108TH CONGRESS

2D SESSION H. R. 4492

AN ACT

To amend the Omnibus Parks and Public Lands

for other purposes.ization for certain national heritage areas, andManagement Act of 1996 to extend the author-

108TH CONGRESS

2D SESSION H. R. 4492

AN ACT

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,
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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’’.

17 TITLE II—NATIONAL AVIATION

18 HERITAGE AREA

19 SEC. 201. SHORT TITLE.

20 This title may be cited as the ‘‘National Aviation

21 Heritage Area Act’’.

22 SEC. 202. FINDINGS AND PURPOSE.

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

24 (1) Few technological advances have trans25 formed the world or our Nation’s economy, society,
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1 culture, and national character as the development

2 of powered flight.

3 (2) The industrial, cultural, and natural herit4 age legacies of the aviation and aerospace industry

5 in the State of Ohio are nationally significant.

6 (3) Dayton, Ohio, and other defined areas

7 where the development of the airplane and aerospace

8 technology established our Nation’s leadership in

9 both civil and military aeronautics and astronautics

10 set the foundation for the 20th Century to be an

11 American Century.

12 (4) Wright-Patterson Air Force Base in Day13 ton, Ohio, is the birthplace, the home, and an inte14 gral part of the future of aerospace.

15 (5) The economic strength of our Nation is con16 nected integrally to the vitality of the aviation and

17 aerospace industry, which is responsible for an esti18 mated 11,200,000 American jobs.

19 (6) The industrial and cultural heritage of the

20 aviation and aerospace industry in the State of Ohio

21 includes the social history and living cultural tradi22 tions of several generations.

23 (7) The Department of the Interior is respon24 sible for protecting and interpreting the Nation’s

25 cultural and historic resources, and there are signifi-
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1 cant examples of these resources within Ohio to

2 merit the involvement of the Federal Government to

3 develop programs and projects in cooperation with

4 the Aviation Heritage Foundation, Incorporated, the

5 State of Ohio, and other local and governmental en6 tities to adequately conserve, protect, and interpret

7 this heritage for the educational and recreational

8 benefit of this and future generations of Americans,

9 while providing opportunities for education and revi10 talization.

11 (8) Since the enactment of the Dayton Aviation

12 Heritage Preservation Act of 1992 (Public Law

13 102–419), partnerships among the Federal, State,

14 and local governments and the private sector have

15 greatly assisted the development and preservation of

16 the historic aviation resources in the Miami Valley.

17 (9) An aviation heritage area centered in

18 Southwest Ohio is a suitable and feasible manage19 ment option to increase collaboration, promote herit20 age tourism, and build on the established partner21 ships among Ohio’s historic aviation resources and

22 related sites.

23 (10) A critical level of collaboration among the

24 historic aviation resources in Southwest Ohio cannot

25 be achieved without a congressionally established na-
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1 tional heritage area and the support of the National

2 Park Service and other Federal agencies which own

3 significant historic aviation-related sites in Ohio.

4 (11) The Aviation Heritage Foundation, Incor5 porated, would be an appropriate management entity

6 to oversee the development of the National Aviation

7 Heritage Area.

8 (12) Five National Park Service and Dayton

9 Aviation Heritage Commission studies and planning

10 documents: ‘‘Study of Alternatives: Dayton’s Avia11 tion Heritage’’, ‘‘Dayton Aviation Heritage National

12 Historical Park Suitability/Feasibility Study’’, ‘‘Day13 ton Aviation Heritage General Management Plan’’,

14 ‘‘Dayton Historic Resources Preservation and Devel15 opment Plan’’, and Heritage Area Concept Study,

16 demonstrated that sufficient historical resources

17 exist to establish the National Aviation Heritage

18 Area.

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

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

21 that the preservation of properties nationally signifi22 cant in the history of aviation is an important goal

23 for the 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,

3 and develop the Heritage Area for public benefit.

4 (15) The National Aviation Heritage Area

5 would complement and enhance the aviation-related

6 resources within the National Park Service, espe7 cially the Dayton Aviation Heritage National Histor8 ical Park, Ohio.

9 (b) PURPOSE.—The purpose of this title is to estab10 lish the Heritage Area to—

11 (1) encourage and facilitate collaboration

12 among the facilities, sites, organizations, govern13 mental entities, and educational institutions within

14 the Heritage Area to promote heritage tourism and

15 to develop educational and cultural programs for the

16 public;

17 (2) preserve and interpret for the educational

18 and inspirational benefit of present and future gen19 erations the unique and significant contributions to

20 our national heritage of certain historic and cultural

21 lands, structures, facilities, and sites within the Na22 tional Aviation Heritage Area;

23 (3) encourage within the National Aviation

24 Heritage Area a broad range of economic opportuni-
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1 ties enhancing the quality of life for present and fu2 ture generations;

3 (4) provide a management framework to assist

4 the State of Ohio, its political subdivisions, other

5 areas, and private organizations, or combinations

6 thereof, in preparing and implementing an inte7 grated Management Plan to conserve their aviation

8 heritage and in developing policies and programs

9 that will preserve, enhance, and interpret the cul10 tural, historical, natural, recreation, and scenic re11 sources of the Heritage Area; and

12 (5) authorize the Secretary to provide financial

13 and technical assistance to the State of Ohio, its po14 litical subdivisions, and private organizations, or

15 combinations thereof, in preparing and implementing

16 the private Management Plan.

17 SEC. 203. DEFINITIONS.

18 For purposes of this title:

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

20 Board of Directors of the Foundation.

21 (2) FINANCIAL ASSISTANCE.—The term ‘‘finan22 cial assistance’’ means funds appropriated by Con23 gress and made available to the management entity

24 for the purpose of preparing and implementing the

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

2 Area’’ means the National Aviation Heritage Area

3 established by section 104 to receive, distribute, and

4 account for Federal funds appropriated for the pur5 pose of this title.

6 (4) MANAGEMENT PLAN.—The term ‘‘Manage7 ment Plan’’ means the management plan for the

8 Heritage Area developed under section 106.

9 (5) MANAGEMENT ENTITY.—The term ‘‘man10 agement entity’’ means the Aviation Heritage Foun11 dation, Incorporated (a nonprofit corporation estab12 lished under the laws of the State of Ohio).

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

14 Federal, State, or local governmental entity, organi15 zation, private industry, educational institution, or

16 individual involved in promoting the conservation

17 and preservation of the cultural and natural re18 sources of the Heritage Area.

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

20 the Secretary of the Interior.

21 (8) TECHNICAL ASSISTANCE.—The term ‘‘tech22 nical assistance’’ means any guidance, advice, help,

23 or aid, other than financial assistance, provided by

24 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 Herit4 age 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) Space Museum, Wapakoneta, Ohio.

11 (3) Sites, buildings, and districts within the

12 core area recommended by the Management Plan.

13 (c) MAP.—A map of the Heritage Area shall be in14 cluded in the Management Plan. The map shall be on file

15 in the appropriate offices of the National Park Service,

16 Department of the Interior.

17 (d) MANAGEMENT ENTITY.—The management entity

18 for the Heritage Area shall be the Aviation Heritage

19 Foundation.

20 SEC. 205. AUTHORITIES AND DUTIES OF THE MANAGEMENT

21 ENTITY.

22 (a) AUTHORITIES.—For purposes of implementing

23 the Management Plan, the management entity may use

24 Federal funds made available through this title to—

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

26 agreements with, the State of Ohio and political sub-
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1 divisions of that State, private organizations, or any

2 person;

3 (2) hire and compensate staff; and

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

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

6 (1) develop and submit to the Secretary for ap7 proval the proposed Management Plan in accordance

8 with section 106;

9 (2) give priority to implementing actions set

10 forth in the Management Plan, including taking

11 steps to assist units of government and nonprofit or12 ganizations in preserving resources within the Herit13 age Area;

14 (3) consider the interests of diverse govern15 mental, business, and nonprofit groups within the

16 Heritage Area in developing and implementing the

17 Management Plan;

18 (4) maintain a collaboration among the part19 ners to promote heritage tourism and to assist part20 ners to develop educational and cultural programs

21 for the public;

22 (5) encourage economic viability in the Heritage

23 Area consistent with the goals of the Management

24 Plan;
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1 (6) assist units of government and nonprofit or2 ganizations in—

3 (A) establishing and maintaining interpre4 tive exhibits in the Heritage Area;

5 (B) developing recreational resources in

6 the Heritage Area;

7 (C) increasing public awareness of and ap8 preciation for the historical, natural, and archi9 tectural resources and sites in the Heritage

10 Area; and

11 (D) restoring historic buildings that relate

12 to the purposes of the Heritage Area;

13 (7) conduct public meetings at least quarterly

14 regarding the implementation of the Management

15 Plan;

16 (8) submit substantial amendments to the Man17 agement Plan to the Secretary for the approval of

18 the Secretary; and

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

20 been received under this title—

21 (A) submit an annual report to the Sec22 retary that sets forth the accomplishments of

23 the management entity and its expenses and in24 come;
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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

12 shall not use Federal funds received under this title

13 to acquire real property or an interest in real prop14 erty.

15 (2) OTHER SOURCES.—Nothing in this title

16 precludes the management entity from using Federal

17 funds from other sources for authorized purposes.

18 SEC. 206. MANAGEMENT PLAN.

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

20 after the date of the enactment of this title, the manage21 ment entity shall submit to the Secretary for approval a

22 proposed Management Plan that shall take into consider23 ation State and local plans and involve residents, public

24 agencies, and private organizations in the Heritage Area.
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1 (b) CONTENTS.—The Management Plan shall incor2 porate an integrated and cooperative approach for the pro3 tection, enhancement, and interpretation of the natural,

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

5 Heritage Area and shall include the following:

6 (1) An inventory of the resources contained in

7 the core area of the Heritage Area, including the

8 Dayton Aviation Heritage Historical Park, the sites,

9 buildings, and districts listed in section 202 of the

10 Dayton Aviation Heritage Preservation Act of 1992

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

12 the Heritage Area that is related to the themes of

13 the Heritage Area and that should be preserved, re14 stored, managed, or maintained because of its sig15 nificance.

16 (2) An assessment of cultural landscapes within

17 the Heritage Area.

18 (3) Provisions for the protection, interpretation,

19 and enjoyment of the resources of the Heritage Area

20 consistent with the purposes of this title.

21 (4) An interpretation plan for the Heritage

22 Area.

23 (5) A program for implementation of the Man24 agement Plan by the management entity, including

25 the following:
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1 (A) Facilitating ongoing collaboration

2 among the partners to promote heritage tour3 ism and to develop educational and cultural

4 programs for the public.

5 (B) Assisting partners planning for res6 toration and construction.

7 (C) Specific commitments of the partners

8 for the first 5 years of operation.

9 (6) The identification of sources of funding for

10 implementing the plan.

11 (7) A description and evaluation of the manage12 ment entity, including its membership and organiza13 tional structure.

14 (c) DISQUALIFICATION FROM FUNDING.—If a pro15 posed Management Plan is not submitted to the Secretary

16 within 3 years of the date of the enactment of this title,

17 the management entity shall be ineligible to receive addi18 tional funding under this title until the date on which the

19 Secretary receives the proposed Management Plan.

20 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

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

22 Ohio, shall approve or disapprove the proposed Manage23 ment Plan submitted under this title not later than 90

24 days after receiving such proposed Management Plan.
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1 (e) ACTION FOLLOWING DISAPPROVAL.—If the Sec2 retary disapproves a proposed Management Plan, the Sec3 retary shall advise the management entity in writing of

4 the reasons for the disapproval and shall make rec5 ommendations for revisions to the proposed Management

6 Plan. The Secretary shall approve or disapprove a pro7 posed revision within 90 days after the date it is sub8 mitted.

9 (f) APPROVAL OF AMENDMENTS.—The Secretary

10 shall review and approve substantial amendments to the

11 Management Plan. Funds appropriated under this title

12 may not be expended to implement any changes made by

13 such amendment until the Secretary approves the amend14 ment.

15 SEC. 207. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER

16 FEDERAL AGENCIES.

17 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon

18 the request of the management entity, the Secretary may

19 provide technical assistance, on a reimbursable or non20 reimbursable basis, and financial assistance to the Herit21 age Area to develop and implement the management plan.

22 The Secretary is authorized to enter into cooperative

23 agreements with the management entity and other public

24 or private entities for this purpose. In assisting the Herit-
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1 age Area, the Secretary shall give priority to actions that

2 in general assist in—

3 (1) conserving the significant natural, historic,

4 cultural, and scenic resources of the Heritage Area;

5 and

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

8 of the Heritage Area.

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

10 Federal agency conducting or supporting activities directly

11 affecting the Heritage Area shall—

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

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

16 this title;

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

20 (4) to the maximum extent practicable, conduct

21 or support such activities in a manner which the

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

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

4 The decisions concerning the execution of this title

5 as it applies to properties under the control of the Sec6 retary of Defense and the Administrator of the National

7 Aeronautics and Space Administration shall be made by

8 such Secretary or such Administrator, in consultation with

9 the Secretary of the Interior.

10 SEC. 209. REQUIREMENTS FOR INCLUSION OF PRIVATE

11 PROPERTY.

12 (a) NOTIFICATION AND CONSENT OF PROPERTY

13 OWNERS REQUIRED.—No privately owned property shall

14 be preserved, conserved, or promoted by the management

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

16 property has been notified in writing by the management

17 entity and has given written consent for such preservation,

18 conservation, or promotion to the management entity.

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

20 property included within the boundary of the Heritage

21 Area shall have their property immediately removed from

22 the boundary by submitting a written request to the man23 agement entity.

24 SEC. 210. PRIVATE PROPERTY PROTECTION.

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

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

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

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

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

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
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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. 211. AUTHORIZATION OF APPROPRIATIONS.

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

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

8 this title for any fiscal year.

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

10 the cost of activities carried out using any assistance or

11 grant under this title shall not exceed 50 percent.

12 SEC. 212. SUNSET PROVISION.

13 The authority of the Secretary to provide assistance

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

15 after the date that funds are first made available for this

16 title.

17 SEC. 213. STUDY REGARDING INCORPORATION OF WRIGHT

18 COMPANY FACTORY AS A UNIT OF DAYTON

19 AVIATION HERITAGE NATIONAL HISTORICAL

20 PARK.

21 (a) STUDY REQUIRED.—The Secretary shall conduct

22 a special resource study updating the study required under

23 section 104 of the Dayton Aviation Heritage Preservation

24 Act of 1992 (Public Law 102–419) and detailing alter25 natives for incorporating the Wright Company factory as
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1 a unit of Dayton Aviation Heritage National Historical

2 Park, including detailing management and development

3 options and costs for each alternative.

4 (b) CONSULTATION.—In conducting the study, the

5 Secretary shall consult with the Delphi Corporation, the

6 Aviation Heritage Foundation, State and local agencies,

7 and other interested parties in the area.

8 (c) REPORT.—Not later than three years after funds

9 are first made available for this section, the Secretary

10 shall submit to the Committee on Resources of the House

11 of Representatives and the Committee on Energy and

12 Natural Resources of the Senate a report describing the

13 results of the study conducted under this section.

14 TITLE III—NATIONAL COAL

15 HERITAGE AREA

16 SEC. 301. NATIONAL COAL HERITAGE AREA.

17 (a) NATIONAL COAL HERITAGE AREA AUTHORITY;

18 BOUNDARY REVISION.—Title I of division II of the Omni19 bus Parks and Public Lands Management Act of 1996

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

21 as follows:

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

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

24 the period: ‘‘; (2) Lincoln County, West Virginia;
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1 and (3) Paint Creek and Cabin Creek in Kanawha

2 County, West Virginia’’.

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

4 all that follows through ‘‘organizations’’ in the mat5 ter preceding paragraph (1) and inserting ‘‘National

6 Coal Heritage Area Authority, a public corporation

7 and government instrumentality established by the

8 State of West Virginia, pursuant to which the Sec9 retary shall assist the National Coal Heritage Area

10 Authority’’.

11 (3) In section 105—

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

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

14 sentence: ‘‘Resources within Lincoln County,

15 West Virginia, and Paint Creek and Cabin

16 Creek within Kanawha County, West Virginia,

17 shall also be eligible for assistance as deter18 mined by the National Coal Heritage Area Au19 thority.’’.

20 (4) In section 106(a)—

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

22 follows through ‘‘and Parks’’ and inserting

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

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

25 West Virginia’’ and all that follows through
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1 ‘‘entities’’ and inserting ‘‘National Coal Herit2 age Area Authority’’.

3 (b) AGREEMENT CONTINUING IN EFFECT.—The con4 tractual agreement entered into by the Secretary of the

5 Interior and the Governor of West Virginia prior to the

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

7 of title I of division II of the Omnibus Parks and Public

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

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

10 agreement shall be between the Secretary and the Na11 tional Coal Heritage Area Authority.

12 TITLE IV—COASTAL HERITAGE

13 TRAIL ROUTE IN NEW JERSEY

14 SEC. 401. REAUTHORIZATION OF APPROPRIATIONS FOR

15 COASTAL HERITAGE TRAIL ROUTE IN NEW

16 JERSEY.

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

18 100–515 (16 U.S.C. 1244 note) is amended—

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

20 ‘‘$4,000,000’’ and all that follows and inserting

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

22 (2) in subsection (c), by striking ‘‘10’’ and in23 serting ‘‘12’’.

24 (b) STRATEGIC PLAN.—
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1 (1) IN GENERAL.—The Secretary of the Inte2 rior shall, by not later than 2 years after the date

3 of the enactment of this Act, prepare a strategic

4 plan for the New Jersey Coastal Heritage Trail

5 Route.

6 (2) CONTENTS.—The strategic plan shall

7 describe—

8 (A) opportunities to increase participation

9 by national and local private and public inter10 ests in planning, development, and administra11 tion of the New Jersey Coastal Heritage Trail

12 Route; and

13 (B) organizational options for sustaining

14 the New Jersey Coastal Heritage Trail Route.

15 TITLE V—ILLINOIS AND MICHI16 GAN CANAL NATIONAL HERIT17 AGE CORRIDOR

18 SEC. 501. SHORT TITLE.

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

20 Canal National Heritage Corridor Act Amendments of

21 2004’’.
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1 SEC. 502. TRANSITION AND PROVISIONS FOR NEW MANAGE2 MENT ENTITY.

3 The Illinois and Michigan Canal National Heritage

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

5 note) is amended as follows:

6 (1) In section 103—

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

8 (B) in paragraph (9), by striking the pe9 riod and inserting ‘‘; and’’; and

10 (C) by adding at the end the following:

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

12 Corridor Association (an organization described

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

14 Code of 1986 and exempt from taxation under sec15 tion 501(a) of such Code).’’.

16 (2) By adding at the end of section 112 the fol17 lowing new paragraph:

18 ‘‘(7) The Secretary shall enter into a memo19 randum of understanding with the Association to

20 help ensure appropriate transition of the manage21 ment entity to the Association and coordination with

22 the Association regarding that role.’’.

23 (3) By adding at the end the following new sec24 tions:
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1 ‘‘SEC. 119. ASSOCIATION AS MANAGEMENT ENTITY.

2 ‘‘Upon the termination of the Commission, the man3 agement entity for the corridor shall be the Association.

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

5 ‘‘For purposes of preparing and implementing the

6 management plan developed under section 121, the Asso7 ciation may use Federal funds made available under this

8 title—

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

10 into cooperative agreements with, States and their

11 political subdivisions, private organizations, or any

12 person;

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

14 ‘‘(3) to enter into contracts for goods and serv15 ices.

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

17 ‘‘The Association shall—

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

19 approval under section 123 a proposed management

20 plan for the corridor not later than 2 years after

21 Federal funds are made available for this purpose;

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

23 forth in the management plan, including taking

24 steps to assist units of local government, regional

25 planning organizations, and other organizations—

26 ‘‘(A) in preserving the corridor;
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1 ‘‘(B) in establishing and maintaining inter2 pretive exhibits in the corridor;

3 ‘‘(C) in developing recreational resources

4 in the corridor;

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

6 appreciation for the natural, historical, and ar7 chitectural resources and sites in the corridor;

8 and

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

10 historic building relating to the themes of the

11 corridor;

12 ‘‘(3) encourage by appropriate means economic

13 viability in the corridor consistent with the goals of

14 the management plan;

15 ‘‘(4) consider the interests of diverse govern16 mental, business, and other groups within the cor17 ridor;

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

19 regarding the implementation of the management

20 plan;

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

22 increase of more than 20 percent in the cost esti23 mates for implementation) to the management plan

24 to the Secretary;
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1 ‘‘(7) for any year in which Federal funds have

2 been received under this title—

3 ‘‘(A) submit an annual report to the Sec4 retary setting forth the Association’s accom5 plishments, expenses and income, and the iden6 tity of each entity to which any loans and

7 grants were made during the year for which the

8 report is made;

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

10 pertaining to the expenditure of such funds and

11 any matching funds; and

12 ‘‘(C) require, for all agreements author13 izing expenditure of Federal funds by other or14 ganizations, that the receiving organizations

15 make available for audit all records pertaining

16 to the expenditure of such funds.

17 ‘‘SEC. 122. USE OF FEDERAL FUNDS.

18 ‘‘(1) IN GENERAL.—The Association shall not

19 use Federal funds received under this title to acquire

20 real property or an interest in real property.

21 ‘‘(2) OTHER SOURCES.—Nothing in this title

22 precludes the Association from using Federal funds

23 from other sources for authorized purposes.
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1 ‘‘SEC. 123. MANAGEMENT PLAN.

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

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

4 made available for this purpose, the Association shall sub5 mit to the Secretary for approval a proposed management

6 plan that shall—

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

8 plans and involve residents, local governments and

9 public agencies, and private organizations in the cor10 ridor;

11 ‘‘(2) present comprehensive recommendations

12 for the corridor’s conservation, funding, manage13 ment, and development;

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

15 by units of government and nongovernmental and

16 private organizations to protect the resources of the

17 corridor;

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

19 of funding to protect, manage, and develop the cor20 ridor; and

21 ‘‘(5) include the following:

22 ‘‘(A) Identification of the geographic

23 boundaries of the corridor.

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

25 corridor’s overall concept or vision that show
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1 key sites, visitor facilities and attractions, and

2 physical linkages.

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

4 strategies and tasks intended to reach them,

5 and a realistic schedule for completing the

6 tasks.

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

8 themes of the corridor.

9 ‘‘(E) Identification of parties proposed to

10 be responsible for carrying out the tasks.

11 ‘‘(F) A financial plan and other informa12 tion on costs and sources of funds.

13 ‘‘(G) A description of the public participa14 tion process used in developing the plan and a

15 proposal for public participation in the imple16 mentation of the management plan.

17 ‘‘(H) A mechanism and schedule for up18 dating the plan based on actual progress.

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

20 develop the management plan.

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

22 issues relating to the management plan.

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

25 within 2 years after the date that Federal funds are made
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1 available for this purpose, the Association shall be ineli2 gible to receive additional funds under this title until the

3 Secretary receives a proposed management plan from the

4 Association.

5 ‘‘(c) APPROVAL OF MANAGEMENT PLAN.—The Sec6 retary shall approve or disapprove a proposed manage7 ment plan submitted under this title not later than 180

8 days after receiving such proposed management plan. If

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

10 specified in the preceding sentence, the management plan

11 shall be deemed approved. The Secretary shall consult

12 with the local entities representing the diverse interests

13 of the corridor including governments, natural and historic

14 resource protection organizations, educational institutions,

15 businesses, recreational organizations, community resi16 dents, and private property owners prior to approving the

17 management plan. The Association shall conduct semi-an18 nual public meetings, workshops, and hearings to provide

19 adequate opportunity for the public and local and govern20 mental entities to review and to aid in the preparation and

21 implementation of the management plan.

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

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

24 management plan shall supersede the conceptual plan con25 tained in the National Park Service report.
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1 ‘‘(e) ACTION FOLLOWING DISAPPROVAL.—If the Sec2 retary disapproves a proposed management plan within

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

4 shall advise the Association in writing of the reasons for

5 the disapproval and shall make recommendations for revi6 sions to the proposed management plan.

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

8 shall review and approve all substantial amendments (in9 cluding any increase of more than 20 percent in the cost

10 estimates for implementation) to the management plan.

11 Funds made available under this title may not be ex12 pended to implement any changes made by a substantial

13 amendment until the Secretary approves that substantial

14 amendment.

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

16 OTHER FEDERAL AGENCIES.

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

18 Upon the request of the Association, the Secretary may

19 provide technical assistance, on a reimbursable or non20 reimbursable basis, and financial assistance to the Asso21 ciation to develop and implement the management plan.

22 The Secretary is authorized to enter into cooperative

23 agreements with the Association and other public or pri24 vate entities for this purpose. In assisting the Association,
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1 the Secretary shall give priority to actions that in general

2 assist in—

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

4 cultural, and scenic resources of the corridor; and

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

6 recreational opportunities consistent with the pur7 poses of the corridor.

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

9 Federal agency conducting or supporting activities directly

10 affecting the corridor shall—

11 ‘‘(1) consult with the Secretary and the Asso12 ciation with respect to such activities;

13 ‘‘(2) cooperate with the Secretary and the Asso14 ciation in carrying out their duties under this title;

15 ‘‘(3) to the maximum extent practicable, coordi16 nate such activities with the carrying out of such du17 ties; and

18 ‘‘(4) to the maximum extent practicable, con19 duct or support such activities in a manner which

20 the Association determines is not likely to have an

21 adverse effect on the corridor.

22 ‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

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

24 authorized to be appropriated $10,000,000, except that
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1 not more than $1,000,000 may be appropriated to carry

2 out this title for any fiscal year.

3 ‘‘(b) 50 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 of that cost.

6 ‘‘SEC. 126. SUNSET.

7 ‘‘The authority of the Secretary to provide assistance

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

9 SEC. 503. PRIVATE PROPERTY PROTECTION.

10 The Illinois and Michigan Canal National Heritage

11 Corridor Act of 1984 is further amended by adding after

12 section 126 (as added by section 502 of this title) the fol13 lowing new sections:

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

15 PROPERTY.

16 ‘‘(a) NOTIFICATION AND CONSENT OF PROPERTY

17 OWNERS REQUIRED.—No privately owned property shall

18 be preserved, conserved, or promoted by the management

19 plan for the corridor until the owner of that private prop20 erty has been notified in writing by the Association and

21 has given written consent for such preservation, conserva22 tion, or promotion to the Association.

23 ‘‘(b) LANDOWNER WITHDRAW.—Any owner of pri24 vate property included within the boundary of the corridor,

25 and not notified under subsection (a), shall have their
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1 property immediately removed from the boundary of the

2 corridor by submitting a written request to the Associa3 tion.

4 ‘‘SEC. 128. PRIVATE PROPERTY PROTECTION.

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

6 this title shall be construed to—

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

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

9 government access) to such private property; or

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

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

12 private property.

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

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

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

16 property owner with respect to any persons injured on

17 such private property.

18 ‘‘(c) RECOGNITION OF AUTHORITY TO CONTROL

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

20 modify the authority of Federal, State, or local govern21 ments to regulate land use.

22 ‘‘(d) PARTICIPATION OF PRIVATE PROPERTY OWN23 ERS IN CORRIDOR.—Nothing in this title shall be con24 strued to require the owner of any private property located
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1 within the boundaries of the corridor to participate in or

2 be associated with the corridor.

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

4 designated for the corridor represent the area within

5 which Federal funds appropriated for the purpose of this

6 title may be expended. The establishment of the corridor

7 and its boundaries shall not be construed to provide any

8 nonexisting regulatory authority on land use within the

9 corridor or its viewshed by the Secretary, the National

10 Park Service, or the Association.’’.

11 SEC. 504. TECHNICAL AMENDMENTS.

12 Section 116 of Illinois and Michigan Canal National

13 Heritage Corridor Act of 1984 is amended—

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

15 (2) in subsection (a)—

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

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

18 each’’;

19 (B) by striking ‘‘Commission’’ and insert20 ing ‘‘Association’’;

21 (C) by striking ‘‘Commission’s’’ and insert22 ing ‘‘Association’s’’;

23 (D) by redesignating paragraph (2) as sub24 section (b); and
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1 (E) by redesignating subparagraphs (A)

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

3 TITLE VI—OIL REGION

4 NATIONAL HERITAGE AREA

5 SEC. 601. SHORT TITLE; DEFINITIONS.

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

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

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

9 following definitions shall apply:

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

11 Area’’ means the Oil Region National Heritage Area

12 established in section 603(a).

13 (2) MANAGEMENT ENTITY.—The term ‘‘man14 agement entity’’ means the Oil Heritage Region,

15 Inc., or its successor entity.

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

17 the Secretary of the Interior.

18 SEC. 602. FINDINGS AND PURPOSE.

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

20 (1) The Oil Region of Northwestern Pennsyl21 vania, with numerous sites and districts listed on the

22 National Register of Historic Places, and designated

23 by the Governor of Pennsylvania as one of the State

24 Heritage Park Areas, is a region with tremendous
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1 physical and natural resources and possesses a story

2 of State, national, and international significance.

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

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

5 1859 has affected the industrial, natural, social, and

6 political structures of the modern world.

7 (3) Six national historic districts are located

8 within the State Heritage Park boundary, in

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

10 as 17 separate National Register sites.

11 (4) The Allegheny River, which was designated

12 as a component of the national wild and scenic riv13 ers system in 1992 by Public Law 102–271, tra14 verses the Oil Region and connects several of its

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

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

17 (5) The unspoiled rural character of the Oil Re18 gion provides many natural and recreational re19 sources, scenic vistas, and excellent water quality for

20 people throughout the United States to enjoy.

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

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

23 past for visitors, as do the historic valley settle24 ments, riverbed settlements, plateau developments,

25 farmlands, and industrial landscapes.
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1 (7) The Oil Region also represents a cross sec2 tion of American history associated with Native

3 Americans, frontier settlements, the French and In4 dian War, African Americans and the Underground

5 Railroad, and immigration of Swedish and Polish in6 dividuals, among others.

7 (8) Involvement by the Federal Government

8 shall serve to enhance the efforts of the Common9 wealth of Pennsylvania, local subdivisions of the

10 Commonwealth of Pennsylvania, volunteer organiza11 tions, and private businesses, to promote the cul12 tural, national, and recreational resources of the re13 gion in order to fulfill their full potential.

14 (b) PURPOSE.—The purpose of this title is to en15 hance a cooperative management framework to assist the

16 Commonwealth of Pennsylvania, its units of local govern17 ment, and area citizens in conserving, enhancing, and in18 terpreting the significant features of the lands, water, and

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

20 compatible economic development for the benefit and in21 spiration of present and future generations in the Com22 monwealth of Pennsylvania and the United States.

23 SEC. 603. OIL REGION NATIONAL HERITAGE AREA.

24 (a) ESTABLISHMENT.—There is hereby established

25 the Oil Region National Heritage Area.
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1 (b) BOUNDARIES.—The boundaries of the Heritage

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

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

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

5 on file in the appropriate offices of the National Park

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

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

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

9 of the boundaries established under this subsection.

10 (c) MANAGEMENT ENTITY.—The management entity

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

12 Inc., the locally based private, nonprofit management cor13 poration which shall oversee the development of a manage14 ment plan in accordance with section 605(b).

15 SEC. 604. COMPACT.

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

17 shall enter into a compact with the management entity.

18 The compact shall include information relating to the ob19 jectives and management of the area, including a discus20 sion of the goals and objectives of the Heritage Area, in21 cluding an explanation of the proposed approach to con22 servation and interpretation and a general outline of the

23 protection measures committed to by the Secretary and

24 management entity.
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1 SEC. 605. AUTHORITIES AND DUTIES OF MANAGEMENT EN2 TITY.

3 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.—

4 The management entity may use funds made available

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

6 implementing the management plan developed under sub7 section (b). Such purposes may include—

8 (1) making grants to, and entering into cooper9 ative agreements with, States and their political sub10 divisions, private organizations, or any other person;

11 (2) hiring and compensating staff; and

12 (3) undertaking initiatives that advance the

13 purposes of the Heritage Area.

14 (b) MANAGEMENT PLAN.—The management entity

15 shall develop a management plan for the Heritage Area

16 that—

17 (1) presents comprehensive strategies and rec18 ommendations for conservation, funding, manage19 ment, and development of the Heritage Area;

20 (2) takes into consideration existing State,

21 county, and local plans and involves residents, public

22 agencies, and private organizations working in the

23 Heritage Area;

24 (3) includes a description of actions that units

25 of government and private organizations have agreed
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1 to take to protect the resources of the Heritage

2 Area;

3 (4) specifies the existing and potential sources

4 of funding to protect, manage, and develop the Her5 itage Area;

6 (5) includes an inventory of the resources con7 tained in the Heritage Area, including a list of any

8 property in the Heritage Area that is related to the

9 themes of the Heritage Area and that should be pre10 served, restored, managed, developed, or maintained

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

12 or scenic significance;

13 (6) describes a program for implementation of

14 the management plan by the management entity, in15 cluding plans for restoration and construction, and

16 specific commitments for that implementation that

17 have been made by the management entity and any

18 other persons for the first 5 years of implementa19 tion;

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

21 Heritage Area proposed by the management entity

22 and requested by the affected local government; and

23 (8) includes an interpretation plan for the Her24 itage Area.

25 (c) DEADLINE; TERMINATION OF FUNDING.—
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1 (1) DEADLINE.—The management entity shall

2 submit the management plan to the Secretary within

3 2 years after the funds are made available for this

4 title.

5 (2) TERMINATION OF FUNDING.—If a manage6 ment plan is not submitted to the Secretary in ac7 cordance with this subsection, the management enti8 ty shall not qualify for Federal assistance under this

9 title.

10 (d) DUTIES OF MANAGEMENT ENTITY.—The man11 agement entity shall—

12 (1) give priority to implementing actions set

13 forth in the compact and management plan;

14 (2) assist units of government, regional plan15 ning organizations, and nonprofit organizations in—

16 (A) establishing and maintaining interpre17 tive exhibits in the Heritage Area;

18 (B) developing recreational resources in

19 the Heritage Area;

20 (C) increasing public awareness of and ap21 preciation for the natural, historical, and archi22 tectural resources and sites in the Heritage

23 Area;

24 (D) the restoration of any historic building

25 relating to the themes of the Heritage Area;
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1 (E) ensuring that clear signs identifying

2 access points and sites of interest are put in

3 place throughout the Heritage Area; and

4 (F) carrying out other actions that the

5 management entity determines to be advisable

6 to fulfill the purposes of this title;

7 (3) encourage by appropriate means economic

8 viability in the Heritage Area consistent with the

9 goals of the management plan;

10 (4) consider the interests of diverse govern11 mental, business, and nonprofit groups within the

12 Heritage Area; and

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

14 been provided to implement the management plan

15 under subsection (b)—

16 (A) conduct public meetings at least annu17 ally regarding the implementation of the man18 agement plan;

19 (B) submit an annual report to the Sec20 retary setting forth accomplishments, expenses

21 and income, and each person to which any

22 grant was made by the management entity in

23 the year for which the report is made; and

24 (C) require, for all agreements entered into

25 by the management entity authorizing expendi-
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1 ture of Federal funds by any other person, that

2 the person making the expenditure make avail3 able to the management entity for audit all

4 records pertaining to the expenditure of such

5 funds.

6 (e) PROHIBITION ON THE ACQUISITION OF REAL

7 PROPERTY.—The management entity may not use Fed8 eral funds received under this title to acquire real property

9 or an interest in real property.

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

11 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

12 (1) IN GENERAL.—

13 (A) OVERALL ASSISTANCE.—The Secretary

14 may, upon the request of the management enti15 ty, and subject to the availability of appropria16 tions, provide technical and financial assistance

17 to the management entity to carry out its du18 ties under this title, including updating and im19 plementing a management plan that is sub20 mitted under section 605(b) and approved by

21 the Secretary and, prior to such approval, pro22 viding assistance for initiatives.

23 (B) OTHER ASSISTANCE.—If the Secretary

24 has the resources available to provide technical

25 assistance to the management entity to carry
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1 out its duties under this title (including updat2 ing and implementing a management plan that

3 is submitted under section 605(b) and approved

4 by the Secretary and, prior to such approval,

5 providing assistance for initiatives), upon the

6 request of the management entity the Secretary

7 shall provide such assistance on a reimbursable

8 basis. This subparagraph does not preclude the

9 Secretary from providing nonreimbursable as10 sistance under subparagraph (A).

11 (2) PRIORITY.—In assisting the management

12 entity, the Secretary shall give priority to actions

13 that assist in the—

14 (A) implementation of the management

15 plan;

16 (B) provision of educational assistance and

17 advice regarding land and water management

18 techniques to conserve the significant natural

19 resources of the region;

20 (C) development and application of tech21 niques promoting the preservation of cultural

22 and historic properties;

23 (D) preservation, restoration, and reuse of

24 publicly and privately owned historic buildings;
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1 (E) design and fabrication of a wide range

2 of interpretive materials based on the manage3 ment plan, including guide brochures, visitor

4 displays, audio-visual and interactive exhibits,

5 and educational curriculum materials for public

6 education; and

7 (F) implementation of initiatives prior to

8 approval of the management plan.

9 (3) DOCUMENTATION OF STRUCTURES.—The

10 Secretary, acting through the Historic American

11 Building Survey and the Historic American Engi12 neering Record, shall conduct studies necessary to

13 document the industrial, engineering, building, and

14 architectural history of the Heritage Area.

15 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

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

17 of Pennsylvania, shall approve or disapprove a manage18 ment plan submitted under this title not later than 90

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

20 Secretary shall take into consideration the following cri21 teria:

22 (1) The extent to which the management plan

23 adequately preserves and protects the natural, cul24 tural, and historical resources of the Heritage Area.
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1 (2) The level of public participation in the de2 velopment of the management plan.

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

4 of the management entity is representative of the

5 local government and a wide range of interested or6 ganizations and citizens.

7 (c) ACTION FOLLOWING DISAPPROVAL.—If the Sec8 retary disapproves a management plan, the Secretary shall

9 advise the management entity in writing of the reasons

10 for the disapproval and shall make recommendations for

11 revisions in the management plan. The Secretary shall ap12 prove or disapprove a proposed revision within 90 days

13 after the date it is submitted.

14 (d) APPROVING CHANGES.—The Secretary shall re15 view and approve amendments to the management plan

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

17 Funds appropriated under this title may not be expended

18 to implement such changes until the Secretary approves

19 the amendments.

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

21 approve or disapprove a management plan, revision, or

22 change within 90 days after it is submitted to the Sec23 retary, then such management plan, revision, or change

24 shall be deemed to have been approved by the Secretary.
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1 SEC. 607. DUTIES OF OTHER FEDERAL ENTITIES.

2 Any Federal entity conducting or supporting activi3 ties directly affecting the Heritage Area shall—

4 (1) consult with the Secretary and the manage5 ment entity with respect to such activities;

6 (2) cooperate with the Secretary and the man7 agement entity in carrying out their duties under

8 this title and, to the maximum extent practicable,

9 coordinate such activities with the carrying out of

10 such duties; and

11 (3) to the maximum extent practicable, conduct

12 or support such activities in a manner that the man13 agement entity determines shall not have an adverse

14 effect on the Heritage Area.

15 SEC. 608. SUNSET.

16 The Secretary may not make any grant or provide

17 any assistance under this title after the expiration of the

18 15-year period beginning on the date that funds are first

19 made available for this title.

20 SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE

21 PROPERTY.

22 (a) NOTIFICATION AND CONSENT OF PROPERTY

23 OWNERS REQUIRED.—No privately owned property shall

24 be preserved, conserved, or promoted by the management

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

26 property has been notified in writing by the management
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1 entity and has given written consent for such preservation,

2 conservation, or promotion to the management entity.

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

4 property included within the boundary of the Heritage

5 Area shall have their property immediately removed from

6 the boundary by submitting a written request to the man7 agement entity.

8 SEC. 610. PRIVATE PROPERTY PROTECTION.

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

10 this title shall be construed to—

11 (1) require any private property owner to allow

12 public access (including Federal, State, or local gov13 ernment access) to such private property; or

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

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

16 private property.

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

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

19 any effect on any liability under any other law, of any pri20 vate property owner with respect to any persons injured

21 on such private property.

22 (c) RECOGNITION OF AUTHORITY TO CONTROL LAND

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

24 the authority of Federal, State, or local governments to

25 regulate land use.
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1 (d) PARTICIPATION OF PRIVATE PROPERTY OWNERS

2 IN HERITAGE AREA.—Nothing in this title shall be con3 strued to require the owner of any private property located

4 within the boundaries of the Heritage Area to participate

5 in or be associated with the Heritage Area.

6 (e) EFFECT OF ESTABLISHMENT.—The boundaries

7 designated for the Heritage Area represent the area within

8 which Federal funds appropriated for the purpose of this

9 title may be expended. The establishment of the Heritage

10 Area and its boundaries shall not be construed to provide

11 any nonexisting regulatory authority on land use within

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

13 National Park Service, or the management entity.

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

15 Nothing in this title shall preclude the management

16 entity from using Federal funds available under Acts other

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

18 authorized.

19 SEC. 612. AUTHORIZATION OF APPROPRIATIONS.

20 (a) IN GENERAL.—There are authorized to be appro21 priated to carry out this title—

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

23 year; and

24 (2) not more than a total of $10,000,000.
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1 (b) 50 PERCENT MATCH.—Financial assistance pro2 vided under this title may not be used to pay more than

3 50 percent of the total cost of any activity carried out with

4 that assistance.

Passed the House of Representatives July 19, 2004.

Attest:

Clerk.