase participation 

2 by national and local private and public inter3 ests in planning, development, and administra4 tion of the New Jersey Coastal Heritage Trail 

5 Route; and 

6 (B) organizational options for sustaining 

7 the New Jersey Coastal Heritage Trail Route. 

8 TITLE V—ILLINOIS AND MICHI9 GAN CANAL NATIONAL HERIT10 AGE CORRIDOR 

11 SEC. 501. SHORT TITLE. 

12 This title may be cited as the ‘‘Illinois and Michigan 

13 Canal National Heritage Corridor Act Amendments Act 

14 of 2004’’. 

15 SEC. 502. TRANSITION AND PROVISIONS FOR NEW MANAGE16 MENT ENTITY. 

17 The Illinois and Michigan Canal National Heritage 

18 Corridor Act of 1984 (Public Law 98–398; 16 U.S.C. 461 

19 note) is amended as follows: 

20 (1) In section 103— 

21 (A) in paragraph (8), by striking ‘‘and’’; 

22 (B) in paragraph (9), by striking the pe23 riod and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following: 
20 

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1 ‘‘(10) the term ‘Association’ means the Canal 

2 Corridor Association (an organization described 

3 under section 501(c)(3) of the Internal Revenue 

4 Code of 1986 and exempt from taxation under sec5 tion 501(a) of such Code).’’. 

6 (2) By adding at the end of section 112 the fol7 lowing new paragraph: 

8 ‘‘(7) The Secretary shall enter into a memo9 randum of understanding with the Association to 

10 help ensure appropriate transition of the manage11 ment entity to the Association and coordination with 

12 the Association regarding that role.’’. 

13 (3) By adding at the end the following new sec14 tions: 

15 ‘‘SEC. 119. ASSOCIATION AS MANAGEMENT ENTITY. 

16 ‘‘Upon the termination of the Commission, the man17 agement entity for the corridor shall be the Association. 

18 ‘‘SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION. 

19 ‘‘For purposes of preparing and implementing the 

20 management plan developed under section 121, the Asso21 ciation may use Federal funds made available under this 

22 title— 

23 ‘‘(1) to make loans and grants to, and enter 

24 into cooperative agreements with, States and their 
21 

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1 political subdivisions, private organizations, or any 

2 person; 

3 ‘‘(2) to hire, train, and compensate staff; and 

4 ‘‘(3) to enter into contracts for goods and serv5 ices. 

6 ‘‘SEC. 121. DUTIES OF THE ASSOCIATION. 

7 ‘‘The Association shall— 

8 ‘‘(1) develop and submit to the Secretary for 

9 approval under section 123 a proposed management 

10 plan for the corridor not later than 2 years after 

11 Federal funds are made available for this purpose; 

12 ‘‘(2) give priority to implementing actions set 

13 forth in the management plan, including taking 

14 steps to assist units of local government, regional 

15 planning organizations, and other organizations— 

16 ‘‘(A) in preserving the corridor; 

17 ‘‘(B) in establishing and maintaining inter18 pretive exhibits in the corridor; 

19 ‘‘(C) in developing recreational resources 

20 in the corridor; 

21 ‘‘(D) in increasing public awareness of and 

22 appreciation for the natural, historical, and ar23 chitectural resources and sites in the corridor; 

24 and 
22 

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1 ‘‘(E) in facilitating the restoration of any 

2 historic building relating to the themes of the 

3 corridor; 

4 ‘‘(3) encourage by appropriate means economic 

5 viability in the corridor consistent with the goals of 

6 the management plan; 

7 ‘‘(4) consider the interests of diverse govern8 mental, business, and other groups within the cor9 ridor; 

10 ‘‘(5) conduct public meetings at least quarterly 

11 regarding the implementation of the management 

12 plan; 

13 ‘‘(6) submit substantial changes (including any 

14 increase of more than 20 percent in the cost esti15 mates for implementation) to the management plan 

16 to the Secretary; 

17 ‘‘(7) for any year in which Federal funds have 

18 been received under this title— 

19 ‘‘(A) submit an annual report to the Sec20 retary setting forth the Association’s accom21 plishments, expenses and income, and the iden22 tity of each entity to which any loans and 

23 grants were made during the year for which the 

24 report is made; 
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1 ‘‘(B) make available for audit all records 

2 pertaining to the expenditure of such funds and 

3 any matching funds; and 

4 ‘‘(C) require, for all agreements author5 izing expenditure of Federal funds by other or6 ganizations, that the receiving organizations 

7 make available for audit all records pertaining 

8 to the expenditure of such funds. 

9 ‘‘SEC. 122. USE OF FEDERAL FUNDS. 

10 ‘‘(a) IN GENERAL.—The Association shall not 

11 use Federal funds received under this title to acquire 

12 real property or an interest in real property. 

13 ‘‘(b) OTHER SOURCES.—Nothing in this title 

14 precludes the Association from using Federal funds 

15 from other sources for authorized purposes. 

16 ‘‘SEC. 123. MANAGEMENT PLAN. 

17 ‘‘(a) PREPARATION OF MANAGEMENT PLAN.—Not 

18 later than 2 years after the date that Federal funds are 

19 made available for this purpose, the Association shall sub20 mit to the Secretary for approval a proposed management 

21 plan that shall— 

22 ‘‘(1) take into consideration State and local 

23 plans and involve residents, local governments and 

24 public agencies, and private organizations in the cor25 ridor; 
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1 ‘‘(2) present comprehensive recommendations 

2 for the corridor’s conservation, funding, manage3 ment, and development; 

4 ‘‘(3) include actions proposed to be undertaken 

5 by units of government and nongovernmental and 

6 private organizations to protect the resources of the 

7 corridor; 

8 ‘‘(4) specify the existing and potential sources 

9 of funding to protect, manage, and develop the cor10 ridor; and 

11 ‘‘(5) include the following: 

12 ‘‘(A) Identification of the geographic 

13 boundaries of the corridor. 

14 ‘‘(B) A brief description and map of the 

15 corridor’s overall concept or vision that show 

16 key sites, visitor facilities and attractions, and 

17 physical linkages. 

18 ‘‘(C) Identification of overall goals and the 

19 strategies and tasks intended to reach them, 

20 and a realistic schedule for completing the 

21 tasks. 

22 ‘‘(D) A listing of the key resources and 

23 themes of the corridor. 

24 ‘‘(E) Identification of parties proposed to 

25 be responsible for carrying out the tasks. 
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1 ‘‘(F) A financial plan and other informa2 tion on costs and sources of funds. 

3 ‘‘(G) A description of the public participa4 tion process used in developing the plan and a 

5 proposal for public participation in the imple6 mentation of the management plan. 

7 ‘‘(H) A mechanism and schedule for up8 dating the plan based on actual progress. 

9 ‘‘(I) A bibliography of documents used to 

10 develop the management plan. 

11 ‘‘(J) A discussion of any other relevant 

12 issues relating to the management plan. 

13 ‘‘(b) DISQUALIFICATION FROM FUNDING.—If a pro14 posed management plan is not submitted to the Secretary 

15 within 2 years after the date that Federal funds are made 

16 available for this purpose, the Association shall be ineli17 gible to receive additional funds under this title until the 

18 Secretary receives a proposed management plan from the 

19 Association. 

20 ‘‘(c) APPROVAL OF MANAGEMENT PLAN.—The Sec21 retary shall approve or disapprove a proposed manage22 ment plan submitted under this title not later than 180 

23 days after receiving such proposed management plan. If 

24 action is not taken by the Secretary within the time period 

25 specified in the preceding sentence, the management plan 
26 

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1 shall be deemed approved. The Secretary shall consult 

2 with the local entities representing the diverse interests 

3 of the corridor including governments, natural and historic 

4 resource protection organizations, educational institutions, 

5 businesses, recreational organizations, community resi6 dents, and private property owners prior to approving the 

7 management plan. The Association shall conduct semi-an8 nual public meetings, workshops, and hearings to provide 

9 adequate opportunity for the public and local and govern10 mental entities to review and to aid in the preparation and 

11 implementation of the management plan. 

12 ‘‘(d) EFFECT OF APPROVAL.—Upon the approval of 

13 the management plan as provided in subsection (c), the 

14 management plan shall supersede the conceptual plan con15 tained in the National Park Service report. 

16 ‘‘(e) ACTION FOLLOWING DISAPPROVAL.—If the Sec17 retary disapproves a proposed management plan within 

18 the time period specified in subsection (c), the Secretary 

19 shall advise the Association in writing of the reasons for 

20 the disapproval and shall make recommendations for revi21 sions to the proposed management plan. 

22 ‘‘(f) APPROVAL OF AMENDMENTS.—The Secretary 

23 shall review and approve all substantial amendments (in24 cluding any increase of more than 20 percent in the cost 

25 estimates for implementation) to the management plan. 
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1 Funds made available under this title may not be ex2 pended to implement any changes made by a substantial 

3 amendment until the Secretary approves that substantial 

4 amendment. 

5 ‘‘SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; 

6 OTHER FEDERAL AGENCIES. 

7 ‘‘(a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

8 Upon the request of the Association, the Secretary may 

9 provide technical assistance, on a reimbursable or non10 reimbursable basis, and financial assistance to the Asso11 ciation to develop and implement the management plan. 

12 The Secretary is authorized to enter into cooperative 

13 agreements with the Association and other public or pri14 vate entities for this purpose. In assisting the Association, 

15 the Secretary shall give priority to actions that in general 

16 assist in— 

17 ‘‘(1) conserving the significant natural, historic, 

18 cultural, and scenic resources of the corridor; and 

19 ‘‘(2) providing educational, interpretive, and 

20 recreational opportunities consistent with the pur21 poses of the corridor. 

22 ‘‘(b) DUTIES OF OTHER FEDERAL AGENCIES.—Any 

23 Federal agency conducting or supporting activities directly 

24 affecting the corridor shall— 
28 

•S 2836 IS 

1 ‘‘(1) consult with the Secretary and the Asso2 ciation with respect to such activities; 

3 ‘‘(2) cooperate with the Secretary and the Asso4 ciation in carrying out their duties under this title; 

5 ‘‘(3) to the maximum extent practicable, coordi6 nate such activities with the carrying out of such du7 ties; and 

8 ‘‘(4) to the maximum extent practicable, con9 duct or support such activities in a manner which 

10 the Association determines is not likely to have an 

11 adverse effect on the corridor. 

12 ‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘(a) IN GENERAL.—To carry out this title there is 

14 authorized to be appropriated $10,000,000, except that 

15 not more than $1,000,000 may be appropriated to carry 

16 out this title for any fiscal year. 

17 ‘‘(b) 50 PERCENT MATCH.—The Federal share of the 

18 cost of activities carried out using any assistance or grant 

19 under this title shall not exceed 50 percent of that cost. 

20 ‘‘SEC. 126. SUNSET. 

21 ‘‘The authority of the Secretary to provide assistance 

22 under this title terminates on September 30, 2027.’’. 

23 SEC. 503. PRIVATE PROPERTY PROTECTION. 

24 The Illinois and Michigan Canal National Heritage 

25 Corridor Act of 1984 is further amended by adding after 
29 

•S 2836 IS 

1 section 126 (as added by section 502 of this title) the fol2 lowing new sections: 

3 ‘‘SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE 

4 PROPERTY. 

5 ‘‘(a) NOTIFICATION AND CONSENT OF PROPERTY

6 OWNERS REQUIRED.—No privately owned property shall 

7 be preserved, conserved, or promoted by the management 

8 plan for the corridor until the owner of that private prop9 erty has been notified in writing by the Association and 

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

12 ‘‘(b) LANDOWNER WITHDRAW.—Any owner of pri13 vate property included within the boundary of the corridor, 

14 and not notified under subsection (a), shall have their 

15 property immediately removed from the boundary of the 

16 corridor by submitting a written request to the Associa17 tion. 

18 ‘‘SEC. 128. PRIVATE PROPERTY PROTECTION. 

19 ‘‘(a) ACCESS TO PRIVATE PROPERTY.—Nothing in 

20 this title shall be construed to— 

21 ‘‘(1) require any private property owner to 

22 allow public access (including Federal, State, or local 

23 government access) to such private property; or 
30 

•S 2836 IS 

1 ‘‘(2) modify any provision of Federal, State, or 

2 local law with regard to public access to or use of 

3 private property. 

4 ‘‘(b) LIABILITY.—Designation of the corridor shall 

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

6 effect on any liability under any other law, of any private 

7 property owner with respect to any persons injured on 

8 such private property. 

9 ‘‘(c) RECOGNITION OF AUTHORITY TO CONTROL

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

11 modify the authority of Federal, State, or local govern12 ments to regulate land use. 

13 ‘‘(d) PARTICIPATION OF PRIVATE PROPERTY OWN14 ERS IN CORRIDOR.—Nothing in this title shall be con15 strued to require the owner of any private property located 

16 within the boundaries of the corridor to participate in or 

17 be associated with the corridor. 

18 ‘‘(e) EFFECT OF ESTABLISHMENT.—The boundaries 

19 designated for the corridor represent the area within 

20 which Federal funds appropriated for the purpose of this 

21 title may be expended. The establishment of the corridor 

22 and its boundaries shall not be construed to provide any 

23 nonexisting regulatory authority on land use within the 

24 corridor or its viewshed by the Secretary, the National 

25 Park Service, or the Association.’’. 
31 

•S 2836 IS 

1 SEC. 504. TECHNICAL AMENDMENTS. 

2 Section 116 of Illinois and Michigan Canal National 

3 Heritage Corridor Act of 1984 is amended— 

4 (1) by striking subsection (b); and 

5 (2) in subsection (a)— 

6 (A) by striking ‘‘(a)’’ and all that follows 

7 through ‘‘For each’’ and inserting ‘‘(a) For 

8 each’’; 

9 (B) by striking ‘‘Commission’’ and insert10 ing ‘‘Association’’; 

11 (C) by striking ‘‘Commission’s’’ and insert12 ing ‘‘Association’s’’; 

13 (D) by redesignating paragraph (2) as sub14 section (b); and 

15 (E) by redesignating subparagraphs (A) 

16 and (B) as paragraphs (1) and (2), respectively. 

17 TITLE VI—OIL REGION 

18 NATIONAL HERITAGE AREA 

19 SEC. 601. SHORT TITLE; DEFINITIONS. 

20 (a) SHORT TITLE.—This title may be cited as the 

21 ‘‘Oil Region National Heritage Area Act’’. 

22 (b) DEFINITIONS.—For the purposes of this title, the 

23 following definitions shall apply: 

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

25 Area’’ means the Oil Region National Heritage Area 

26 established in section 603(a). 
32 

•S 2836 IS 

1 (2) MANAGEMENT ENTITY.—The term ‘‘man2 agement entity’’ means the Oil Heritage Region, 

3 Inc., or its successor entity. 

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

5 the Secretary of the Interior. 

6 SEC. 602. FINDINGS AND PURPOSE. 

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

8 (1) The Oil Region of Northwestern Pennsyl9 vania, with numerous sites and districts listed on the 

10 National Register of Historic Places, and designated 

11 by the Governor of Pennsylvania as one of the State 

12 Heritage Park Areas, is a region with tremendous 

13 physical and natural resources and possesses a story 

14 of State, national, and international significance. 

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

16 drilling of the world’s first successful oil well in 

17 1859 has affected the industrial, natural, social, and 

18 political structures of the modern world. 

19 (3) Six national historic districts are located 

20 within the State Heritage Park boundary, in 

21 Emlenton, Franklin, Oil City, and Titusville, as well 

22 as 17 separate National Register sites. 

23 (4) The Allegheny River, which was designated 

24 as a component of the national wild and scenic riv25 ers system in 1992 by Public Law 102–271, tra-
33 

•S 2836 IS 

1 verses the Oil Region and connects several of its 

2 major sites, as do some of the river’s tributaries 

3 such as Oil Creek, French Creek, and Sandy Creek. 

4 (5) The unspoiled rural character of the Oil Re5 gion provides many natural and recreational re6 sources, scenic vistas, and excellent water quality for 

7 people throughout the United States to enjoy. 

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

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

10 past for visitors, as do the historic valley settle11 ments, riverbed settlements, plateau developments, 

12 farmlands, and industrial landscapes. 

13 (7) The Oil Region also represents a cross sec14 tion of American history associated with Native 

15 Americans, frontier settlements, the French and In16 dian War, African Americans and the Underground 

17 Railroad, and immigration of Swedish and Polish in18 dividuals, among others. 

19 (8) Involvement by the Federal Government 

20 shall serve to enhance the efforts of the Common21 wealth of Pennsylvania, local subdivisions of the 

22 Commonwealth of Pennsylvania, volunteer organiza23 tions, and private businesses, to promote the cul24 tural, national, and recreational resources of the re25 gion in order to fulfill their full potential. 
34 

•S 2836 IS 

1 (b) PURPOSE.—The purpose of this title is to en2 hance a cooperative management framework to assist the 

3 Commonwealth of Pennsylvania, its units of local govern4 ment, and area citizens in conserving, enhancing, and in5 terpreting the significant features of the lands, water, and 

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

7 compatible economic development for the benefit and in8 spiration of present and future generations in the Com9 monwealth of Pennsylvania and the United States. 

10 SEC. 603. OIL REGION NATIONAL HERITAGE AREA. 

11 (a) ESTABLISHMENT.—There is hereby established 

12 the Oil Region National Heritage Area. 

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

14 Area shall include all of those lands depicted on a map 

15 entitled ‘‘Oil Region National Heritage Area’’, numbered 

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

17 on file in the appropriate offices of the National Park 

18 Service. The Secretary of the Interior shall publish in the 

19 Federal Register, as soon as practical after the date of 

20 the enactment of this Act, a detailed description and map 

21 of the boundaries established under this subsection. 

22 (c) MANAGEMENT ENTITY.—The management entity 

23 for the Heritage Area shall be the Oil Heritage Region, 

24 Inc., the locally based private, nonprofit management cor-
35 

•S 2836 IS 

1 poration which shall oversee the development of a manage2 ment plan in accordance with section 605(b). 

3 SEC. 604. COMPACT. 

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

5 shall enter into a compact with the management entity. 

6 The compact shall include information relating to the ob7 jectives and management of the area, including a discus8 sion of the goals and objectives of the Heritage Area, in9 cluding an explanation of the proposed approach to con10 servation and interpretation and a general outline of the 

11 protection measures committed to by the Secretary and 

12 management entity. 

13 SEC. 605. AUTHORITIES AND DUTIES OF MANAGEMENT EN14 TITY. 

15 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.— 

16 The management entity may use funds made available 

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

18 implementing the management plan developed under sub19 section (b). Such purposes may include— 

20 (1) making grants to, and entering into cooper21 ative agreements with, States and their political sub22 divisions, private organizations, or any other person; 

23 (2) hiring and compensating staff; and 

24 (3) undertaking initiatives that advance the 

25 purposes of the Heritage Area. 
36 

•S 2836 IS 

1 (b) MANAGEMENT PLAN.—The management entity 

2 shall develop a management plan for the Heritage Area 

3 that— 

4 (1) presents comprehensive strategies and rec5 ommendations for conservation, funding, manage6 ment, and development of the Heritage Area; 

7 (2) takes into consideration existing State, 

8 county, and local plans and involves residents, public 

9 agencies, and private organizations working in the 

10 Heritage Area; 

11 (3) includes a description of actions that units 

12 of government and private organizations have agreed 

13 to take to protect the resources of the Heritage 

14 Area; 

15 (4) specifies the existing and potential sources 

16 of funding to protect, manage, and develop the Her17 itage Area; 

18 (5) includes an inventory of the resources con19 tained in the Heritage Area, including a list of any 

20 property in the Heritage Area that is related to the 

21 themes of the Heritage Area and that should be pre22 served, restored, managed, developed, or maintained 

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

24 or scenic significance; 
37 

•S 2836 IS 

1 (6) describes a program for implementation of 

2 the management plan by the management entity, in3 cluding plans for restoration and construction, and 

4 specific commitments for that implementation that 

5 have been made by the management entity and any 

6 other persons for the first 5 years of implementa7 tion; 

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

9 Heritage Area proposed by the management entity 

10 and requested by the affected local government; and 

11 (8) includes an interpretation plan for the Her12 itage Area. 

13 (c) DEADLINE; TERMINATION OF FUNDING.— 

14 (1) DEADLINE.—The management entity shall 

15 submit the management plan to the Secretary within 

16 2 years after the funds are made available for this 

17 title. 

18 (2) TERMINATION OF FUNDING.—If a manage19 ment plan is not submitted to the Secretary in ac20 cordance with this subsection, the management enti21 ty shall not qualify for Federal assistance under this 

22 title. 

23 (d) DUTIES OF MANAGEMENT ENTITY.—The man24 agement entity shall— 
38 

•S 2836 IS 

1 (1) give priority to implementing actions set 

2 forth in the compact and management plan; 

3 (2) assist units of government, regional plan4 ning organizations, and nonprofit organizations in— 

5 (A) establishing and maintaining interpre6 tive exhibits in the Heritage Area; 

7 (B) developing recreational resources in 

8 the Heritage Area; 

9 (C) increasing public awareness of and ap10 preciation for the natural, historical, and archi11 tectural resources and sites in the Heritage 

12 Area; 

13 (D) the restoration of any historic building 

14 relating to the themes of the Heritage Area; 

15 (E) ensuring that clear signs identifying 

16 access points and sites of interest are put in 

17 place throughout the Heritage Area; and 

18 (F) carrying out other actions that the 

19 management entity determines to be advisable 

20 to fulfill the purposes of this title; 

21 (3) encourage by appropriate means economic 

22 viability in the Heritage Area consistent with the 

23 goals of the management plan; 
39 

•S 2836 IS 

1 (4) consider the interests of diverse govern2 mental, business, and nonprofit groups within the 

3 Heritage 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 

13 grant was made by the management entity in 

14 the year 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) PROHIBITION ON THE ACQUISITION OF REAL

23 PROPERTY.—The management entity may not use Fed24 eral funds received under this title to acquire real property 

25 or an interest in real property. 
40 

•S 2836 IS 

1 SEC. 606. DUTIES AND AUTHORITIES OF THE SECRETARY. 

2 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

3 (1) IN GENERAL.— 

4 (A) OVERALL ASSISTANCE.—The Secretary 

5 may, upon the request of the management enti6 ty, and subject to the availability of appropria7 tions, provide technical and financial assistance 

8 to the management entity to carry out its du9 ties under this title, including updating and im10 plementing a management plan that is sub11 mitted under section 605(b) and approved by 

12 the Secretary and, prior to such approval, pro13 viding assistance for initiatives. 

14 (B) OTHER ASSISTANCE.—If the Secretary 

15 has the resources available to provide technical 

16 assistance to the management entity to carry 

17 out its duties under this title (including updat18 ing and implementing a management plan that 

19 is submitted under section 605(b) and approved 

20 by the Secretary and, prior to such approval, 

21 providing assistance for initiatives), upon the 

22 request 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). 
41 

•S 2836 IS 

1 (2) PRIORITY.—In assisting the management 

2 entity, the Secretary shall give priority to actions 

3 that 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 

9 resources 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 

24 Secretary, acting through the Historic American 

25 Building Survey and the Historic American Engi-
42 

•S 2836 IS 

1 neering Record, shall conduct studies necessary to 

2 document the industrial, engineering, building, and 

3 architectural 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 

8 days after receiving such plan. In approving the plan, the 

9 Secretary shall take into consideration the following cri10 teria: 

11 (1) The extent to which the management plan 

12 adequately preserves and protects the natural, cul13 tural, and historical resources of the Heritage Area. 

14 (2) The level of public participation in the de15 velopment of the management plan. 

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

17 of the management entity is representative of the 

18 local government and a wide range of interested or19 ganizations and citizens. 

20 (c) ACTION FOLLOWING DISAPPROVAL.—If the Sec21 retary disapproves a management plan, the Secretary shall 

22 advise the management entity in writing of the reasons 

23 for the disapproval and shall make recommendations for 

24 revisions in the management plan. The Secretary shall ap-
43 

•S 2836 IS 

1 prove or disapprove a proposed revision within 90 days 

2 after the date it is submitted. 

3 (d) APPROVING CHANGES.—The Secretary shall re4 view and approve amendments to the management plan 

5 under section 605(b) that make substantial changes. 

6 Funds appropriated under this title may not be expended 

7 to implement such changes until the Secretary approves 

8 the amendments. 

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

10 approve or disapprove a management plan, revision, or 

11 change within 90 days after it is submitted to the Sec12 retary, then such management plan, revision, or change 

13 shall be deemed to have been approved by the Secretary. 

14 SEC. 607. DUTIES OF OTHER FEDERAL ENTITIES. 

15 Any Federal entity conducting or supporting activi16 ties directly affecting the Heritage Area shall— 

17 (1) consult with the Secretary and the manage18 ment entity with respect to such activities; 

19 (2) cooperate with the Secretary and the man20 agement entity in carrying out their duties under 

21 this title and, to the maximum extent practicable, 

22 coordinate such activities with the carrying out of 

23 such duties; and 

24 (3) to the maximum extent practicable, conduct 

25 or support such activities in a manner that the man-
44 

•S 2836 IS 

1 agement entity determines shall not have an adverse 

2 effect on the Heritage Area. 

3 SEC. 608. SUNSET. 

4 The Secretary may not make any grant or provide 

5 any assistance under this title after the expiration of the 

6 15-year period beginning on the date that funds are first 

7 made available for this title. 

8 SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE 

9 PROPERTY. 

10 (a) NOTIFICATION AND CONSENT OF PROPERTY

11 OWNERS REQUIRED.—No privately owned property shall 

12 be preserved, conserved, or promoted by the management 

13 plan for the Heritage Area until the owner of that private 

14 property has been notified in writing by the management 

15 entity and has given written consent for such preservation, 

16 conservation, or promotion to the management entity. 

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

18 property included within the boundary of the Heritage 

19 Area shall have their property immediately removed from 

20 the boundary by submitting a written request to the man21 agement entity. 

22 SEC. 610. PRIVATE PROPERTY PROTECTION. 

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

24 this title shall be construed to— 
45 

•S 2836 IS 

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 

6 private 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 

15 regulate land use. 

16 (d) PARTICIPATION OF 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 
46 

•S 2836 IS 

1 any nonexisting regulatory authority on land use within 

2 the Heritage Area or its viewshed by the Secretary, the 

3 National Park Service, or the management entity. 

4 SEC. 611. USE OF FEDERAL FUNDS FROM OTHER SOURCES. 

5 Nothing in this title shall preclude the management 

6 entity from using Federal funds available under Acts other 

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

8 authorized. 

9 SEC. 612. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) IN GENERAL.—There are authorized to be appro11 priated to carry out this title— 

12 (1) not more than $1,000,000 for any fiscal 

13 year; and 

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

15 (b) 50 PERCENT MATCH.—Financial assistance pro16 vided under this title may not be used to pay more than 

17 50 percent of the total cost of any activity carried out with 

18 that assistance. 

19 TITLE VII—CROSSROADS OF THE 

20 AMERICAN REVOLUTION NA21 TIONAL HERITAGE AREA 

22 SEC. 701. SHORT TITLE. 

23 This title may be cited as the ‘‘Crossroads of the 

24 American Revolution National Heritage Area Act of 

25 2004’’. 
47 

•S 2836 IS 

1 SEC. 702. DEFINITIONS. 

2 In this title: 

3 (1) ASSOCIATION.—The term ‘‘Association’’ 

4 means the Crossroads of the American Revolution 

5 Association, Inc., a nonprofit corporation in the 

6 State. 

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

8 Area’’ means the Crossroads of the American Revo9 lution National Heritage Area established by section 

10 703(a). 

11 (3) MANAGEMENT ENTITY.—The term ‘‘man12 agement entity’’ means the management entity for 

13 the Heritage Area designated by section 703(d). 

14 (4) MANAGEMENT PLAN.—The term ‘‘manage15 ment plan’’ means the management plan for the 

16 Heritage Area developed under section 704. 

17 (5) MAP.—The term ‘‘map’’ means the map en18 titled ‘‘Crossroads of the American Revolution Na19 tional Heritage Area’’, numbered CRRE\80,000, and 

20 dated April 2002. 

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

22 the Secretary of the Interior. 

23 (7) STATE.—The term ‘‘State’’ means the State 

24 of New Jersey. 
48 

•S 2836 IS 

1 SEC. 703. CROSSROADS OF THE AMERICAN REVOLUTION 

2 NATIONAL HERITAGE AREA. 

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

4 State the Crossroads of the American Revolution National 

5 Heritage Area. 

6 (b) BOUNDARIES.—The Heritage Area shall consist 

7 of the land and water within the boundaries of the Herit8 age Area, as depicted on the map. 

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

10 and available for public inspection in the appropriate of11 fices of the National Park Service. 

12 (d) MANAGEMENT ENTITY.—The Association shall 

13 be the management entity for the Heritage Area. 

14 SEC. 704. MANAGEMENT PLAN. 

15 (a) IN GENERAL.—Not later than 3 years after the 

16 date on which funds are first made available to carry out 

17 this title, the management entity shall submit to the Sec18 retary for approval a management plan for the Heritage 

19 Area. 

20 (b) REQUIREMENTS.—The management plan shall— 

21 (1) include comprehensive policies, strategies, 

22 and recommendations for conservation, funding, 

23 management, and development of the Heritage Area; 

24 (2) take into consideration existing State, coun25 ty, and local plans; 
49 

•S 2836 IS 

1 (3) describe actions that units of local govern2 ment, private organizations, and individuals have 

3 agreed to take to protect the cultural, historic, and 

4 natural resources of the Heritage Area; 

5 (4) identify existing and potential sources of 

6 funding for the protection, management, and devel7 opment of the Heritage Area during the first 5 years 

8 of implementation of the management plan; and 

9 (5) include— 

10 (A) an inventory of the cultural, edu11 cational, historic, natural, recreational, and sce12 nic resources of the Heritage Area relating to 

13 the themes of the Heritage Area that should be 

14 restored, managed, or developed; 

15 (B) recommendations of policies and strat16 egies for resource management that result in— 

17 (i) application of appropriate land and 

18 water management techniques; and 

19 (ii) development of intergovernmental 

20 and interagency cooperative agreements to 

21 protect the cultural, educational, historic, 

22 natural, recreational, and scenic resources 

23 of the Heritage Area; 
50 

•S 2836 IS 

1 (C) a program of implementation of the 

2 management plan that includes for the first 5 

3 years of implementation— 

4 (i) plans for resource protection, res5 toration, construction; and 

6 (ii) specific commitments for imple7 mentation that have been made by the 

8 management entity or any government, or9 ganization, or individual; 

10 (D) an analysis of and recommendations 

11 for ways in which Federal, State, and local pro12 grams, including programs of the National 

13 Park Service, may be best coordinated to pro14 mote the purposes of this title; and 

15 (E) an interpretive plan for the Heritage 

16 Area. 

17 (c) APPROVAL OR DISAPPROVAL OF MANAGEMENT

18 PLAN.— 

19 (1) IN GENERAL.—Not later than 90 days after 

20 the date of receipt of the management plan under 

21 subsection (a), the Secretary shall approve or dis22 approve the management plan. 

23 (2) CRITERIA.—In determining whether to ap24 prove the management plan, the Secretary shall con25 sider whether— 
51 

•S 2836 IS 

1 (A) the Board of Directors of the manage2 ment entity is representative of the diverse in3 terests of the Heritage Area, including— 

4 (i) governments; 

5 (ii) natural and historic resource pro6 tection organizations; 

7 (iii) educational institutions; 

8 (iv) businesses; and 

9 (v) recreational organizations; 

10 (B) the management entity provided ade11 quate opportunity for public and governmental 

12 involvement in the preparation of the manage13 ment plan, including public hearings; 

14 (C) the resource protection and interpreta15 tion strategies in the management plan would 

16 adequately protect the cultural, historic, and 

17 natural resources of the Heritage Area; and 

18 (D) the Secretary has received adequate 

19 assurances from the appropriate State and local 

20 officials whose support is needed to ensure the 

21 effective implementation of the State and local 

22 aspects of the management plan. 

23 (3) ACTION FOLLOWING DISAPPROVAL.—If the 

24 Secretary disapproves the management plan under 

25 paragraph (1), the Secretary shall— 
52 

•S 2836 IS 

1 (A) advise the management entity in writ2 ing of the reasons for the disapproval; 

3 (B) make recommendations for revisions to 

4 the management plan; and 

5 (C) not later than 60 days after the receipt 

6 of any proposed revision of the management 

7 plan from the management entity, approve or 

8 disapprove the proposed revision. 

9 (d) AMENDMENTS.— 

10 (1) IN GENERAL.—The Secretary shall approve 

11 or disapprove each amendment to the management 

12 plan that the Secretary determines may make a sub13 stantial change to the management plan. 

14 (2) USE OF FUNDS.—Funds made available 

15 under this title shall not be expended by the man16 agement entity to implement an amendment de17 scribed in paragraph (1) until the Secretary ap18 proves the amendment. 

19 (e) IMPLEMENTATION.—On completion of the 3-year 

20 period described in subsection (a), any funding made 

21 available under this title shall be made available to the 

22 management entity only for implementation of the ap23 proved management plan. 
53 

•S 2836 IS 

1 SEC. 705. AUTHORITIES, DUTIES, AND PROHIBITIONS AP2 PLICABLE TO THE MANAGEMENT ENTITY. 

3 (a) AUTHORITIES.—For purposes of preparing and 

4 implementing the management plan, the management en5 tity may use funds made available under this title to— 

6 (1) make grants to, provide technical assistance 

7 to, and enter into cooperative agreements with, the 

8 State (including a political subdivision), a nonprofit 

9 organization, or any other person; 

10 (2) hire and compensate staff, including individ11 uals with expertise in— 

12 (A) cultural, historic, or natural resource 

13 protection; or 

14 (B) heritage programming; 

15 (3) obtain funds or services from any source 

16 (including a Federal law or program); 

17 (4) contract for goods or services; and 

18 (5) support any other activity— 

19 (A) that furthers the purposes of the Her20 itage Area; and 

21 (B) that is consistent with the manage22 ment plan. 

23 (b) DUTIES.—In addition to developing the manage24 ment plan, the management entity shall— 

25 (1) assist units of local government, regional 

26 planning organizations, and nonprofit organizations 
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1 in implementing the approved management plan 

2 by— 

3 (A) carrying out programs and projects 

4 that recognize, protect, and enhance important 

5 resource values in the Heritage Area; 

6 (B) establishing and maintaining interpre7 tive exhibits and programs in the Heritage 

8 Area; 

9 (C) developing recreational and educational 

10 opportunities in the Heritage Area; 

11 (D) increasing public awareness of and ap12 preciation for cultural, historic, and natural re13 sources of the Heritage Area; 

14 (E) protecting and restoring historic sites 

15 and buildings that are— 

16 (i) located in the Heritage Area; and 

17 (ii) related to the themes of the Herit18 age Area; 

19 (F) ensuring that clear, consistent, and ap20 propriate signs identifying points of public ac21 cess and sites of interest are installed through22 out the Heritage Area; and 

23 (G) promoting a wide range of partner24 ships among governments, organizations, and 
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1 individuals to further the purposes of the Herit2 age Area; 

3 (2) in preparing and implementing the manage4 ment plan, consider the interests of diverse units of 

5 government, businesses, organizations, and individ6 uals in the Heritage Area; 

7 (3) conduct public meetings at least semiannu8 ally regarding the development and implementation 

9 of the management plan; 

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

11 are received under this title— 

12 (A) submit to the Secretary a report that 

13 describes for the year— 

14 (i) the accomplishments of the man15 agement entity; 

16 (ii) the expenses and income of the 

17 management entity; and 

18 (iii) each entity to which a grant was 

19 made; 

20 (B) make available for audit all informa21 tion relating to the expenditure of the funds 

22 and any matching funds; and 

23 (C) require, for all agreements authorizing 

24 expenditures of Federal funds by any entity, 

25 that the receiving entity make available for 
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1 audit all records and other information relating 

2 to the expenditure of the funds; 

3 (5) encourage, by appropriate means, economic 

4 viability that is consistent with the purposes of the 

5 Heritage Area; and 

6 (6) maintain headquarters for the management 

7 entity at Morristown National Historical Park and 

8 in Mercer County. 

9 (c) PROHIBITION ON THE ACQUISITION OF REAL

10 PROPERTY.— 

11 (1) FEDERAL FUNDS.—The management entity 

12 shall not use Federal funds made available under 

13 this title to acquire real property or any interest in 

14 real property. 

15 (2) OTHER FUNDS.—Notwithstanding para16 graph (1), the management entity may acquire real 

17 property or an interest in real property using any 

18 other source of funding, including other Federal 

19 funding. 

20 SEC. 706. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

21 FEDERAL AGENCIES. 

22 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

23 (1) IN GENERAL.—On the request of the man24 agement entity, the Secretary may provide technical 

25 and financial assistance to the Heritage Area for the 
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1 development and implementation of the management 

2 plan. 

3 (2) PRIORITY FOR ASSISTANCE.—In providing 

4 assistance under paragraph (1), the Secretary shall 

5 give priority to actions that assist in— 

6 (A) conserving the significant cultural, his7 toric, natural, and scenic resources of the Her8 itage Area; and 

9 (B) providing educational, interpretive, and 

10 recreational opportunities consistent with the 

11 purposes of the Heritage Area. 

12 (3) OPERATIONAL ASSISTANCE.—Subject to the 

13 availability of appropriations, the Superintendent of 

14 Morristown National Historical Park may, on re15 quest, provide to public and private organizations in 

16 the Heritage Area, including the management entity, 

17 any operational assistance that is appropriate for the 

18 purpose of supporting the implementation of the 

19 management plan. 

20 (4) PRESERVATION OF HISTORIC PROP21 ERTIES.—To carry out the purposes of this title, the 

22 Secretary may provide assistance to a State or local 

23 government or nonprofit organization to provide for 

24 the appropriate treatment of— 

25 (A) historic objects; or 
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1 (B) structures that are listed or eligible for 

2 listing on the National Register of Historic 

3 Places. 

4 (5) COOPERATIVE AGREEMENTS.—The Sec5 retary may enter into cooperative agreements with 

6 the management entity and other public or private 

7 entities to carry out this subsection. 

8 (b) OTHER FEDERAL AGENCIES.—Any Federal 

9 agency conducting or supporting an activity that directly 

10 affects the Heritage Area shall— 

11 (1) consult with the Secretary and the manage12 ment entity regarding the activity; 

13 (2)(A) cooperate with the Secretary and the 

14 management entity in carrying out the duties of the 

15 Federal agency under this title; and 

16 (B) to the maximum extent practicable, coordi17 nate the activity with the carrying out of those du18 ties; and 

19 (3) to the maximum extent practicable, conduct 

20 the activity to avoid adverse effects on the Heritage 

21 Area. 

22 SEC. 707. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) IN GENERAL.—There is authorized to be appro24 priated to carry out this title $10,000,000, of which not 
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1 more than $1,000,000 may be authorized to be appro2 priated for any fiscal year. 

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

4 share of the cost of any activity assisted under this title 

5 shall be not more than 50 percent. 

6 SEC. 708. TERMINATION OF AUTHORITY. 

7 The authority of the Secretary to provide assistance 

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

9 after the date of enactment of this Act. 

10 TITLE VIII—WESTERN RESERVE 

11 HERITAGE AREAS STUDY 

12 SEC. 801. SHORT TITLE. 

13 This title may be cited as the ‘‘Western Reserve Her14 itage Areas Study Act’’. 

15 SEC. 802. NATIONAL PARK SERVICE STUDY REGARDING 

16 THE WESTERN RESERVE, OHIO. 

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

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

19 counties of Trumbull, Mahoning, Ashtabula, Por20 tage, Geagua, Lake, Cuyahoga, Summit, Medina, 

21 Huron, Lorain, Erie, Ottawa, and Ashland in Ohio 

22 with the rich history in what was once the Western 

23 Reserve, has made a unique contribution to the cul24 tural, political and industrial development of the 

25 United States. 
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1 (2) The Western Reserve is distinctive as the 

2 land settled by the people of Connecticut after the 

3 Revolutionary War. The Western Reserve holds a 

4 unique mark as the original wilderness land of the 

5 West that many settlers migrated to in order to 

6 begin life outside of the original 13 colonies. 

7 (3) The Western Reserve played a significant 

8 role in providing land to the people of Connecticut 

9 whose property and land was destroyed during the 

10 Revolution. These settlers were descendants of the 

11 brave immigrants who came to the Americas in the 

12 17th century. 

13 (4) The Western Reserve offered a new destina14 tion for those who moved west in search of land and 

15 prosperity. The agricultural and industrial base that 

16 began in the Western Reserve still lives strong in 

17 these prosperous and historical counties. 

18 (5) The heritage of the Western Reserve re19 mains transfixed in the counties of Trumbull, 

20 Mahoning, Ashtabula, Portage, Geagua, Lake, Cuya21 hoga, Summit, Medina, Huron, Lorain, Erie, Ot22 tawa, and Ashland in Ohio. The people of these 

23 counties are proud of their heritage as shown 

24 through the unwavering attempts to preserve agri25 cultural land and the industrial foundation that has 
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1 been embedded in this region since the establishment 

2 of the Western Reserve. Throughout these counties, 

3 historical sites, and markers preserve the unique tra4 ditions and customs of its original heritage. 

5 (6) The counties that encompass the Western 

6 Reserve continue to maintain a strong connection to 

7 its historic past as seen through its preservation of 

8 its local heritage, including historic homes, buildings, 

9 and centers of public gatherings. 

10 (7) There is a need for assistance for the pres11 ervation and promotion of the significance of the 

12 Western Reserve as the natural, historic and cul13 tural heritage of the counties of Trumbull, 

14 Mahoning, Ashtabula, Portage, Geagua, Lake, Cuya15 hoga, Summit, Medina, Huron, Lorain, Erie, Ottawa 

16 and Ashland in Ohio. 

17 (8) The Department of the Interior is respon18 sible for protecting the Nation’s cultural and histor19 ical resources. There are significant examples of 

20 such resources within these counties and what was 

21 once the Western Reserve to merit the involvement 

22 of the Federal Government in the development of 

23 programs and projects, in cooperation with the State 

24 of Ohio and other local governmental entities, to 

25 adequately conserve, protect, and interpret this her-
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1 itage for future generations, while providing oppor2 tunities for education and revitalization. 

3 (b) STUDY.— 

4 (1) IN GENERAL.—The Secretary shall, in con5 sultation with the State of Ohio, the counties of 

6 Trumbull, Mahoning, Ashtabula, Portage, Geagua, 

7 Lake, Cuyahoga, Summit, Medina, Huron, Lorain, 

8 Erie, Ottawa, and Ashland, and other appropriate 

9 organizations, carry out a study regarding the suit10 ability and feasibility of establishing the Western 

11 Reserve Heritage Area in these counties in Ohio. 

12 (2) CONTENTS.—The study shall include anal13 ysis and documentation regarding whether the Study 

14 Area— 

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

16 and cultural resources that together represent 

17 distinctive aspects of American heritage worthy 

18 of recognition, conservation, interpretation, and 

19 continuing use, and are best managed through 

20 partnerships among public and private entities 

21 and by combining diverse and sometimes non22 contiguous resources and active communities; 

23 (B) reflects traditions, customs, beliefs, 

24 and folklife that are a valuable part of the na25 tional story; 
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1 (C) provides outstanding opportunities to 

2 conserve natural, historic, cultural, or scenic 

3 features; 

4 (D) provides outstanding recreational and 

5 educational opportunities; 

6 (E) contains resources important to the 

7 identified theme or themes of the Study Area 

8 that retain a degree of integrity capable of sup9 porting interpretation; 

10 (F) includes residents, business interests, 

11 nonprofit organizations, and local and State 

12 governments that are involved in the planning, 

13 have developed a conceptual financial plan that 

14 outlines the roles for all participants, including 

15 the Federal Government, and have dem16 onstrated support for the concept of a national 

17 heritage area; 

18 (G) has a potential management entity to 

19 work in partnership with residents, business in20 terests, nonprofit organizations, and local and 

21 State governments to develop a national herit22 age area consistent with continued local and 

23 State economic activity; 

24 (H) has a conceptual boundary map that is 

25 supported by the public; and 
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1 (I) has potential or actual impact on pri2 vate property located within or abutting the 

3 Study Area. 

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

5 Area shall be comprised of the counties of Trumbull, 

6 Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, 

7 Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ash8 land in Ohio. 

9 TITLE IX—JOHN H. CHAFEE 

10 BLACKSTONE RIVER VALLEY 

11 NATIONAL HERITAGE COR12 RIDOR 

13 SEC. 901. UPDATE OF PLAN. 

14 Section 6 of Public Law 99–647 (16 U.S.C. 461 

15 note) is amended by adding at the end the following: 

16 ‘‘(e) UPDATE OF PLAN.—(1) Not later than 2 years 

17 after the date of enactment of this subsection, the Com18 mission shall update the plan. 

19 ‘‘(2) In updating the plan under paragraph (1), the 

20 Commission shall take into account the findings and rec21 ommendations included in the Blackstone Sustainability 

22 Study conducted by the National Park System Advisory 

23 Board. 

24 ‘‘(3) The update shall— 
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1 ‘‘(A) examine the sustainability of the Corridor 

2 and the Commission form of management for the 

3 Corridor; and 

4 ‘‘(B) include an analysis of— 

5 ‘‘(i) options for preserving, enhancing, and 

6 interpreting the resources of the Corridor; and 

7 ‘‘(ii) the partnerships that sustain those 

8 resources. 

9 ‘‘(4)(A) Except as provided in subparagraph (B), the 

10 Secretary shall approve or disapprove any changes to the 

11 plan proposed in the update in accordance with subsection 

12 (b). 

13 ‘‘(B) Minor revisions to the plan shall not be subject 

14 to the approval of the Secretary.’’. 

15 SEC. 902. EXTENSION OF COMMISSION. 

16 Section 7 of Public Law 99–647 (16 U.S.C. 461 

17 note) is amended to read as follows: 

18 ‘‘SEC. 7. TERMINATION OF COMMISSION. 

19 ‘‘The Commission shall terminate on the date that 

20 is 10 years after the date of enactment of the National 

21 Heritage Area Extension Act of 2004.’’. 

22 SEC. 903. AUTHORIZATION OF APPROPRIATIONS. 

23 Section 10 of Public Law 99–647 (16 U.S.C. 461 

24 note) is amended— 
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1 (1) in subsection (a), by striking ‘‘$650,000’’ 

2 and inserting ‘‘$1,000,000’’; and 

3 (2) by striking subsection (b) and inserting the 

4 following: 

5 ‘‘(b) DEVELOPMENT FUNDS.—There is authorized to 

6 be appropriated to carry out section 8(c) not more than 

7 $10,000,000 for the period of fiscal years 2006 through 

8 2016, to remain available until expended.’’. 

Æ