(B) on expiration of the 5-year period de-
scribed in subparagraph (A), a private non-
profit or governmental organization designated 
by the Commission. 
(2) AUTHORITIES.—For purposes of imple-
menting the management plan, the local coordi-
nating entity designated under paragraph (1)(B) 
may use funds made available under this Act to— 
(A) make grants to, and enter into cooper-
ative agreements with, the State (including a 
political subdivision of the State), nonprofit or-
ganizations, or any person; 
(B) hire and compensate staff; and 
(C) enter into contracts for goods and 
services. 
(3) DUTIES.—Beginning on the date described 
in paragraph (1)(B), the local coordinating entity 
designated by the Commission under paragraph 
(1)(B) shall assume the duties of the Commission 
described in section 5(h), other than the duties de-
scribed in paragraphs (1) and (8) of section 5(h). 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
SEC. 5. NIAGARA FALLS NATIONAL HERITAGE AREA COM-
MISSION. 
(a) ESTABLISHMENT.—There is established within 
the Department of the Interior the Niagara Falls National 
Heritage Area Commission. 
(b) MEMBERSHIP.—The Commission shall be com-
posed of 17 members, of whom— 
(1) 1 member shall be the Director of the Na-
tional Park Service (or a designee); 
(2) 5 members shall be appointed by the Sec-
retary, on the recommendation of the Governor, 
from among individuals with knowledge and experi-
ence of— 
(A) the New York State Office of Parks, 
Recreation and Historic Preservation, the Niag-
ara River Greenway Commission, the New York 
Power Authority, the USA Niagara Develop-
ment Corporation, and the Niagara Tourism 
and Convention Corporation; or 
(B) any successors of the agencies de-
scribed in subparagraph (A); 
(3) 1 member shall be appointed by the Sec-
retary, on the recommendation of the mayor of Ni-
agara Falls, New York; 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
(4) 1 member shall be appointed by the Sec-
retary, on the recommendation of the mayor of the 
village of Youngstown, New York; 
(5) 1 member shall be appointed by the Sec-
retary, on the recommendation of the mayor of the 
village of Lewiston, New York; 
(6) 1 member shall be appointed by the Sec-
retary, on the recommendation of the Tuscarora Na-
tion; 
(7) 1 member shall be appointed by the Sec-
retary, on the recommendation of the Seneca Nation 
of Indians; and 
(8) 6 members shall be individuals that have an 
interest in, support for, and expertise appropriate to 
tourism, regional planning, history and historic pres-
ervation, cultural or natural resource management, 
conservation, recreation, and education, or museum 
services, of whom— 
(A) 4 members shall be appointed by the 
Secretary, on the recommendation of the 2 
members of the Senate from the State; and 
(B) 2 members shall be appointed by the 
Secretary, on the recommendation of the mem-
ber of the House of Representatives whose dis-
trict encompasses the Heritage Area. 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
(c) TERMS; VACANCIES.— 
(1) TERM.—A member of the Commission shall 
be appointed for a term not to exceed 5 years. 
(2) VACANCIES.— 
(A) PARTIAL TERM.—A member appointed 
to fill a vacancy on the Commission shall serve 
for the remainder of the term for which the 
predecessor of the member was appointed. 
(B) IN GENERAL.—A vacancy on the Com-
mission shall be filled in the same manner as 
the original appointment was made. 
(d) CHAIRPERSON AND VICE CHAIRPERSON.— 
(1) SELECTION.—The Commission shall select 
a Chairperson and Vice Chairperson from among the 
members of the Commission. 
(2) VICE CHAIRPERSON.—The Vice Chairperson 
shall serve as the Chairperson in the absence of the 
Chairperson. 
(e) QUORUM.— 
(1) IN GENERAL.—A majority of the members 
of the Commission shall constitute a quorum. 
(2) TRANSACTION.—For the transaction of any 
business or the exercise of any power of the Com-
mission, the Commission shall have the power to act 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
by a majority vote of the members present at any 
meeting at which a quorum is in attendance. 
(f) MEETINGS.— 
(1) IN GENERAL.—The Commission shall meet 
at least quarterly at the call of— 
(A) the Chairperson; or 
(B) a majority of the members of the Com-
mission. 
(2) NOTICE.—Notice of Commission meetings 
and agendas for the meetings shall be published in 
local newspapers that are distributed throughout the 
Heritage Area. 
(3) APPLICABLE LAW.—Meetings of the Com-
mission shall be subject to section 552b of title 5, 
United States Code. 
(g) POWERS OF THE COMMISSION.—To the extent 
that Federal funds are appropriated, the Commission 
may— 
(1) enter into contracts and execute any instru-
ments necessary or appropriate to carry out the pur-
poses for which the Commission is established, in-
cluding the authority to procure temporary and 
intermittent services and administrative facilities at 
rates determined to be reasonable by the Commis-
sion to carry out the duties of the Commission; 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
(2) appoint and fix the compensation of any 
staff that may be necessary to carry out the duties 
of the Commission; 
(3) request and accept from the head of any 
Federal agency, on a reimbursable or nonreimburs-
able basis, any personnel of the Federal agency to 
the Commission to assist in carrying out the duties 
of the Commission; 
(4) request and accept from the head of any 
State agency or any agency of a political subdivision 
of the State, on a reimbursable or nonreimbursable 
basis, any personnel of the agency to the Commis-
sion to assist in carrying out the duties of the Com-
mission; 
(5) make grants to assist in the development 
and implementation of the management plan; 
(6) negotiate and enter into any cooperative 
agreement, lease, contract, or other arrangement 
with any person, firm, association, organization, cor-
poration, or governmental entity, including Federal, 
State, tribal, and local government entities, that is 
necessary to carry out the activities of the Commis-
sion; 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
(7) seek, accept, and dispose of gifts, bequests, 
grants, or donations of money, personal property, or 
services; 
(8) assist in— 
(A) developing educational, informational, 
and interpretive programs and facilities; and 
(B) any other activities that may promote 
the implementation of the management plan; 
(9) use the United States mails in the same 
manner as other agencies of the Federal Govern-
ment; 
(10) establish any advisory groups that the 
Commission determines to be necessary; and 
(11) adopt, amend, and enforce bylaws and 
rules governing the manner in which— 
(A) the business of the Commission may be 
conducted; and 
(B) the powers vested in the Commission 
may be exercised. 
(h) DUTIES OF THE COMMISSION.—To further the 
purposes of the Heritage Area, the Commission shall— 
(1) in accordance with section 6, develop and 
submit to the Secretary for approval a management 
plan; 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
(2) assist units of local government, regional 
planning organizations, and nonprofit organizations 
in implementing the management plan by— 
(A) carrying out programs and projects 
that recognize, protect, and enhance important 
resource values within the Heritage Area; 
(B) establishing and maintaining interpre-
tive exhibits and programs within the Heritage 
Area; 
(C) developing recreational and educational 
opportunities in the Heritage Area; 
(D) increasing public awareness of, and 
appreciation for, natural, historic, scenic, and 
cultural resources of the Heritage Area; 
(E) protecting and restoring historic sites 
and buildings in the Heritage Area that are 
consistent with the themes of the Heritage 
Area; 
(F) ensuring that clear, consistent, and ap-
propriate signs identifying points of public ac-
cess and sites of interest are posted throughout 
the Heritage Area; and 
(G) promoting a wide range of partner-
ships among governments, organizations, and 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
individuals to further the purposes of the Herit-
age Area; 
(3) consider the interests of diverse units of 
government, businesses, organizations, and individ-
uals in the Heritage Area in the development and 
implementation of the management plan; 
(4) conduct meetings open to the public regard-
ing the development and implementation of the man-
agement plan; 
(5) coordinate projects, activities, and programs 
with the Erie Canalway National Heritage Corridor; 
(6) for any fiscal year for which Federal funds 
have been received by the Commission under this 
Act— 
(A) submit an annual report to the Sec-
retary that describes— 
(i) the specific performance goals and 
accomplishments of the local coordinating 
entity; 
(ii) the expenses and income of the 
local coordinating entity; 
(iii) the amounts and sources of 
matching funds; 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
(iv) the amounts leveraged with Fed-
eral funds and the sources of the 
leveraging; and 
(v) any grants made to any other enti-
ties during the fiscal year; 
(B) make available to the Secretary for 
audit any records containing information relat-
ing to the expenditure of Federal funds and any 
matching funds; and 
(C) require, with respect to all agreements 
authorizing the expenditure of Federal funds by 
other organizations, that the organization re-
ceiving the funds make available to the Sec-
retary for audit all records and other informa-
tion concerning the expenditure of the funds; 
(7) encourage, by appropriate means and con-
sistent with the purposes of the Heritage Area, the 
economic viability of the Heritage Area; and 
(8) assist in the transition of the management 
of the Heritage Area from the Commission to the 
local coordinating entity designated under section 
4(d)(1)(B). 
(i) COMPENSATION OF MEMBERS.— 
(1) IN GENERAL.—A member of the Commis-
sion shall serve without compensation. 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
(2) TRAVEL
EXPENSES.—A member of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for an employee of an agency under subchapter 
I of chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in the performance of the duties of the 
Commission. 
(j) GIFTS.—For purposes of section 170(c) of the In-
ternal Revenue Code of 1986, any gift or charitable con-
tribution to the Commission shall be considered to be a 
charitable contribution or gift to the United States. 
(k) USE OF FEDERAL FUNDS.—Except as provided 
for the leasing of administrative facilities under subsection 
(g)(1), the Commission may not use Federal funds made 
available to the Commission under this Act to acquire any 
real property or interest in real property. 
SEC. 6. MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 3 years after the 
date on which funds are first made available to carry out 
this Act, the Commission shall submit to the Secretary 
for approval a management plan for the Heritage Area. 
(b) REQUIREMENTS.—The management plan shall— 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
(1) include comprehensive policies, strategies, 
and recommendations for conservation, funding, 
managing, and developing the Heritage Area; 
(2) take into consideration existing State, coun-
ty, and local plans; 
(3) include a description of actions that govern-
ments, private organizations, and individuals have 
agreed to take to protect the natural, historic, and 
cultural resources of the Heritage Area; 
(4) identify any existing and potential sources 
of funding or economic development strategies to 
protect, manage, and develop the Heritage Area; 
(5) include an inventory of the natural, historic, 
scenic, cultural, educational, and recreational re-
sources of the Heritage Area relating to the themes 
of the Heritage Area that should be preserved, re-
stored, managed, developed, or maintained; 
(6) establish criteria and identify thematically 
related sites in Niagara and Erie Counties, New 
York, that— 
(A) may participate in the Heritage Area; 
and 
(B) shall be included in the boundary of 
the Heritage Area; 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
(7) include recommended policies and strategies 
for resource management that consider the applica-
tion of appropriate land and water management 
techniques, including the development of intergov-
ernmental and interagency cooperative agreements 
to protect the natural, historic, scenic, cultural, edu-
cational, and recreational resources of the Heritage 
Area; 
(8) describe a program of implementation for 
the management plan, including a description of— 
(A) performance goals; 
(B) plans for resource protection, restora-
tion, interpretation, enhancement, management, 
and development; and 
(C) any specific commitments for imple-
mentation that have been made by the local co-
ordinating entity or any government, organiza-
tion, or individual; 
(9) include an analysis of, and recommenda-
tions for ways in which, Federal, State, tribal, and 
local programs would best be coordinated to further 
the purposes of this Act, including an analysis of the 
role of the National Park Service in the Heritage 
Area; 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
by the date that is 3 years after the date on which funds 
are first made available to carry out this Act, the local 
coordinating entity shall be ineligible to receive additional 
funding under this Act until the date on which the man-
agement plan is submitted to and approved by the Sec-
retary. 
(d) APPROVAL AND DISAPPROVAL OF MANAGEMENT 
PLAN.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of receipt of the management plan 
under subsection (a), the Secretary shall approve or 
disapprove the management plan. 
(2) CONSIDERATIONS.—In determining whether 
to approve or disapprove the management plan 
under paragraph (1), the Secretary shall consider 
whether— 
(A) the organization proposed to succeed 
the Commission as the local coordinating entity 
would be representative of the diverse interests 
of the Heritage Area, including governments, 
natural and historic resource protection organi-
zations, educational institutions, businesses, 
and recreational organizations; 
(B) the local coordinating entity has af-
forded adequate opportunity for public and gov-
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
ernmental involvement, including public meet-
ings, in the preparation of the management 
plan; 
(C) the resource protection and interpreta-
tion strategies contained in the management 
plan, if implemented, would adequately protect 
the natural, historic, and cultural resources of 
the Heritage Area; 
(D) the Secretary has received adequate 
assurances from the appropriate State, tribal, 
and local officials whose support is needed to 
ensure the effective implementation of the 
State, tribal, and local aspects of the manage-
ment plan; and 
(E) the local coordinating entity has dem-
onstrated the financial capability, in partner-
ship with others, to carry out the plan. 
(3) ACTION FOLLOWING DISAPPROVAL.—If the 
Secretary disapproves the management plan under 
paragraph (1), the Secretary shall— 
(A) advise the local coordinating entity in 
writing of the reasons for the disapproval; 
(B) make recommendations for revisions to 
the management plan; and 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
(C) not later than 180 days after the re-
ceipt of any proposed revision of the manage-
ment plan, approve or disapprove the proposed 
revision. 
(e) AMENDMENTS.— 
(1) IN GENERAL.—The Secretary shall review 
and approve any substantial amendments to the 
management plan in accordance with subsection (d). 
(2) USE
OF
FUNDS.—Funds made available 
under this Act shall not be expended by the local co-
ordinating entity to implement any changes made by 
an amendment described in paragraph (1) until the 
Secretary approves the amendment. 
SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. 
(a) TECHNICAL AND FINANCIAL ASSISTANCE.— 
(1) IN GENERAL.—On request of the local co-
ordinating entity, the Secretary may provide tech-
nical and financial assistance, on a reimbursable or 
nonreimbursable basis, to the Heritage Area for the 
development and implementation of the management 
plan. 
(2) COOPERATIVE
AGREEMENTS.—The Sec-
retary may enter into cooperative agreements with 
the local coordinating entity and other public or pri-
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
vate entities to provide assistance under paragraph 
(1). 
(3) PRIORITY FOR ASSISTANCE.—In providing 
assistance under paragraph (1), the Secretary shall 
give priority to actions that assist in— 
(A) conserving the significant natural, his-
toric, scenic, and cultural resources of the Her-
itage Area; and 
(B) providing educational, interpretive, and 
recreational opportunities, consistent with the 
purposes of the Heritage Area. 
(b) DETAIL OF DEPARTMENT OF THE INTERIOR EM-
PLOYEES.— 
(1) IN GENERAL.—On request of the Commis-
sion, the Secretary may detail to the Commission for 
each fiscal year in which the Commission is in exist-
ence, on a nonreimbursable basis, 2 employees of the 
Department of the Interior to enable the Commis-
sion to carry out the duties of the Commission. 
(2) CIVIL SERVICE STATUS.—The detail of an 
employee under paragraph (1) shall be without inter-
ruption or loss of civil service status or privilege. 
(c) REPORT.—Not later than the date that is 3 years 
before the date on which the authority of the Secretary 
terminates under section 11, the Secretary shall submit 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
to the Committee on Resources of the House of Represent-
atives and the Committee on Energy and Natural Re-
sources of the Senate a report that includes— 
(1) an evaluation of the accomplishments and 
sustainability of the Heritage Area; and 
(2) any recommendations of the Secretary with 
respect to the future management of the Heritage 
Area. 
SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 
(a) IN GENERAL.—This Act shall not affect the au-
thority of any Federal official to provide technical or fi-
nancial assistance under any other law. 
(b) CONSULTATION AND COORDINATION.—The head 
of any Federal agency planning to conduct an activity that 
may have an impact on the Heritage Area shall, to the 
maximum extent practicable— 
(1) consult with the Secretary and the local co-
ordinating entity regarding the activity; and 
(2) coordinate the activity with the Secretary 
and the local coordinating entity. 
(c) EFFECT ON OTHER FEDERAL AGENCIES.—Noth-
ing in this Act— 
(1) modifies, alters, or amends any law (includ-
ing a regulation) authorizing a Federal agency to 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
manage Federal land under the jurisdiction of the 
Federal agency; 
(2) limits the discretion of a Federal land man-
ager to implement an approved land use plan within 
the boundaries of the Heritage Area; or 
(3) modifies, alters, or amends any authorized 
use of Federal land under the jurisdiction of a Fed-
eral agency. 
SEC. 9. PROTECTIONS FOR PROPERTY OWNERS. 
Nothing in this Act— 
(1) abridges the rights of any owner of public 
or private property, including the right to refrain 
from participating in any plan, project, program, or 
activity conducted within the Heritage Area; 
(2) requires any property owner to permit pub-
lic access (including access by Federal, tribal, State, 
or local government agencies) to the property; 
(3) modifies any provision of Federal, tribal, 
State, or local law with regard to public access to, 
or use of, private land; 
(4) alters any land use regulation, approved 
land use plan, or other regulatory authority of any 
Federal, tribal, State, or local agency; 
(5) provides any land use or other regulatory 
authority to any local coordinating entity; 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS
(6) authorizes the reservation or appropriation 
of water or water rights; 
(7) diminishes the authority of the State to 
manage fish and wildlife, including the regulation of 
fishing and hunting within the Heritage Area; or 
(8) creates any liability, or affects any liability 
under any other law, of any private property owner 
with respect to any persons injured on the private 
property. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this Act $10,000,000, of which not 
more than $1,000,000 may be appropriated for any fiscal 
year. 
(b) COST-SHARING REQUIREMENT.—The Federal 
share of the cost of any activity carried out using any as-
sistance made available under this Act shall be not more 
than 50 percent. 
SEC. 11. TERMINATION OF AUTHORITY. 
The authority of the Secretary to provide financial 
assistance under this Act terminates on the date that is 
15 years after the date of enactment of this Act. 
Æ 
VerDate Aug 31 2005 
22:18 Jan 31, 2007
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6301
E:\BILLS\H713.IH
H713
jlentini on PROD1PC65 with BILLS