IB 

Union Calendar No. 370 

108TH CONGRESS 

2D SESSION H. R. 4492 

[Report No. 108–611] 

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

to extend the authorization for certain national heritage areas, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 2, 2004 

Mr. REGULA (for himself, Mr. LATOURETTE, Mr. BURNS, Mr. WILSON of 

South Carolina, Mr. RYAN of Ohio, Mr. GORDON, Mr. ENGEL, Mr. 

WAMP, Mrs. LOWEY, Mr. HINCHEY, Mr. TIERNEY, Ms. HART, Mr. BOSWELL, Mr. SPRATT, Mr. MEEHAN, Mr. NORWOOD, Mr. MURPHY, Mr. 

BARRETT of South Carolina, Mr. RAHALL, Mr. MCNULTY, Mr. DEMINT, 

Mr. BROWN of Ohio, Mr. CLYBURN, Mr. SWEENEY, Mr. DOYLE, Mr. 

BROWN of South Carolina, Mr. MURTHA, and Mr. NEY) introduced the 

following bill; which was referred to the Committee on Resources 

JULY 19, 2004 

Additional sponsor: Mr. LEACH

JULY 19, 2004 

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

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

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

[For text of introduced bill, see copy of bill as introduced on June 2, 2004] 

A BILL 

To amend the Omnibus Parks and Public Lands Manage-
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ment 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 TITLE I—EXTENSIONS 

4 SEC. 101. AUTHORIZATION AND APPROPRIATION EXTEN5 SIONS. 

6 Division II of the Omnibus Parks and Public Lands 

7 Management Act of 1996 (Public Law 104–333; 16 U.S.C. 

8 461 note) is amended— 

9 (1) in each of sections 107, 208, 408, 507, and 

10 811, by striking ‘‘September 30, 2012’’ and inserting 

11 ‘‘September 30, 2027’’; 

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

13 508(a), and 812(a), by striking ‘‘a total of 

14 $10,000,000’’ and inserting ‘‘a total of $20,000,000’’; 

15 and 

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

17 Heritage Corridor’’ each place it appears in the sec18 tion headings and text and inserting ‘‘National Her19 itage Canalway’’. 

20 TITLE II—NATIONAL AVIATION 

21 HERITAGE AREA 

22 SEC. 201. SHORT TITLE. 

23 This title may be cited as the ‘‘National Aviation Her24 itage Area Act’’. 
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1 SEC. 202. FINDINGS AND PURPOSE. 

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

3 (1) Few technological advances have transformed 

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

5 and national character as the development of powered 

6 flight. 

7 (2) The industrial, cultural, and natural herit8 age legacies of the aviation and aerospace industry in 

9 the State of Ohio are nationally significant. 

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

11 the development of the airplane and aerospace tech12 nology established our Nation’s leadership in both 

13 civil and military aeronautics and astronautics set 

14 the foundation for the 20th Century to be an Amer15 ican Century. 

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

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

18 part of the future of aerospace. 

19 (5) The economic strength of our Nation is con20 nected integrally to the vitality of the aviation and 

21 aerospace industry, which is responsible for an esti22 mated 11,200,000 American jobs. 

23 (6) The industrial and cultural heritage of the 

24 aviation and aerospace industry in the State of Ohio 

25 includes the social history and living cultural tradi26 tions of several generations. 
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1 (7) The Department of the Interior is responsible 

2 for protecting and interpreting the Nation’s cultural 

3 and historic resources, and there are significant ex4 amples of these resources within Ohio to merit the in5 volvement of the Federal Government to develop pro6 grams and projects in cooperation with the Aviation 

7 Heritage Foundation, Incorporated, the State of Ohio, 

8 and other local and governmental entities to ade9 quately conserve, protect, and interpret this heritage 

10 for the educational and recreational benefit of this 

11 and future generations of Americans, while providing 

12 opportunities for education and revitalization. 

13 (8) Since the enactment of the Dayton Aviation 

14 Heritage Preservation Act of 1992 (Public Law 102– 

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

16 local governments and the private sector have greatly 

17 assisted the development and preservation of the his18 toric aviation resources in the Miami Valley. 

19 (9) An aviation heritage area centered in South20 west Ohio is a suitable and feasible management op21 tion to increase collaboration, promote heritage tour22 ism, and build on the established partnerships among 

23 Ohio’s historic aviation resources and related sites. 

24 (10) A critical level of collaboration among the 

25 historic aviation resources in Southwest Ohio cannot 
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1 be achieved without a congressionally established na2 tional heritage area and the support of the National 

3 Park Service and other Federal agencies which own 

4 significant historic aviation-related sites in Ohio. 

5 (11) The Aviation Heritage Foundation, Incor6 porated, would be an appropriate management entity 

7 to oversee the development of the National Aviation 

8 Heritage Area. 

9 (12) Five National Park Service and Dayton 

10 Aviation Heritage Commission studies and planning 

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

12 Heritage’’, ‘‘Dayton Aviation Heritage National His13 torical Park Suitability/Feasibility Study’’, ‘‘Dayton 

14 Aviation Heritage General Management Plan’’, 

15 ‘‘Dayton Historic Resources Preservation and Devel16 opment Plan’’, and Heritage Area Concept Study, 

17 demonstrated that sufficient historical resources exist 

18 to establish the National Aviation Heritage Area. 

19 (13) With the advent of the 100th anniversary of 

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

21 the preservation of properties nationally significant 

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

23 future education of Americans. 

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

25 private sector interests have embraced the heritage 
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1 area concept and desire to enter into a partnership 

2 with the Federal government to preserve, protect, and 

3 develop the Heritage Area for public benefit. 

4 (15) The National Aviation Heritage Area would 

5 complement and enhance the aviation-related re6 sources within the National Park Service, especially 

7 the Dayton Aviation Heritage National Historical 

8 Park, Ohio. 

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

10 the Heritage Area to— 

11 (1) encourage and facilitate collaboration among 

12 the facilities, sites, organizations, governmental enti13 ties, and educational institutions within the Heritage 

14 Area to promote heritage tourism and to develop edu15 cational and cultural programs for the public; 

16 (2) preserve and interpret for the educational 

17 and inspirational benefit of present and future gen18 erations the unique and significant contributions to 

19 our national heritage of certain historic and cultural 

20 lands, structures, facilities, and sites within the Na21 tional Aviation Heritage Area; 

22 (3) encourage within the National Aviation Her23 itage Area a broad range of economic opportunities 

24 enhancing the quality of life for present and future 

25 generations; 
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1 (4) provide a management framework to assist 

2 the State of Ohio, its political subdivisions, other 

3 areas, and private organizations, or combinations 

4 thereof, in preparing and implementing an integrated 

5 Management Plan to conserve their aviation heritage 

6 and in developing policies and programs that will 

7 preserve, enhance, and interpret the cultural, histor8 ical, natural, recreation, and scenic resources of the 

9 Heritage Area; and 

10 (5) authorize the Secretary to provide financial 

11 and technical assistance to the State of Ohio, its po12 litical subdivisions, and private organizations, or 

13 combinations thereof, in preparing and implementing 

14 the private Management Plan. 

15 SEC. 203. DEFINITIONS. 

16 For purposes of this title: 

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

18 Board of Directors of the Foundation. 

19 (2) FINANCIAL ASSISTANCE.—The term ‘‘finan20 cial assistance’’ means funds appropriated by Con21 gress and made available to the management entity 

22 for the purpose of preparing and implementing the 

23 Management Plan. 

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

25 Area’’ means the National Aviation Heritage Area es-
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1 tablished by section 104 to receive, distribute, and ac2 count for Federal funds appropriated for the purpose 

3 of this title. 

4 (4) MANAGEMENT PLAN.—The term ‘‘Manage5 ment Plan’’ means the management plan for the Her6 itage Area developed under section 106. 

7 (5) MANAGEMENT ENTITY.—The term ‘‘manage8 ment entity’’ means the Aviation Heritage Founda9 tion, Incorporated (a nonprofit corporation estab10 lished under the laws of the State of Ohio). 

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

12 Federal, State, or local governmental entity, organi13 zation, private industry, educational institution, or 

14 individual involved in promoting the conservation 

15 and preservation of the cultural and natural resources 

16 of the Heritage Area. 

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

18 the Secretary of the Interior. 

19 (8) TECHNICAL ASSISTANCE.—The term ‘‘tech20 nical assistance’’ means any guidance, advice, help, 

21 or aid, other than financial assistance, provided by 

22 the Secretary. 
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1 SEC. 204. NATIONAL AVIATION HERITAGE AREA. 

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

3 States of Ohio and Indiana, the National Aviation Heritage 

4 Area. 

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

6 the following: 

7 (1) A core area consisting of resources in Mont8 gomery, Greene, Warren, Miami, Clark, Champaign, 

9 Shelby, and Auglaize Counties in Ohio. 

10 (2) The Neil Armstrong Air Space Museum, 

11 Wapakoneta, Ohio. 

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

13 area recommended by the Management Plan. 

14 (c) MAP.—A map of the Heritage Area shall be in15 cluded in the Management Plan. The map shall be on file 

16 in the appropriate offices of the National Park Service, De17 partment of the Interior. 

18 (d) MANAGEMENT ENTITY.—The management entity 

19 for the Heritage Area shall be the Aviation Heritage Foun20 dation. 

21 SEC. 205. AUTHORITIES AND DUTIES OF THE MANAGEMENT 

22 ENTITY. 

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

24 Management Plan, the management entity may use Federal 

25 funds made available through this title to— 
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1 (1) make grants to, and enter into cooperative 

2 agreements with, the State of Ohio and political sub3 divisions of that State, private organizations, or any 

4 person; 

5 (2) hire and compensate staff; and 

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

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

8 (1) develop and submit to the Secretary for ap9 proval the proposed Management Plan in accordance 

10 with section 106; 

11 (2) give priority to implementing actions set 

12 forth in the Management Plan, including taking steps 

13 to assist units of government and nonprofit organiza14 tions in preserving resources within the Heritage 

15 Area; 

16 (3) consider the interests of diverse governmental, 

17 business, and nonprofit groups within the Heritage 

18 Area in developing and implementing the Manage19 ment Plan; 

20 (4) maintain a collaboration among the partners 

21 to promote heritage tourism and to assist partners to 

22 develop educational and cultural programs for the 

23 public; 
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1 (5) encourage economic viability in the Heritage 

2 Area consistent with the goals of the Management 

3 Plan; 

4 (6) assist units of government and nonprofit or5 ganizations in— 

6 (A) establishing and maintaining interpre7 tive exhibits in the Heritage Area; 

8 (B) developing recreational resources in the 

9 Heritage Area; 

10 (C) increasing public awareness of and ap11 preciation for the historical, natural, and archi12 tectural resources and sites in the Heritage Area; 

13 and 

14 (D) restoring historic buildings that relate 

15 to the purposes of the Heritage Area; 

16 (7) conduct public meetings at least quarterly re17 garding the implementation of the Management Plan; 

18 (8) submit substantial amendments to the Man19 agement Plan to the Secretary for the approval of the 

20 Secretary; and 

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

22 been received under this title— 

23 (A) submit an annual report to the Sec24 retary that sets forth the accomplishments of the 

25 management entity and its expenses and income; 
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1 (B) make available to the Secretary for 

2 audit all records relating to the expenditure of 

3 such funds and any matching funds; and 

4 (C) require, with respect to all agreements 

5 authorizing expenditure of Federal funds by 

6 other organizations, that the receiving organiza7 tions make available to the Secretary for audit 

8 all records concerning the expenditure of such 

9 funds. 

10 (c) USE OF FEDERAL FUNDS.— 

11 (1) IN GENERAL.—The management entity shall 

12 not use Federal funds received under this title to ac13 quire real property or an interest in real property. 

14 (2) OTHER SOURCES.—Nothing in this title pre15 cludes the management entity from using Federal 

16 funds from other sources for authorized purposes. 

17 SEC. 206. MANAGEMENT PLAN. 

18 (a) PREPARATION OF PLAN.—Not later than 3 years 

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

20 entity shall submit to the Secretary for approval a proposed 

21 Management Plan that shall take into consideration State 

22 and local plans and involve residents, public agencies, and 

23 private organizations in the Heritage Area. 

24 (b) CONTENTS.—The Management Plan shall incor25 porate an integrated and cooperative approach for the pro-
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1 tection, enhancement, and interpretation of the natural, 

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

3 Heritage Area and shall include the following: 

4 (1) An inventory of the resources contained in 

5 the core area of the Heritage Area, including the Day6 ton Aviation Heritage Historical Park, the sites, 

7 buildings, and districts listed in section 202 of the 

8 Dayton Aviation Heritage Preservation Act of 1992 

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

10 Heritage Area that is related to the themes of the Her11 itage Area and that should be preserved, restored, 

12 managed, or maintained because of its significance. 

13 (2) An assessment of cultural landscapes within 

14 the Heritage Area. 

15 (3) Provisions for the protection, interpretation, 

16 and enjoyment of the resources of the Heritage Area 

17 consistent with the purposes of this title. 

18 (4) An interpretation plan for the Heritage 

19 Area. 

20 (5) A program for implementation of the Man21 agement Plan by the management entity, including 

22 the following: 

23 (A) Facilitating ongoing collaboration 

24 among the partners to promote heritage tourism 
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1 and to develop educational and cultural pro2 grams for the public. 

3 (B) Assisting partners planning for restora4 tion and construction. 

5 (C) Specific commitments of the partners 

6 for the first 5 years of operation. 

7 (6) The identification of sources of funding for 

8 implementing the plan. 

9 (7) A description and evaluation of the manage10 ment entity, including its membership and organiza11 tional structure. 

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

13 Management Plan is not submitted to the Secretary within 

14 3 years of the date of the enactment of this title, the manage15 ment entity shall be ineligible to receive additional funding 

16 under this title until the date on which the Secretary re17 ceives the proposed Management Plan. 

18 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

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

20 Ohio, shall approve or disapprove the proposed Manage21 ment Plan submitted under this title not later than 90 days 

22 after receiving such proposed Management Plan. 

23 (e) ACTION FOLLOWING DISAPPROVAL.—If the Sec24 retary disapproves a proposed Management Plan, the Sec25 retary shall advise the management entity in writing of the 
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1 reasons for the disapproval and shall make recommenda2 tions for revisions to the proposed Management Plan. The 

3 Secretary shall approve or disapprove a proposed revision 

4 within 90 days after the date it is submitted. 

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

6 review and approve substantial amendments to the Manage7 ment Plan. Funds appropriated under this title may not 

8 be expended to implement any changes made by such 

9 amendment until the Secretary approves the amendment. 

10 SEC. 207. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

11 FEDERAL AGENCIES. 

12 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon 

13 the request of the management entity, the Secretary may 

14 provide technical assistance, on a reimbursable or non15 reimbursable basis, and financial assistance to the Heritage 

16 Area to develop and implement the management plan. The 

17 Secretary is authorized to enter into cooperative agreements 

18 with the management entity and other public or private 

19 entities for this purpose. In assisting the Heritage Area, 

20 the Secretary shall give priority to actions that in general 

21 assist in— 

22 (1) conserving the significant natural, historic, 

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) DUTIES OF OTHER FEDERAL AGENCIES.—Any 

5 Federal agency conducting or supporting activities directly 

6 affecting the Heritage Area shall— 

7 (1) consult with the Secretary and the manage8 ment entity with respect to such activities; 

9 (2) cooperate with the Secretary and the man10 agement entity in carrying out their duties under this 

11 title; 

12 (3) to the maximum extent practicable, coordi13 nate such activities with the carrying out of such du14 ties; and 

15 (4) to the maximum extent practicable, conduct 

16 or support such activities in a manner which the 

17 management entity determines will not have an ad18 verse effect on the Heritage Area. 

19 SEC. 208. COORDINATION BETWEEN THE SECRETARY AND 

20 THE SECRETARY OF DEFENSE AND THE AD21 MINISTRATOR OF NASA. 

22 The decisions concerning the execution of this title as 

23 it applies to properties under the control of the Secretary 

24 of Defense and the Administrator of the National Aero25 nautics and Space Administration shall be made by such 
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1 Secretary or such Administrator, in consultation with the 

2 Secretary of the Interior. 

3 SEC. 209. REQUIREMENTS FOR INCLUSION OF PRIVATE 

4 PROPERTY. 

5 (a) NOTIFICATION AND 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. 210. 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) PARTICIPATION OF 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. 211. AUTHORIZATION OF APPROPRIATIONS. 

24 (a) IN GENERAL.—To carry out this title there is au25 thorized to be appropriated $10,000,000, except that not 
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1 more than $1,000,000 may be appropriated to carry out 

2 this title for any fiscal year. 

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

4 cost of activities carried out using any assistance or grant 

5 under this title shall not exceed 50 percent. 

6 SEC. 212. SUNSET PROVISION. 

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 III—NATIONAL COAL 

11 HERITAGE AREA 

12 SEC. 301. NATIONAL COAL HERITAGE AREA. 

13 (a) NATIONAL COAL HERITAGE AREA AUTHORITY; 

14 BOUNDARY REVISION.—Title I of division II of the Omni15 bus Parks and Public Lands Management Act of 1996 (Pub16 lic Law 104–333; 16 U.S.C. 461 note) is amended as fol17 lows: 

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

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

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

21 (3) Paint Creek and Cabin Creek in Kanawha Coun22 ty, West Virginia’’. 

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

24 all that follows through ‘‘organizations’’ in the matter 

25 preceding paragraph (1) and inserting ‘‘National 
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1 Coal Heritage Area Authority, a public corporation 

2 and government instrumentality established by the 

3 State of West Virginia, pursuant to which the Sec4 retary shall assist the National Coal Heritage Area 

5 Authority’’. 

6 (3) In section 105— 

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

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

9 sentence: ‘‘Resources within Lincoln County, 

10 West Virginia, and Paint Creek and Cabin Creek 

11 within Kanawha County, West Virginia, shall 

12 also be eligible for assistance as determined by 

13 the National Coal Heritage Area Authority.’’. 

14 (4) In section 106(a)— 

15 (A) by striking ‘‘Governor’’ and all that fol16 lows through ‘‘and Parks’’ and inserting ‘‘Na17 tional Coal Heritage Area Authority’’; and 

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

19 West Virginia’’ and all that follows through ‘‘en20 tities’’ and inserting ‘‘National Coal Heritage 

21 Area Authority’’. 

22 (b) AGREEMENT CONTINUING IN EFFECT.—The con23 tractual agreement entered into by the Secretary of the Inte24 rior and the Governor of West Virginia prior to the date 

25 of the enactment of this Act pursuant to section 104 of title 
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1 I of division II of the Omnibus Parks and Public Lands 

2 Management Act of 1996 (16 U.S.C. 461 note) shall be 

3 deemed as continuing in effect, except that such agreement 

4 shall be between the Secretary and the National Coal Herit5 age Area Authority. 

6 TITLE IV—COASTAL HERITAGE 

7 TRAIL ROUTE IN NEW JERSEY 

8 SEC. 401. REAUTHORIZATION OF APPROPRIATIONS FOR 

9 COASTAL HERITAGE TRAIL ROUTE IN NEW 

10 JERSEY. 

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

12 100–515 (16 U.S.C. 1244 note) is amended— 

13 (1) in subsection (b)(1), by striking ‘‘$4,000,000’’ 

14 and all that follows and inserting ‘‘such sums as may 

15 be necessary.’’; and 

16 (2) in subsection (c), by striking ‘‘10’’ and in17 serting ‘‘12’’. 

18 (b) STRATEGIC PLAN.— 

19 (1) IN GENERAL.—The Secretary of the Interior 

20 shall, by not later than 2 years after the date of the 

21 enactment of this Act, prepare a strategic plan for the 

22 New Jersey Coastal Heritage Trail 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 of 

14 2004’’. 

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

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 period 

23 and inserting ‘‘; and’’; and 

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

4 of 1986 and is exempt from taxation under section 

5 501(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 help 

10 ensure appropriate transition of the management en11 tity to the Association and coordination with the As12 sociation 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 Upon the expiration of the Commission, the Association 

19 shall have the powers and restrictions of the Commission 

20 under this Act. 

21 ‘‘SEC. 120. DUTIES AND AUTHORITIES OF THE MANAGE22 MENT ENTITY. 

23 ‘‘For purposes of preparing and implementing the 

24 management plan developed under section 121, the manage-
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1 ment entity may use Federal funds made available under 

2 this Act— 

3 ‘‘(1) to make loans and grants to, and enter into 

4 cooperative agreements with, States and their polit5 ical subdivisions, private organizations, or any per6 son; 

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

8 ‘‘(3) to enter into contracts for goods and serv9 ices. 

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

11 ‘‘The Association shall— 

12 ‘‘(1) develop and submit to the Secretary for ap13 proval the management plan for the corridor not later 

14 than 2 years after Federal funds are made available 

15 for this purpose; 

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

17 forth in the management plan, including taking steps 

18 to assist units of local government, regional planning 

19 organizations, and other organizations— 

20 ‘‘(A) in preserving the corridor; 

21 ‘‘(B) in establishing and maintaining inter22 pretive exhibits in the corridor; 

23 ‘‘(C) in developing recreational resources in 

24 the corridor; 
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1 ‘‘(D) in increasing public awareness of and 

2 appreciation for the natural, historical, and ar3 chitectural resources and sites in the corridor; 

4 and 

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

6 historic building relating to the themes of the 

7 corridor; 

8 ‘‘(3) encourage by appropriate means economic 

9 viability in the corridor consistent with the goals of 

10 the management plan; 

11 ‘‘(4) consider the interests of diverse govern12 mental, business, and other groups within the cor13 ridor; 

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

15 regarding the implementation of the management 

16 plan; 

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

18 increase of more than 20 percent in the cost estimates 

19 for implementation) to the management plan to the 

20 Secretary; 

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

22 been received under this Act— 

23 ‘‘(A) submit an annual report to the Sec24 retary setting forth the Association’s accomplish25 ments, expenses and income, and the identity of 
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1 each entity to which any loans and grants were 

2 made during the year for which the report is 

3 made; 

4 ‘‘(B) make available for audit all records 

5 pertaining to the expenditure of such funds and 

6 any matching funds; and 

7 ‘‘(C) require, for all agreements authorizing 

8 expenditure of Federal funds by other organiza9 tions, that the receiving organizations make 

10 available for audit all records pertaining to the 

11 expenditure of such funds. 

12 ‘‘SEC. 122. USE OF FEDERAL FUNDS. 

13 ‘‘(a) IN GENERAL.—The Association shall not use Fed14 eral funds received under this Act to acquire real property 

15 or an interest in real property. 

16 ‘‘(b) OTHER SOURCES.—Nothing in this Act precludes 

17 the Association from using Federal funds from other sources 

18 for authorized purposes. 

19 ‘‘SEC. 123. MANAGEMENT PLAN. 

20 ‘‘(a) PREPARATION OF PLAN.—Not later than 2 years 

21 after the date that Federal funds are made available for 

22 this purpose, the Association shall submit to the Secretary 

23 for approval a proposed management plan that shall— 

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

25 plans and involve residents, local governments and 
27 

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1 public agencies, and private organizations in the cor2 ridor; 

3 ‘‘(2) present comprehensive recommendations for 

4 the corridor’s conservation, funding, management, 

5 and development; 

6 ‘‘(3) include actions to be undertaken by units of 

7 government and private organizations to protect the 

8 resources of the corridor; 

9 ‘‘(4) specify the existing and potential sources of 

10 funding to protect, manage, and develop the corridor; 

11 and 

12 ‘‘(5) include the following: 

13 ‘‘(A) Identification of the geographic bound14 aries of the corridor. 

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

16 corridor’s overall concept or vision that show key 

17 sites, visitor facilities and attractions, and phys18 ical linkages. 

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

20 strategies and tasks intended to reach them, and 

21 a realistic schedule for completing the tasks. 

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

23 themes of the corridor. 
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1 ‘‘(E) Identification of parties responsible for 

2 carrying out the tasks, including any National 

3 Park Service responsibilities. 

4 ‘‘(F) A financial plan and other informa5 tion on costs and sources of funds. 

6 ‘‘(G) A description of the public participa7 tion process used in developing the plan and a 

8 proposal for public participation in the imple9 mentation of the management plan. 

10 ‘‘(H) A mechanism and schedule for updat11 ing the plan based on actual progress. 

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

13 develop the management plan. 

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

15 issues relating to the management plan. 

16 ‘‘(b) DISQUALIFICATION FROM FUNDING.—If a pro17 posed management plan is not submitted to the Secretary 

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

19 available for this purpose, the Association shall be ineligible 

20 to receive additional funds under this Act until the Sec21 retary receives a proposed management plan from the Asso22 ciation. 

23 ‘‘(c) APPROVAL OF MANAGEMENT PLAN.—The Sec24 retary shall approve or disapprove a proposed management 

25 plan submitted under this Act not later than 180 days after 
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1 receiving such proposed management plan. If action is not 

2 taken by the Secretary within the time period specified in 

3 the preceding sentence, the management plan shall be 

4 deemed approved. The Secretary shall consult with the local 

5 entities representing the diverse interests of the corridor in6 cluding governments, natural and historic resource protec7 tion organizations, educational institutions, businesses, rec8 reational organizations, community residents, and private 

9 property owners prior to approving the management plan. 

10 The Association shall conduct semi-annual public meetings, 

11 workshops, and hearings to provide adequate opportunity 

12 for the public and local and governmental entities to review 

13 and to aid in the preparation and implementation of the 

14 management plan. 

15 ‘‘(d) ACTION FOLLOWING DISAPPROVAL.—If the Sec16 retary disapproves a proposed management plan within the 

17 time period specified in subsection (c), the Secretary shall 

18 advise the Association in writing of the reasons for the dis19 approval and shall make recommendations for revisions to 

20 the proposed management plan. 

21 ‘‘(e) APPROVAL OF AMENDMENTS.—The Secretary 

22 shall review and approve all substantial amendments (in23 cluding any increase of more than 20 percent in the cost 

24 estimates for implementation) to the management plan. 

25 Funds made available under this Act may not be expended 
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1 to implement any changes made by a substantial amend2 ment until the Secretary approves that substantial amend3 ment. 

4 ‘‘SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

5 FEDERAL AGENCIES. 

6 ‘‘(a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon 

7 the request of the Association, the Secretary may provide 

8 technical assistance, on a reimbursable or nonreimbursable 

9 basis, and financial assistance to the Association to develop 

10 and implement the management plan. The Secretary is au11 thorized to enter into cooperative agreements with the Asso12 ciation and other public or private entities for this purpose. 

13 In assisting the Association, the Secretary shall give pri14 ority to actions that in general assist in— 

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

16 cultural, and scenic resources of the corridor; and 

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

18 recreational opportunities consistent with the pur19 poses of the corridor. 

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

21 Federal agency conducting or supporting activities directly 

22 affecting the corridor shall— 

23 ‘‘(1) consult with the Secretary and the Associa24 tion with respect to such activities; 
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1 ‘‘(2) cooperate with the Secretary and the Asso2 ciation in carrying out their duties under this Act; 

3 ‘‘(3) to the maximum extent practicable, coordi4 nate such activities with the carrying out of such du5 ties; and 

6 ‘‘(4) to the maximum extent practicable, conduct 

7 or support such activities in a manner which the As8 sociation determines is not likely to have an adverse 

9 effect on the corridor. 

10 ‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘(a) IN GENERAL.—To carry out this Act there is au12 thorized to be appropriated $10,000,000, except that not 

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

14 this Act for any fiscal year. 

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

16 cost of activities carried out using any assistance or grant 

17 under this Act shall not exceed 50 percent of that cost. 

18 ‘‘SEC. 126. SUNSET. 

19 ‘‘The authority of the Secretary to provide assistance 

20 under this Act terminates on September 30, 2027.’’. 

21 SEC. 503. PRIVATE PROPERTY PROTECTION. 

22 The Illinois and Michigan Canal National Heritage 

23 Corridor Act of 1984 is further amended by adding after 

24 section 126 (as added by section 502 of this title) the fol25 lowing new sections: 
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1 ‘‘SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE 

2 PROPERTY. 

3 ‘‘(a) NOTIFICATION AND CONSENT OF PROPERTY OWN4 ERS REQUIRED.—No privately owned property shall be pre5 served, conserved, or promoted by the management plan for 

6 the Heritage Area until the owner of that private property 

7 has been notified in writing by the management entity and 

8 has given written consent for such preservation, conserva9 tion, or promotion to the management entity. 

10 ‘‘(b) LANDOWNER WITHDRAW.—Any owner of private 

11 property included within the boundary of the corridor, and 

12 not notified under subsection (a), shall have their property 

13 immediately removed from the boundary of the corridor by 

14 submitting a written request to the Association. 

15 ‘‘SEC. 128. PRIVATE PROPERTY PROTECTION. 

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

17 Act shall be construed to— 

18 ‘‘(1) require any private property owner to allow 

19 public access (including Federal, State, or local gov20 ernment access) to such private property; or 

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

22 local law with regard to public access to or use of pri23 vate property. 

24 ‘‘(b) LIABILITY.—Designation of the corridor shall not 

25 be considered to create any liability, or to have any effect 

26 on any liability under any other law, of any private prop-
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1 erty owner with respect to any persons injured on such pri2 vate property. 

3 ‘‘(c) RECOGNITION OF AUTHORITY TO CONTROL LAND

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

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

6 land use. 

7 ‘‘(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

8 IN CORRIDOR.—Nothing in this Act shall be construed to 

9 require the owner of any private property located within 

10 the boundaries of the corridor to participate in or be associ11 ated with the corridor. 

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

13 designated for the corridor represent the area within which 

14 Federal funds appropriated for the purpose of this Act may 

15 be expended. The establishment of the corridor and its 

16 boundaries shall not be construed to provide any non17 existing regulatory authority on land use within the cor18 ridor or its viewshed by the Secretary, the National Park 

19 Service, or the Association.’’. 

20 SEC. 504. TECHNICAL AMENDMENTS. 

21 Section 116 of Illinois and Michigan Canal National 

22 Heritage Corridor Act of 1984 is amended— 

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

24 (2) in subsection (a)— 
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1 (A) by striking ‘‘(a)’’ and all that follows 

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

3 each’’; 

4 (B) by striking ‘‘Commission’’ and insert5 ing ‘‘Association’’; 

6 (C) by striking ‘‘Commission’s’’ and insert7 ing ‘‘Association’s’’; 

8 (D) by redesignating paragraph (2) as sub9 section (b); and 

10 (E) by redesignating subparagraphs (A) 

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

12 TITLE VI—OIL REGION 

13 NATIONAL HERITAGE AREA 

14 SEC. 601. SHORT TITLE; DEFINITIONS. 

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

16 Region National Heritage Area Act’’. 

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

18 following definitions shall apply: 

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

20 Area’’ means the Oil Region National Heritage Area 

21 established in section 603(a). 

22 (2) MANAGEMENT ENTITY.—The term ‘‘manage23 ment entity’’ means the Oil Heritage Region, Inc., or 

24 its successor entity. 
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 SEC. 602. FINDINGS AND PURPOSE. 

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

5 (1) The Oil Region of Northwestern Pennsyl6 vania, with numerous sites and districts listed on the 

7 National Register of Historic Places, and designated 

8 by the Governor of Pennsylvania as one of the State 

9 Heritage Park Areas, is a region with tremendous 

10 physical and natural resources and possesses a story 

11 of State, national, and international significance. 

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

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

14 has affected the industrial, natural, social, and polit15 ical structures of the modern world. 

16 (3) Six national historic districts are located 

17 within the State Heritage Park boundary, in 

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

19 as 17 separate National Register sites. 

20 (4) The Allegheny River, which was designated 

21 as a component of the national wild and scenic rivers 

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

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

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

25 French Creek, and Sandy Creek. 
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1 (5) The unspoiled rural character of the Oil Re2 gion provides many natural and recreational re3 sources, scenic vistas, and excellent water quality for 

4 people throughout the United States to enjoy. 

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

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

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

8 riverbed settlements, plateau developments, farmlands, 

9 and industrial landscapes. 

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

11 of American history associated with Native Ameri12 cans, frontier settlements, the French and Indian 

13 War, African Americans and the Underground Rail14 road, and immigration of Swedish and Polish indi15 viduals, among others. 

16 (8) Involvement by the Federal Government shall 

17 serve to enhance the efforts of the Commonwealth of 

18 Pennsylvania, local subdivisions of the Common19 wealth of Pennsylvania, volunteer organizations, and 

20 private businesses, to promote the cultural, national, 

21 and recreational resources of the region in order to 

22 fulfill their full potential. 

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

24 a cooperative management framework to assist the Com25 monwealth of Pennsylvania, its units of local government, 
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1 and area citizens in conserving, enhancing, and inter2 preting the significant features of the lands, water, and 

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

4 compatible economic development for the benefit and inspi5 ration of present and future generations in the Common6 wealth of Pennsylvania and the United States. 

7 SEC. 603. OIL REGION NATIONAL HERITAGE AREA. 

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

9 Oil Region National Heritage Area. 

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

11 Area shall include all of those lands depicted on a map enti12 tled ‘‘Oil Region National Heritage Area’’, numbered 

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

14 on file in the appropriate offices of the National Park Serv15 ice. The Secretary of the Interior shall publish in the Fed16 eral Register, as soon as practical after the date of the en17 actment of this Act, a detailed description and map of the 

18 boundaries established under this subsection. 

19 (c) MANAGEMENT ENTITY.—The management entity 

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

21 the locally based private, nonprofit management corpora22 tion which shall oversee the development of a management 

23 plan in accordance with section 605(b). 
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1 SEC. 604. COMPACT. 

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

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

4 compact shall include information relating to the objectives 

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

6 goals and objectives of the Heritage Area, including an ex7 planation of the proposed approach to conservation and in8 terpretation and a general outline of the protection meas9 ures committed to by the Secretary and management entity. 

10 SEC. 605. AUTHORITIES AND DUTIES OF MANAGEMENT EN11 TITY. 

12 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.— 

13 The management entity may use funds made available 

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

15 implementing the management plan developed under sub16 section (b). Such purposes may include— 

17 (1) making grants to, and entering into coopera18 tive agreements with, States and their political sub19 divisions, private organizations, or any other person; 

20 (2) hiring and compensating staff; and 

21 (3) undertaking initiatives that advance the pur22 poses of the Heritage Area. 

23 (b) MANAGEMENT PLAN.—The management entity 

24 shall develop a management plan for the Heritage Area 

25 that— 
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1 (1) presents comprehensive strategies and rec2 ommendations for conservation, funding, manage3 ment, and development of the Heritage Area; 

4 (2) takes into consideration existing State, coun5 ty, and local plans and involves residents, public 

6 agencies, and private organizations working in the 

7 Heritage Area; 

8 (3) includes a description of actions that units 

9 of government and private organizations have agreed 

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

11 (4) specifies the existing and potential sources of 

12 funding to protect, manage, and develop the Heritage 

13 Area; 

14 (5) includes an inventory of the resources con15 tained in the Heritage Area, including a list of any 

16 property in the Heritage Area that is related to the 

17 themes of the Heritage Area and that should be pre18 served, restored, managed, developed, or maintained 

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

20 or scenic significance; 

21 (6) describes a program for implementation of 

22 the management plan by the management entity, in23 cluding plans for restoration and construction, and 

24 specific commitments for that implementation that 
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1 have been made by the management entity and any 

2 other persons for the first 5 years of implementation; 

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

4 Heritage Area proposed by the management entity 

5 and requested by the affected local government; and 

6 (8) includes an interpretation plan for the Her7 itage Area. 

8 (c) DEADLINE; TERMINATION OF FUNDING.— 

9 (1) DEADLINE.—The management entity shall 

10 submit the management plan to the Secretary within 

11 2 years after the funds are made available for this 

12 title. 

13 (2) TERMINATION OF FUNDING.—If a manage14 ment plan is not submitted to the Secretary in ac15 cordance with this subsection, the management entity 

16 shall not qualify for Federal assistance under this 

17 title. 

18 (d) DUTIES OF MANAGEMENT ENTITY.—The manage19 ment entity shall— 

20 (1) give priority to implementing actions set 

21 forth in the compact and management plan; 

22 (2) assist units of government, regional planning 

23 organizations, and nonprofit organizations in— 

24 (A) establishing and maintaining interpre25 tive exhibits in the Heritage Area; 
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1 (B) developing recreational resources in the 

2 Heritage Area; 

3 (C) increasing public awareness of and ap4 preciation for the natural, historical, and archi5 tectural resources and sites in the Heritage Area; 

6 (D) the restoration of any historic building 

7 relating to the themes of the Heritage Area; 

8 (E) ensuring that clear signs identifying ac9 cess points and sites of interest are put in place 

10 throughout the Heritage Area; and 

11 (F) carrying out other actions that the 

12 management entity determines to be advisable to 

13 fulfill the purposes of this title; 

14 (3) encourage by appropriate means economic 

15 viability in the Heritage Area consistent with the 

16 goals of the management plan; 

17 (4) consider the interests of diverse governmental, 

18 business, and nonprofit groups within the Heritage 

19 Area; and 

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

21 been provided to implement the management plan 

22 under subsection (b)— 

23 (A) conduct public meetings at least annu24 ally regarding the implementation of the man25 agement plan; 
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1 (B) submit an annual report to the Sec2 retary setting forth accomplishments, expenses 

3 and income, and each person to which any grant 

4 was made by the management entity in the year 

5 for which the report is made; and 

6 (C) require, for all agreements entered into 

7 by the management entity authorizing expendi8 ture of Federal funds by any other person, that 

9 the person making the expenditure make avail10 able to the management entity for audit all 

11 records pertaining to the expenditure of such 

12 funds. 

13 (e) PROHIBITION ON THE ACQUISITION OF REAL

14 PROPERTY.—The management entity may not use Federal 

15 funds received under this title to acquire real property or 

16 an interest in real property. 

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

18 (a) TECHNICAL AND FINANCIAL ASSISTANCE.— 

19 (1) IN GENERAL.— 

20 (A) OVERALL ASSISTANCE.—The Secretary 

21 may, upon the request of the management entity, 

22 and subject to the availability of appropriations, 

23 provide technical and financial assistance to the 

24 management entity to carry out its duties under 

25 this title, including updating and implementing 
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1 a management plan that is submitted under sec2 tion 605(b) and approved by the Secretary and, 

3 prior to such approval, providing assistance for 

4 initiatives. 

5 (B) OTHER ASSISTANCE.—If the Secretary 

6 has the resources available to provide technical 

7 assistance to the management entity to carry out 

8 its duties under this title (including updating 

9 and implementing a management plan that is 

10 submitted under section 605(b) and approved by 

11 the Secretary and, prior to such approval, pro12 viding assistance for initiatives), upon the re13 quest of the management entity the Secretary 

14 shall provide such assistance on a reimbursable 

15 basis. This subparagraph does not preclude the 

16 Secretary from providing nonreimbursable as17 sistance under subparagraph (A). 

18 (2) PRIORITY.—In assisting the management en19 tity, the Secretary shall give priority to actions that 

20 assist in the— 

21 (A) implementation of the management 

22 plan; 

23 (B) provision of educational assistance and 

24 advice regarding land and water management 
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1 techniques to conserve the significant natural re2 sources of the region; 

3 (C) development and application of tech4 niques promoting the preservation of cultural 

5 and historic properties; 

6 (D) preservation, restoration, and reuse of 

7 publicly and privately owned historic buildings; 

8 (E) design and fabrication of a wide range 

9 of interpretive materials based on the manage10 ment plan, including guide brochures, visitor 

11 displays, audio-visual and interactive exhibits, 

12 and educational curriculum materials for public 

13 education; and 

14 (F) implementation of initiatives prior to 

15 approval of the management plan. 

16 (3) DOCUMENTATION OF STRUCTURES.—The Sec17 retary, acting through the Historic American Build18 ing Survey and the Historic American Engineering 

19 Record, shall conduct studies necessary to document 

20 the industrial, engineering, building, and architec21 tural history of the Heritage Area. 

22 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

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

24 of Pennsylvania, shall approve or disapprove a manage25 ment plan submitted under this title not later than 90 days 
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1 after receiving such plan. In approving the plan, the Sec2 retary shall take into consideration the following criteria: 

3 (1) The extent to which the management plan 

4 adequately preserves and protects the natural, cul5 tural, and historical resources of the Heritage Area. 

6 (2) The level of public participation in the devel7 opment of the management plan. 

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

9 the management entity is representative of the local 

10 government and a wide range of interested organiza11 tions and citizens. 

12 (c) ACTION FOLLOWING DISAPPROVAL.—If the Sec13 retary disapproves a management plan, the Secretary shall 

14 advise the management entity in writing of the reasons for 

15 the disapproval and shall make recommendations for revi16 sions in the management plan. The Secretary shall approve 

17 or disapprove a proposed revision within 90 days after the 

18 date it is submitted. 

19 (d) APPROVING CHANGES.—The Secretary shall review 

20 and approve amendments to the management plan under 

21 section 605(b) that make substantial changes. Funds appro22 priated under this title may not be expended to implement 

23 such changes until the Secretary approves the amendments. 

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

25 approve or disapprove a management plan, revision, or 
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1 change within 90 days after it is submitted to the Secretary, 

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

3 deemed to have been approved by the Secretary. 

4 SEC. 607. DUTIES OF OTHER FEDERAL ENTITIES. 

5 Any Federal entity conducting or supporting activities 

6 directly affecting the Heritage Area shall— 

7 (1) consult with the Secretary and the manage8 ment entity with respect to such activities; 

9 (2) cooperate with the Secretary and the man10 agement entity in carrying out their duties under this 

11 title and, to the maximum extent practicable, coordi12 nate such activities with the carrying out of such du13 ties; and 

14 (3) to the maximum extent practicable, conduct 

15 or support such activities in a manner that the man16 agement entity determines shall not have an adverse 

17 effect on the Heritage Area. 

18 SEC. 608. SUNSET. 

19 The Secretary may not make any grant or provide any 

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

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

22 available for this title. 
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1 SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE 

2 PROPERTY. 

3 (a) NOTIFICATION AND CONSENT OF PROPERTY OWN4 ERS REQUIRED.—No privately owned property shall be pre5 served, conserved, or promoted by the management plan for 

6 the Heritage Area until the owner of that private property 

7 has been notified in writing by the management entity and 

8 has given written consent for such preservation, conserva9 tion, or promotion to the management entity. 

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

11 property included within the boundary of the Heritage Area 

12 shall have their property immediately removed from the 

13 boundary by submitting a written request to the manage14 ment entity. 

15 SEC. 610. PRIVATE PROPERTY PROTECTION. 

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

17 title shall be construed to— 

18 (1) require any private property owner to allow 

19 public access (including Federal, State, or local gov20 ernment access) to such private property; or 

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

22 local law with regard to public access to or use of pri23 vate property. 

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

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

26 any effect on any liability under any other law, of any pri-
48 

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1 vate property owner with respect to any persons injured 

2 on such private property. 

3 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

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

5 the authority of Federal, State, or local governments to reg6 ulate land use. 

7 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

8 IN HERITAGE AREA.—Nothing in this title shall be con9 strued to require the owner of any private property located 

10 within the boundaries of the Heritage Area to participate 

11 in or be associated with the Heritage Area. 

12 (e) EFFECT OF ESTABLISHMENT.—The boundaries 

13 designated for the Heritage Area represent the area within 

14 which Federal funds appropriated for the purpose of this 

15 title may be expended. The establishment of the Heritage 

16 Area and its boundaries shall not be construed to provide 

17 any nonexisting regulatory authority on land use within 

18 the Heritage Area or its viewshed by the Secretary, the Na19 tional Park Service, or the management entity. 

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

21 Nothing in this title shall preclude the management 

22 entity from using Federal funds available under Acts other 

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

24 authorized. 
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1 SEC. 612. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There are authorized to be appro3 priated to carry out this title— 

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

5 and 

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

7 (b) 50 PERCENT MATCH.—Financial assistance pro8 vided under this title may not be used to pay more than 

9 50 percent of the total cost of any activity carried out with 

10 that assistance. 
Union Calendar No. 370 

108TH CONGRESS 

2D SESSION H. R. 4492 

[Report No. 108–611] 

A BILL 

To amend the Omnibus Parks and Public Lands 

for other purposes. ization for certain national heritage areas, and Management Act of 1996 to extend the authorJULY 19, 2004 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,