II 

Calendar No. 658

108TH CONGRESS 

2D SESSION H. R. 4492

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2004

Received and read the first time 

JULY 21, 2004

Read the second time and placed on the calendar 

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, 

3 TITLE I—EXTENSIONS 

4 SECTION 101. AUTHORIZATION AND APPROPRIATION EX5 TENSIONS. 

6 Division II of the Omnibus Parks and Public Lands 

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

8 U.S.C. 461 note) is amended—
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1 (1) in each of sections 107, 208, 408, 507, 811, 

2 and 910, by striking ‘‘September 30, 2012’’ and in3 serting ‘‘September 30, 2027’’; 

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

5 508(a), 812(a), and 909(c), by striking 

6 ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and 

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

8 Heritage Corridor’’ each place it appears in the sec9 tion headings and text and inserting ‘‘National Her10 itage Canalway’’. 

11 TITLE II—NATIONAL AVIATION 

12 HERITAGE AREA 

13 SEC. 201. SHORT TITLE. 

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

15 Heritage Area Act’’. 

16 SEC. 202. FINDINGS AND PURPOSE. 

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

18 (1) Few technological advances have trans19 formed the world or our Nation’s economy, society, 

20 culture, and national character as the development 

21 of powered flight. 

22 (2) The industrial, cultural, and natural herit23 age legacies of the aviation and aerospace industry 

24 in the State of Ohio are nationally significant. 
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1 (3) Dayton, Ohio, and other defined areas 

2 where the development of the airplane and aerospace 

3 technology established our Nation’s leadership in 

4 both civil and military aeronautics and astronautics 

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

6 American Century. 

7 (4) Wright-Patterson Air Force Base in Day8 ton, Ohio, is the birthplace, the home, and an inte9 gral part of the future of aerospace. 

10 (5) The economic strength of our Nation is con11 nected integrally to the vitality of the aviation and 

12 aerospace industry, which is responsible for an esti13 mated 11,200,000 American jobs. 

14 (6) The industrial and cultural heritage of the 

15 aviation and aerospace industry in the State of Ohio 

16 includes the social history and living cultural tradi17 tions of several generations. 

18 (7) The Department of the Interior is respon19 sible for protecting and interpreting the Nation’s 

20 cultural and historic resources, and there are signifi21 cant examples of these resources within Ohio to 

22 merit the involvement of the Federal Government to 

23 develop programs and projects in cooperation with 

24 the Aviation Heritage Foundation, Incorporated, the 

25 State of Ohio, and other local and governmental en-
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1 tities to adequately conserve, protect, and interpret 

2 this heritage for the educational and recreational 

3 benefit of this and future generations of Americans, 

4 while providing opportunities for education and revi5 talization. 

6 (8) Since the enactment of the Dayton Aviation 

7 Heritage Preservation Act of 1992 (Public Law 

8 102–419), partnerships among the Federal, State, 

9 and local governments and the private sector have 

10 greatly assisted the development and preservation of 

11 the historic aviation resources in the Miami Valley. 

12 (9) An aviation heritage area centered in 

13 Southwest Ohio is a suitable and feasible manage14 ment option to increase collaboration, promote herit15 age tourism, and build on the established partner16 ships among Ohio’s historic aviation resources and 

17 related sites. 

18 (10) A critical level of collaboration among the 

19 historic aviation resources in Southwest Ohio cannot 

20 be achieved without a congressionally established na21 tional heritage area and the support of the National 

22 Park Service and other Federal agencies which own 

23 significant historic aviation-related sites in Ohio. 

24 (11) The Aviation Heritage Foundation, Incor25 porated, would be an appropriate management entity 
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1 to oversee the development of the National Aviation 

2 Heritage Area. 

3 (12) Five National Park Service and Dayton 

4 Aviation Heritage Commission studies and planning 

5 documents: ‘‘Study of Alternatives: Dayton’s Avia6 tion Heritage’’, ‘‘Dayton Aviation Heritage National 

7 Historical Park Suitability/Feasibility Study’’, ‘‘Day8 ton Aviation Heritage General Management Plan’’, 

9 ‘‘Dayton Historic Resources Preservation and Devel10 opment Plan’’, and Heritage Area Concept Study, 

11 demonstrated that sufficient historical resources 

12 exist to establish the National Aviation Heritage 

13 Area. 

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

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

16 that the preservation of properties nationally signifi17 cant in the history of aviation is an important goal 

18 for the future education of Americans. 

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

20 private sector interests have embraced the heritage 

21 area concept and desire to enter into a partnership 

22 with the Federal government to preserve, protect, 

23 and develop the Heritage Area for public benefit. 

24 (15) The National Aviation Heritage Area 

25 would complement and enhance the aviation-related 
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1 resources within the National Park Service, espe2 cially the Dayton Aviation Heritage National Histor3 ical Park, Ohio. 

4 (b) PURPOSE.—The purpose of this title is to estab5 lish the Heritage Area to—

6 (1) encourage and facilitate collaboration 

7 among the facilities, sites, organizations, govern8 mental entities, and educational institutions within 

9 the Heritage Area to promote heritage tourism and 

10 to develop educational and cultural programs for the 

11 public; 

12 (2) preserve and interpret for the educational 

13 and inspirational benefit of present and future gen14 erations the unique and significant contributions to 

15 our national heritage of certain historic and cultural 

16 lands, structures, facilities, and sites within the Na17 tional Aviation Heritage Area; 

18 (3) encourage within the National Aviation 

19 Heritage Area a broad range of economic opportuni20 ties enhancing the quality of life for present and fu21 ture generations; 

22 (4) provide a management framework to assist 

23 the State of Ohio, its political subdivisions, other 

24 areas, and private organizations, or combinations 

25 thereof, in preparing and implementing an inte-
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1 grated Management Plan to conserve their aviation 

2 heritage and in developing policies and programs 

3 that will preserve, enhance, and interpret the cul4 tural, historical, natural, recreation, and scenic re5 sources of the Heritage Area; and 

6 (5) authorize the Secretary to provide financial 

7 and technical assistance to the State of Ohio, its po8 litical subdivisions, and private organizations, or 

9 combinations thereof, in preparing and implementing 

10 the private Management Plan. 

11 SEC. 203. DEFINITIONS. 

12 For purposes of this title: 

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

14 Board of Directors of the Foundation. 

15 (2) FINANCIAL ASSISTANCE.—The term ‘‘finan16 cial assistance’’ means funds appropriated by Con17 gress and made available to the management entity 

18 for the purpose of preparing and implementing the 

19 Management Plan. 

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

21 Area’’ means the National Aviation Heritage Area 

22 established by section 104 to receive, distribute, and 

23 account for Federal funds appropriated for the pur24 pose of this title. 
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1 (4) MANAGEMENT PLAN.—The term ‘‘Manage2 ment Plan’’ means the management plan for the 

3 Heritage Area developed under section 106. 

4 (5) MANAGEMENT ENTITY.—The term ‘‘man5 agement entity’’ means the Aviation Heritage Foun6 dation, Incorporated (a nonprofit corporation estab7 lished under the laws of the State of Ohio). 

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

9 Federal, State, or local governmental entity, organi10 zation, private industry, educational institution, or 

11 individual involved in promoting the conservation 

12 and preservation of the cultural and natural re13 sources of the Heritage Area. 

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

15 the Secretary of the Interior. 

16 (8) TECHNICAL ASSISTANCE.—The term ‘‘tech17 nical assistance’’ means any guidance, advice, help, 

18 or aid, other than financial assistance, provided by 

19 the Secretary. 

20 SEC. 204. NATIONAL AVIATION HERITAGE AREA. 

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

22 States of Ohio and Indiana, the National Aviation Herit23 age Area. 

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

25 the following: 
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1 (1) A core area consisting of resources in Mont2 gomery, Greene, Warren, Miami, Clark, Champaign, 

3 Shelby, and Auglaize Counties in Ohio. 

4 (2) Space Museum, Wapakoneta, Ohio. 

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

6 core area recommended by the Management Plan. 

7 (c) MAP.—A map of the Heritage Area shall be in8 cluded in the Management Plan. The map shall be on file 

9 in the appropriate offices of the National Park Service, 

10 Department of the Interior. 

11 (d) MANAGEMENT ENTITY.—The management entity 

12 for the Heritage Area shall be the Aviation Heritage 

13 Foundation. 

14 SEC. 205. AUTHORITIES AND DUTIES OF THE MANAGEMENT 

15 ENTITY. 

16 (a) AUTHORITIES.—For purposes of implementing 

17 the Management Plan, the management entity may use 

18 Federal funds made available through this title to—

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

20 agreements with, the State of Ohio and political sub21 divisions of that State, private organizations, or any 

22 person; 

23 (2) hire and compensate staff; and 

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

25 (b) DUTIES.—The management entity shall—
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1 (1) develop and submit to the Secretary for ap2 proval the proposed Management Plan in accordance 

3 with section 106; 

4 (2) give priority to implementing actions set 

5 forth in the Management Plan, including taking 

6 steps to assist units of government and nonprofit or7 ganizations in preserving resources within the Herit8 age Area; 

9 (3) consider the interests of diverse govern10 mental, business, and nonprofit groups within the 

11 Heritage Area in developing and implementing the 

12 Management Plan; 

13 (4) maintain a collaboration among the part14 ners to promote heritage tourism and to assist part15 ners to develop educational and cultural programs 

16 for the public; 

17 (5) encourage economic viability in the Heritage 

18 Area consistent with the goals of the Management 

19 Plan; 

20 (6) assist units of government and nonprofit or21 ganizations in—

22 (A) establishing and maintaining interpre23 tive exhibits in the Heritage Area; 

24 (B) developing recreational resources in 

25 the Heritage Area; 
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1 (C) increasing public awareness of and ap2 preciation for the historical, natural, and archi3 tectural resources and sites in the Heritage 

4 Area; and 

5 (D) restoring historic buildings that relate 

6 to the purposes of the Heritage Area; 

7 (7) conduct public meetings at least quarterly 

8 regarding the implementation of the Management 

9 Plan; 

10 (8) submit substantial amendments to the Man11 agement Plan to the Secretary for the approval of 

12 the Secretary; and 

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

14 been received under this title—

15 (A) submit an annual report to the Sec16 retary that sets forth the accomplishments of 

17 the management entity and its expenses and in18 come; 

19 (B) make available to the Secretary for 

20 audit all records relating to the expenditure of 

21 such funds and any matching funds; and 

22 (C) require, with respect to all agreements 

23 authorizing expenditure of Federal funds by 

24 other organizations, that the receiving organiza25 tions make available to the Secretary for audit 
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1 all records concerning the expenditure of such 

2 funds. 

3 (c) USE OF FEDERAL FUNDS.—

4 (1) IN GENERAL.—The management entity 

5 shall not use Federal funds received under this title 

6 to acquire real property or an interest in real prop7 erty. 

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

9 precludes the management entity from using Federal 

10 funds from other sources for authorized purposes. 

11 SEC. 206. MANAGEMENT PLAN. 

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

13 after the date of the enactment of this title, the manage14 ment entity shall submit to the Secretary for approval a 

15 proposed Management Plan that shall take into consider16 ation State and local plans and involve residents, public 

17 agencies, and private organizations in the Heritage Area. 

18 (b) CONTENTS.—The Management Plan shall incor19 porate an integrated and cooperative approach for the pro20 tection, enhancement, and interpretation of the natural, 

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

22 Heritage Area and shall include the following: 

23 (1) An inventory of the resources contained in 

24 the core area of the Heritage Area, including the 

25 Dayton Aviation Heritage Historical Park, the sites, 
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1 buildings, and districts listed in section 202 of the 

2 Dayton Aviation Heritage Preservation Act of 1992 

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

4 the Heritage Area that is related to the themes of 

5 the Heritage Area and that should be preserved, re6 stored, managed, or maintained because of its sig7 nificance. 

8 (2) An assessment of cultural landscapes within 

9 the Heritage Area. 

10 (3) Provisions for the protection, interpretation, 

11 and enjoyment of the resources of the Heritage Area 

12 consistent with the purposes of this title. 

13 (4) An interpretation plan for the Heritage 

14 Area. 

15 (5) A program for implementation of the Man16 agement Plan by the management entity, including 

17 the following: 

18 (A) Facilitating ongoing collaboration 

19 among the partners to promote heritage tour20 ism and to develop educational and cultural 

21 programs for the public. 

22 (B) Assisting partners planning for res23 toration and construction. 

24 (C) Specific commitments of the partners 

25 for the first 5 years of operation. 
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1 (6) The identification of sources of funding for 

2 implementing the plan. 

3 (7) A description and evaluation of the manage4 ment entity, including its membership and organiza5 tional structure. 

6 (c) DISQUALIFICATION FROM FUNDING.—If a pro7 posed Management Plan is not submitted to the Secretary 

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

9 the management entity shall be ineligible to receive addi10 tional funding under this title until the date on which the 

11 Secretary receives the proposed Management Plan. 

12 (d) APPROVAL AND DISAPPROVAL OF MANAGEMENT

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

14 Ohio, shall approve or disapprove the proposed Manage15 ment Plan submitted under this title not later than 90 

16 days after receiving such proposed Management Plan. 

17 (e) ACTION FOLLOWING DISAPPROVAL.—If the Sec18 retary disapproves a proposed Management Plan, the Sec19 retary shall advise the management entity in writing of 

20 the reasons for the disapproval and shall make rec21 ommendations for revisions to the proposed Management 

22 Plan. The Secretary shall approve or disapprove a pro23 posed revision within 90 days after the date it is sub24 mitted. 
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1 (f) APPROVAL OF AMENDMENTS.—The Secretary 

2 shall review and approve substantial amendments to the 

3 Management Plan. Funds appropriated under this title 

4 may not be expended to implement any changes made by 

5 such amendment until the Secretary approves the amend6 ment. 

7 SEC. 207. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER 

8 FEDERAL AGENCIES. 

9 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon 

10 the request of the management entity, the Secretary may 

11 provide technical assistance, on a reimbursable or non12 reimbursable basis, and financial assistance to the Herit13 age Area to develop and implement the management plan. 

14 The Secretary is authorized to enter into cooperative 

15 agreements with the management entity and other public 

16 or private entities for this purpose. In assisting the Herit17 age Area, the Secretary shall give priority to actions that 

18 in general assist in—

19 (1) conserving the significant natural, historic, 

20 cultural, and scenic resources of the Heritage Area; 

21 and 

22 (2) providing educational, interpretive, and rec23 reational opportunities consistent with the purposes 

24 of the Heritage Area. 
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1 (b) DUTIES OF OTHER FEDERAL AGENCIES.—Any 

2 Federal agency conducting or supporting activities directly 

3 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; 

9 (3) to the maximum extent practicable, coordi10 nate such activities with the carrying out of such du11 ties; and 

12 (4) to the maximum extent practicable, conduct 

13 or support such activities in a manner which the 

14 management entity determines will not have an ad15 verse effect on the Heritage Area. 

16 SEC. 208. COORDINATION BETWEEN THE SECRETARY AND 

17 THE SECRETARY OF DEFENSE AND THE AD18 MINISTRATOR OF NASA. 

19 The decisions concerning the execution of this title 

20 as it applies to properties under the control of the Sec21 retary of Defense and the Administrator of the National 

22 Aeronautics and Space Administration shall be made by 

23 such Secretary or such Administrator, in consultation with 

24 the Secretary of the Interior. 
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1 SEC. 209. REQUIREMENTS FOR INCLUSION OF PRIVATE 

2 PROPERTY. 

3 (a) NOTIFICATION AND CONSENT OF PROPERTY

4 OWNERS REQUIRED.—No privately owned property shall 

5 be preserved, conserved, or promoted by the management 

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

7 property has been notified in writing by the management 

8 entity and has given written consent for such preservation, 

9 conservation, or promotion to the management entity. 

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

11 property included within the boundary of the Heritage 

12 Area shall have their property immediately removed from 

13 the boundary by submitting a written request to the man14 agement entity. 

15 SEC. 210. PRIVATE PROPERTY PROTECTION. 

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

17 this 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 

23 private 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-
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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 

6 regulate 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 

19 National Park Service, or the management entity. 

20 SEC. 211. AUTHORIZATION OF APPROPRIATIONS. 

21 (a) IN GENERAL.—To carry out this title there is au22 thorized to be appropriated $10,000,000, except that not 

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

24 this title for any fiscal year. 
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1 (b) FIFTY PERCENT MATCH.—The Federal share of 

2 the cost of activities carried out using any assistance or 

3 grant under this title shall not exceed 50 percent. 

4 SEC. 212. SUNSET PROVISION. 

5 The authority of the Secretary to provide assistance 

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

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

8 title. 

9 SEC. 213. STUDY REGARDING INCORPORATION OF WRIGHT 

10 COMPANY FACTORY AS A UNIT OF DAYTON 

11 AVIATION HERITAGE NATIONAL HISTORICAL 

12 PARK. 

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

14 a special resource study updating the study required under 

15 section 104 of the Dayton Aviation Heritage Preservation 

16 Act of 1992 (Public Law 102–419) and detailing alter17 natives for incorporating the Wright Company factory as 

18 a unit of Dayton Aviation Heritage National Historical 

19 Park, including detailing management and development 

20 options and costs for each alternative. 

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

22 Secretary shall consult with the Delphi Corporation, the 

23 Aviation Heritage Foundation, State and local agencies, 

24 and other interested parties in the area. 
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1 (c) REPORT.—Not later than three years after funds 

2 are first made available for this section, the Secretary 

3 shall submit to the Committee on Resources of the House 

4 of Representatives and the Committee on Energy and 

5 Natural Resources of the Senate a report describing the 

6 results of the study conducted under this section. 

7 TITLE III—NATIONAL COAL 

8 HERITAGE AREA 

9 SEC. 301. NATIONAL COAL HERITAGE AREA. 

10 (a) NATIONAL COAL HERITAGE AREA AUTHORITY; 

11 BOUNDARY REVISION.—Title I of division II of the Omni12 bus Parks and Public Lands Management Act of 1996 

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

14 as follows: 

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

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

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

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

19 County, West Virginia’’. 

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

21 all that follows through ‘‘organizations’’ in the mat22 ter preceding paragraph (1) and inserting ‘‘National 

23 Coal Heritage Area Authority, a public corporation 

24 and government instrumentality established by the 

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

2 Authority’’. 

3 (3) In section 105—

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

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

6 sentence: ‘‘Resources within Lincoln County, 

7 West Virginia, and Paint Creek and Cabin 

8 Creek within Kanawha County, West Virginia, 

9 shall also be eligible for assistance as deter10 mined by the National Coal Heritage Area Au11 thority.’’. 

12 (4) In section 106(a)—

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

14 follows through ‘‘and Parks’’ and inserting 

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

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

17 West Virginia’’ and all that follows through 

18 ‘‘entities’’ and inserting ‘‘National Coal Herit19 age Area Authority’’. 

20 (b) AGREEMENT CONTINUING IN EFFECT.—The con21 tractual agreement entered into by the Secretary of the 

22 Interior and the Governor of West Virginia prior to the 

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

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

25 Lands Management Act of 1996 (16 U.S.C. 461 note) 
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1 shall be deemed as continuing in effect, except that such 

2 agreement shall be between the Secretary and the Na3 tional Coal Heritage Area Authority. 

4 TITLE IV—COASTAL HERITAGE 

5 TRAIL ROUTE IN NEW JERSEY 

6 SEC. 401. REAUTHORIZATION OF APPROPRIATIONS FOR 

7 COASTAL HERITAGE TRAIL ROUTE IN NEW 

8 JERSEY. 

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

10 100–515 (16 U.S.C. 1244 note) is amended—

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

12 ‘‘$4,000,000’’ and all that follows and inserting 

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

14 (2) in subsection (c), by striking ‘‘10’’ and in15 serting ‘‘12’’. 

16 (b) STRATEGIC PLAN.—

17 (1) IN GENERAL.—The Secretary of the Inte18 rior shall, by not later than 2 years after the date 

19 of the enactment of this Act, prepare a strategic 

20 plan for the New Jersey Coastal Heritage Trail 

21 Route. 

22 (2) CONTENTS.—The strategic plan shall de23 scribe—

24 (A) opportunities to increase participation 

25 by national and local private and public inter-
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1 ests in planning, development, and administra2 tion of the New Jersey Coastal Heritage Trail 

3 Route; and 

4 (B) organizational options for sustaining 

5 the New Jersey Coastal Heritage Trail Route. 

6 TITLE V—ILLINOIS AND MICHI7 GAN CANAL NATIONAL HERIT8 AGE CORRIDOR 

9 SEC. 501. SHORT TITLE. 

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

11 Canal National Heritage Corridor Act Amendments of 

12 2004’’. 

13 SEC. 502. TRANSITION AND PROVISIONS FOR NEW MANAGE14 MENT ENTITY. 

15 The Illinois and Michigan Canal National Heritage 

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

17 note) is amended as follows: 

18 (1) In section 103—

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

20 (B) in paragraph (9), by striking the pe21 riod and inserting ‘‘; and’’; and 

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

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

24 Corridor Association (an organization described 

25 under section 501(c)(3) of the Internal Revenue 
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1 Code of 1986 and exempt from taxation under sec2 tion 501(a) of such Code).’’. 

3 (2) By adding at the end of section 112 the fol4 lowing new paragraph: 

5 ‘‘(7) The Secretary shall enter into a memo6 randum of understanding with the Association to 

7 help ensure appropriate transition of the manage8 ment entity to the Association and coordination with 

9 the Association regarding that role.’’. 

10 (3) By adding at the end the following new sec11 tions: 

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

13 ‘‘Upon the termination of the Commission, the man14 agement entity for the corridor shall be the Association. 

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

16 ‘‘For purposes of preparing and implementing the 

17 management plan developed under section 121, the Asso18 ciation may use Federal funds made available under this 

19 title—

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

21 into cooperative agreements with, States and their 

22 political subdivisions, private organizations, or any 

23 person; 

24 ‘‘(2) to hire, train, and compensate staff; and 
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1 ‘‘(3) to enter into contracts for goods and serv2 ices. 

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

4 ‘‘The Association shall—

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

6 approval under section 123 a proposed management 

7 plan for the corridor not later than 2 years after 

8 Federal funds are made available for this purpose; 

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

10 forth in the management plan, including taking 

11 steps to assist units of local government, regional 

12 planning organizations, and other organizations—

13 ‘‘(A) in preserving the corridor; 

14 ‘‘(B) in establishing and maintaining inter15 pretive exhibits in the corridor; 

16 ‘‘(C) in developing recreational resources 

17 in the corridor; 

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

19 appreciation for the natural, historical, and ar20 chitectural resources and sites in the corridor; 

21 and 

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

23 historic building relating to the themes of the 

24 corridor; 
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1 ‘‘(3) encourage by appropriate means economic 

2 viability in the corridor consistent with the goals of 

3 the management plan; 

4 ‘‘(4) consider the interests of diverse govern5 mental, business, and other groups within the cor6 ridor; 

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

8 regarding the implementation of the management 

9 plan; 

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

11 increase of more than 20 percent in the cost esti12 mates for implementation) to the management plan 

13 to the Secretary; 

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

15 been received under this title—

16 ‘‘(A) submit an annual report to the Sec17 retary setting forth the Association’s accom18 plishments, expenses and income, and the iden19 tity of each entity to which any loans and 

20 grants were made during the year for which the 

21 report is made; 

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

23 pertaining to the expenditure of such funds and 

24 any matching funds; and 
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1 ‘‘(C) require, for all agreements author2 izing expenditure of Federal funds by other or3 ganizations, that the receiving organizations 

4 make available for audit all records pertaining 

5 to the expenditure of such funds. 

6 ‘‘SEC. 122. USE OF FEDERAL FUNDS. 

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

8 use Federal funds received under this title to acquire 

9 real property or an interest in real property. 

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

11 precludes the Association from using Federal funds 

12 from other sources for authorized purposes. 

13 ‘‘SEC. 123. MANAGEMENT PLAN. 

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

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

16 made available for this purpose, the Association shall sub17 mit to the Secretary for approval a proposed management 

18 plan that shall—

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

20 plans and involve residents, local governments and 

21 public agencies, and private organizations in the cor22 ridor; 

23 ‘‘(2) present comprehensive recommendations 

24 for the corridor’s conservation, funding, manage25 ment, and development; 
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1 ‘‘(3) include actions proposed to be undertaken 

2 by units of government and nongovernmental and 

3 private organizations to protect the resources of the 

4 corridor; 

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

6 of funding to protect, manage, and develop the cor7 ridor; and 

8 ‘‘(5) include the following: 

9 ‘‘(A) Identification of the geographic 

10 boundaries of the corridor. 

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

12 corridor’s overall concept or vision that show 

13 key sites, visitor facilities and attractions, and 

14 physical linkages. 

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

16 strategies and tasks intended to reach them, 

17 and a realistic schedule for completing the 

18 tasks. 

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

20 themes of the corridor. 

21 ‘‘(E) Identification of parties proposed to 

22 be responsible for carrying out the tasks. 

23 ‘‘(F) A financial plan and other informa24 tion on costs and sources of funds. 
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1 ‘‘(G) A description of the public participa2 tion process used in developing the plan and a 

3 proposal for public participation in the imple4 mentation of the management plan. 

5 ‘‘(H) A mechanism and schedule for up6 dating the plan based on actual progress. 

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

8 develop the management plan. 

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

10 issues relating to the management plan. 

11 ‘‘(b) DISQUALIFICATION FROM FUNDING.—If a pro12 posed management plan is not submitted to the Secretary 

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

14 available for this purpose, the Association shall be ineli15 gible to receive additional funds under this title until the 

16 Secretary receives a proposed management plan from the 

17 Association. 

18 ‘‘(c) APPROVAL OF MANAGEMENT PLAN.—The Sec19 retary shall approve or disapprove a proposed manage20 ment plan submitted under this title not later than 180 

21 days after receiving such proposed management plan. If 

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

23 specified in the preceding sentence, the management plan 

24 shall be deemed approved. The Secretary shall consult 

25 with the local entities representing the diverse interests 
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1 of the corridor including governments, natural and historic 

2 resource protection organizations, educational institutions, 

3 businesses, recreational organizations, community resi4 dents, and private property owners prior to approving the 

5 management plan. The Association shall conduct semi-an6 nual public meetings, workshops, and hearings to provide 

7 adequate opportunity for the public and local and govern8 mental entities to review and to aid in the preparation and 

9 implementation of the management plan. 

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

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

12 management plan shall supersede the conceptual plan con13 tained in the National Park Service report. 

14 ‘‘(e) ACTION FOLLOWING DISAPPROVAL.—If the Sec15 retary disapproves a proposed management plan within 

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

17 shall advise the Association in writing of the reasons for 

18 the disapproval and shall make recommendations for revi19 sions to the proposed management plan. 

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

21 shall review and approve all substantial amendments (in22 cluding any increase of more than 20 percent in the cost 

23 estimates for implementation) to the management plan. 

24 Funds made available under this title may not be ex25 pended to implement any changes made by a substantial 
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1 amendment until the Secretary approves that substantial 

2 amendment. 

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

4 OTHER FEDERAL AGENCIES. 

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

6 Upon the request of the Association, the Secretary may 

7 provide technical assistance, on a reimbursable or non8 reimbursable basis, and financial assistance to the Asso9 ciation to develop and implement the management plan. 

10 The Secretary is authorized to enter into cooperative 

11 agreements with the Association and other public or pri12 vate entities for this purpose. In assisting the Association, 

13 the Secretary shall give priority to actions that in general 

14 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 Asso24 ciation 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 title; 

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, con7 duct or support such activities in a manner which 

8 the Association determines is not likely to have an 

9 adverse effect on the corridor. 

10 ‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS. 

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

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

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

14 out this title 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 title shall not exceed 50 percent of that cost. 

18 ‘‘SEC. 126. SUNSET. 

19 ‘‘The authority of the Secretary to provide assistance 

20 under this title 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

4 OWNERS REQUIRED.—No privately owned property shall 

5 be preserved, conserved, or promoted by the management 

6 plan for the corridor until the owner of that private prop7 erty has been notified in writing by the Association and 

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

10 ‘‘(b) LANDOWNER WITHDRAW.—Any owner of pri11 vate property included within the boundary of the corridor, 

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

13 property immediately removed from the boundary of the 

14 corridor by submitting a written request to the Associa15 tion. 

16 ‘‘SEC. 128. PRIVATE PROPERTY PROTECTION. 

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

18 this title shall be construed to—

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

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

21 government access) to such private property; or 

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

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

24 private property. 

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

26 not be considered to create any liability, or to have any 
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1 effect on any liability under any other law, of any private 

2 property owner with respect to any persons injured on 

3 such private property. 

4 ‘‘(c) RECOGNITION OF AUTHORITY TO CONTROL

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

6 modify the authority of Federal, State, or local govern7 ments to regulate land use. 

8 ‘‘(d) PARTICIPATION OF PRIVATE PROPERTY OWN9 ERS IN CORRIDOR.—Nothing in this title shall be con10 strued to require the owner of any private property located 

11 within the boundaries of the corridor to participate in or 

12 be associated with the corridor. 

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

14 designated for the corridor represent the area within 

15 which Federal funds appropriated for the purpose of this 

16 title may be expended. The establishment of the corridor 

17 and its boundaries shall not be construed to provide any 

18 nonexisting regulatory authority on land use within the 

19 corridor or its viewshed by the Secretary, the National 

20 Park Service, or the Association.’’. 

21 SEC. 504. TECHNICAL AMENDMENTS. 

22 Section 116 of Illinois and Michigan Canal National 

23 Heritage Corridor Act of 1984 is amended—

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

25 (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 

16 ‘‘Oil 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 ‘‘man23 agement entity’’ means the Oil Heritage Region, 

24 Inc., or 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 

14 1859 has affected the industrial, natural, social, and 

15 political 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 riv22 ers system in 1992 by Public Law 102–271, tra23 verses the Oil Region and connects several of its 

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

25 such as Oil Creek, 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 settle8 ments, riverbed settlements, plateau developments, 

9 farmlands, and industrial landscapes. 

10 (7) The Oil Region also represents a cross sec11 tion of American history associated with Native 

12 Americans, frontier settlements, the French and In13 dian War, African Americans and the Underground 

14 Railroad, and immigration of Swedish and Polish in15 dividuals, among others. 

16 (8) Involvement by the Federal Government 

17 shall serve to enhance the efforts of the Common18 wealth of Pennsylvania, local subdivisions of the 

19 Commonwealth of Pennsylvania, volunteer organiza20 tions, and private businesses, to promote the cul21 tural, national, and recreational resources of the re22 gion in order to fulfill their full potential. 

23 (b) PURPOSE.—The purpose of this title is to en24 hance a cooperative management framework to assist the 

25 Commonwealth of Pennsylvania, its units of local govern-
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1 ment, and area citizens in conserving, enhancing, and in2 terpreting 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 in5 spiration of present and future generations in the Com6 monwealth of Pennsylvania and the United States. 

7 SEC. 603. OIL REGION NATIONAL HERITAGE AREA. 

8 (a) ESTABLISHMENT.—There is hereby established 

9 the 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 

12 entitled ‘‘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 

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

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

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

18 of the boundaries established under this subsection. 

19 (c) MANAGEMENT ENTITY.—The management entity 

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

21 Inc., the locally based private, nonprofit management cor22 poration which shall oversee the development of a manage23 ment 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. 

4 The compact shall include information relating to the ob5 jectives and management of the area, including a discus6 sion of the goals and objectives of the Heritage Area, in7 cluding an explanation of the proposed approach to con8 servation and interpretation and a general outline of the 

9 protection measures committed to by the Secretary and 

10 management entity. 

11 SEC. 605. AUTHORITIES AND DUTIES OF MANAGEMENT EN12 TITY. 

13 (a) AUTHORITIES OF THE MANAGEMENT ENTITY.—

14 The management entity may use funds made available 

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

16 implementing the management plan developed under sub17 section (b). Such purposes may include—

18 (1) making grants to, and entering into cooper19 ative agreements with, States and their political sub20 divisions, private organizations, or any other person; 

21 (2) hiring and compensating staff; and 

22 (3) undertaking initiatives that advance the 

23 purposes of the Heritage Area. 

24 (b) MANAGEMENT PLAN.—The management entity 

25 shall develop a management plan for the Heritage Area 

26 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, 

5 county, 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 

11 Area; 

12 (4) specifies the existing and potential sources 

13 of funding to protect, manage, and develop the Her14 itage Area; 

15 (5) includes an inventory of the resources con16 tained in the Heritage Area, including a list of any 

17 property in the Heritage Area that is related to the 

18 themes of the Heritage Area and that should be pre19 served, restored, managed, developed, or maintained 

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

21 or scenic significance; 

22 (6) describes a program for implementation of 

23 the management plan by the management entity, in24 cluding plans for restoration and construction, and 

25 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 implementa3 tion; 

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

5 Heritage Area proposed by the management entity 

6 and requested by the affected local government; and 

7 (8) includes an interpretation plan for the Her8 itage Area. 

9 (c) DEADLINE; TERMINATION OF FUNDING.—

10 (1) DEADLINE.—The management entity shall 

11 submit the management plan to the Secretary within 

12 2 years after the funds are made available for this 

13 title. 

14 (2) TERMINATION OF FUNDING.—If a manage15 ment plan is not submitted to the Secretary in ac16 cordance with this subsection, the management enti17 ty shall not qualify for Federal assistance under this 

18 title. 

19 (d) DUTIES OF MANAGEMENT ENTITY.—The man20 agement entity shall—

21 (1) give priority to implementing actions set 

22 forth in the compact and management plan; 

23 (2) assist units of government, regional plan24 ning organizations, and nonprofit organizations in—
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1 (A) establishing and maintaining interpre2 tive exhibits in the Heritage Area; 

3 (B) developing recreational resources in 

4 the Heritage Area; 

5 (C) increasing public awareness of and ap6 preciation for the natural, historical, and archi7 tectural resources and sites in the Heritage 

8 Area; 

9 (D) the restoration of any historic building 

10 relating to the themes of the Heritage Area; 

11 (E) ensuring that clear signs identifying 

12 access points and sites of interest are put in 

13 place throughout the Heritage Area; and 

14 (F) carrying out other actions that the 

15 management entity determines to be advisable 

16 to fulfill the purposes of this title; 

17 (3) encourage by appropriate means economic 

18 viability in the Heritage Area consistent with the 

19 goals of the management plan; 

20 (4) consider the interests of diverse govern21 mental, business, and nonprofit groups within the 

22 Heritage Area; and 

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

24 been provided to implement the management plan 

25 under subsection (b)—
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1 (A) conduct public meetings at least annu2 ally regarding the implementation of the man3 agement plan; 

4 (B) submit an annual report to the Sec5 retary setting forth accomplishments, expenses 

6 and income, and each person to which any 

7 grant was made by the management entity in 

8 the year for which the report is made; and 

9 (C) require, for all agreements entered into 

10 by the management entity authorizing expendi11 ture of Federal funds by any other person, that 

12 the person making the expenditure make avail13 able to the management entity for audit all 

14 records pertaining to the expenditure of such 

15 funds. 

16 (e) PROHIBITION ON THE ACQUISITION OF REAL

17 PROPERTY.—The management entity may not use Fed18 eral funds received under this title to acquire real property 

19 or an interest in real property. 

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

21 (a) TECHNICAL AND FINANCIAL ASSISTANCE.—

22 (1) IN GENERAL.—

23 (A) OVERALL ASSISTANCE.—The Secretary 

24 may, upon the request of the management enti25 ty, and subject to the availability of appropria-
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1 tions, provide technical and financial assistance 

2 to the management entity to carry out its du3 ties under this title, including updating and im4 plementing a management plan that is sub5 mitted under section 605(b) and approved by 

6 the Secretary and, prior to such approval, pro7 viding assistance for initiatives. 

8 (B) OTHER ASSISTANCE.—If the Secretary 

9 has the resources available to provide technical 

10 assistance to the management entity to carry 

11 out its duties under this title (including updat12 ing and implementing a management plan that 

13 is submitted under section 605(b) and approved 

14 by the Secretary and, prior to such approval, 

15 providing assistance for initiatives), upon the 

16 request of the management entity the Secretary 

17 shall provide such assistance on a reimbursable 

18 basis. This subparagraph does not preclude the 

19 Secretary from providing nonreimbursable as20 sistance under subparagraph (A). 

21 (2) PRIORITY.—In assisting the management 

22 entity, the Secretary shall give priority to actions 

23 that assist in the—

24 (A) implementation of the management 

25 plan; 
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1 (B) provision of educational assistance and 

2 advice regarding land and water management 

3 techniques to conserve the significant natural 

4 resources of the region; 

5 (C) development and application of tech6 niques promoting the preservation of cultural 

7 and historic properties; 

8 (D) preservation, restoration, and reuse of 

9 publicly and privately owned historic buildings; 

10 (E) design and fabrication of a wide range 

11 of interpretive materials based on the manage12 ment plan, including guide brochures, visitor 

13 displays, audio-visual and interactive exhibits, 

14 and educational curriculum materials for public 

15 education; and 

16 (F) implementation of initiatives prior to 

17 approval of the management plan. 

18 (3) DOCUMENTATION OF STRUCTURES.—The 

19 Secretary, acting through the Historic American 

20 Building Survey and the Historic American Engi21 neering Record, shall conduct studies necessary to 

22 document the industrial, engineering, building, and 

23 architectural history of the Heritage Area. 

24 (b) APPROVAL AND DISAPPROVAL OF MANAGEMENT

25 PLANS.—The Secretary, in consultation with the Governor 
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1 of Pennsylvania, shall approve or disapprove a manage2 ment plan submitted under this title not later than 90 

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

4 Secretary shall take into consideration the following cri5 teria: 

6 (1) The extent to which the management plan 

7 adequately preserves and protects the natural, cul8 tural, and historical resources of the Heritage Area. 

9 (2) The level of public participation in the de10 velopment of the management plan. 

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

12 of the management entity is representative of the 

13 local government and a wide range of interested or14 ganizations and citizens. 

15 (c) ACTION FOLLOWING DISAPPROVAL.—If the Sec16 retary disapproves a management plan, the Secretary shall 

17 advise the management entity in writing of the reasons 

18 for the disapproval and shall make recommendations for 

19 revisions in the management plan. The Secretary shall ap20 prove or disapprove a proposed revision within 90 days 

21 after the date it is submitted. 

22 (d) APPROVING CHANGES.—The Secretary shall re23 view and approve amendments to the management plan 

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

25 Funds appropriated under this title may not be expended 
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1 to implement such changes until the Secretary approves 

2 the amendments. 

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

4 approve or disapprove a management plan, revision, or 

5 change within 90 days after it is submitted to the Sec6 retary, then such management plan, revision, or change 

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

8 SEC. 607. DUTIES OF OTHER FEDERAL ENTITIES. 

9 Any Federal entity conducting or supporting activi10 ties directly affecting the Heritage Area shall—

11 (1) consult with the Secretary and the manage12 ment entity with respect to such activities; 

13 (2) cooperate with the Secretary and the man14 agement entity in carrying out their duties under 

15 this title and, to the maximum extent practicable, 

16 coordinate such activities with the carrying out of 

17 such duties; and 

18 (3) to the maximum extent practicable, conduct 

19 or support such activities in a manner that the man20 agement entity determines shall not have an adverse 

21 effect on the Heritage Area. 

22 SEC. 608. SUNSET. 

23 The Secretary may not make any grant or provide 

24 any assistance under this title after the expiration of the 
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1 15-year period beginning on the date that funds are first 

2 made available for this title. 

3 SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE 

4 PROPERTY. 

5 (a) NOTIFICATION AND CONSENT OF PROPERTY

6 OWNERS REQUIRED.—No privately owned property shall 

7 be preserved, conserved, or promoted by the management 

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

9 property has been notified in writing by the management 

10 entity and has given written consent for such preservation, 

11 conservation, or promotion to the management entity. 

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

13 property included within the boundary of the Heritage 

14 Area shall have their property immediately removed from 

15 the boundary by submitting a written request to the man16 agement entity. 

17 SEC. 610. PRIVATE PROPERTY PROTECTION. 

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

19 this 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 

25 private 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 

9 regulate 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 

22 National Park Service, or the management entity. 

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

24 Nothing in this title shall preclude the management 

25 entity from using Federal funds available under Acts other 
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1 than this title for the purposes for which those funds were 

2 authorized. 

3 SEC. 612. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There are authorized to be appro5 priated to carry out this title—

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

7 year; and 

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

9 (b) 50 PERCENT MATCH.—Financial assistance pro10 vided under this title may not be used to pay more than 

11 50 percent of the total cost of any activity carried out with 

12 that assistance.

Passed the House of Representatives July 19, 2004. 

Attest: JEFF TRANDAHL, 

Clerk. 

Calendar No. 658

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, and Management Act of 1996 to extend the authorJULY 21, 2004

Read the second time and placed on the calendar