I 
109TH CONGRESS 
1ST SESSION H. R. 1820 
To amend the Illinois and Michigan Canal National Heritage Corridor Act 
of 1984 to help ensure the appropriate transition of the management 
entity of the heritage corridor, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2005 
Mr. WELLER (for himself and Mrs. BIGGERT) introduced the following bill; 
which was referred to the Committee on Resources 
A BILL 
To amend the Illinois and Michigan Canal National Heritage 
Corridor Act of 1984 to help ensure the appropriate 
transition of the management entity of the heritage cor-
ridor, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Illinois and Michigan 
Canal National Heritage Corridor Act Amendments of 
2005’’.
SEC. 2. TRANSITION AND PROVISIONS FOR NEW MANAGE-
MENT ENTITY. 
The Illinois and Michigan Canal National Heritage 
Corridor Act of 1984 (Public Law 98–398; 16 U.S.C. 461 
note) is amended as follows: 
(1) In section 103— 
(A) in paragraph (8), by striking ‘‘and’’; 
(B) in paragraph (9), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(10) the term ‘Association’ means the Canal 
Corridor Association (an organization described 
under section 501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from taxation under sec-
tion 501(a) of such Code).’’. 
(2) By adding at the end of section 112 the fol-
lowing new paragraph: 
‘‘(7) The Secretary shall enter into a memo-
randum of understanding with the Association to 
help ensure appropriate transition of the manage-
ment entity to the Association and coordination with 
the Association regarding that role.’’. 
(3) By adding at the end the following new sec-
tions:
‘‘SEC. 119. ASSOCIATION AS MANAGEMENT ENTITY. 
‘‘Upon the termination of the Commission, the man-
agement entity for the corridor shall be the Association. 
‘‘SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION. 
‘‘For purposes of preparing and implementing the 
management plan developed under section 121, the Asso-
ciation may use Federal funds made available under this 
title— 
‘‘(1) to make loans and grants to, and enter 
into cooperative agreements with, States and their 
political subdivisions, private organizations, or any 
person; 
‘‘(2) to hire, train, and compensate staff; and 
‘‘(3) to enter into contracts for goods and serv-
ices. 
‘‘SEC. 121. DUTIES OF THE ASSOCIATION. 
‘‘‘The Association shall— 
‘‘(1) develop and submit to the Secretary for 
approval under section 123 a proposed management 
plan for the corridor not later than 2 years after 
Federal funds are made available for this purpose; 
‘‘(2) give priority to implementing actions set 
forth in the management plan, including taking 
steps to assist units of local government, regional 
planning organizations, and other organizations— 
‘‘(A) in preserving the corridor;
‘‘(B) in establishing and maintaining inter-
pretive exhibits in the corridor; 
‘‘(C) in developing recreational resources 
in the corridor; 
‘‘(D) in increasing public awareness of and 
appreciation for the natural, historical, and ar-
chitectural resources and sites in the corridor; 
and 
‘‘(E) in facilitating the restoration of any 
historic building relating to the themes of the 
corridor; 
‘‘(3) encourage by appropriate means economic 
viability in the corridor consistent with the goals of 
the management plan; 
‘‘(4) consider the interests of diverse govern-
mental, business, and other groups within the cor-
ridor; 
‘‘(5) conduct public meetings at least quarterly 
regarding the implementation of the management 
plan; 
‘‘(6) submit substantial changes (including any 
increase of more than 20 percent in the cost esti-
mates for implementation) to the management plan 
to the Secretary; and
‘‘(7) for any year in which Federal funds have 
been received under this title— 
‘‘(A) submit an annual report to the Sec-
retary setting forth the Association’s accom-
plishments, expenses and income, and the iden-
tity of each entity to which any loans and 
grants were made during the year for which the 
report is made; 
‘‘(B) make available for audit all records 
pertaining to the expenditure of such funds and 
any matching funds; and 
‘‘(C) require, for all agreements author-
izing expenditure of Federal funds by other or-
ganizations, that the receiving organizations 
make available for audit all records pertaining 
to the expenditure of such funds. 
‘‘SEC. 122. USE OF FEDERAL FUNDS. 
‘‘(a) IN GENERAL.—The Association shall not use 
Federal funds received under this title to acquire real 
property or an interest in real property. 
‘‘(b) OTHER SOURCES.—Nothing in this title pre-
cludes the Association from using Federal funds from 
other sources for authorized purposes.
‘‘SEC. 123. MANAGEMENT PLAN. 
‘‘(a) PREPARATION OF MANAGEMENT PLAN.—Not 
later than 2 years after the date that Federal funds are 
made available for this purpose, the Association shall sub-
mit to the Secretary for approval a proposed management 
plan that shall— 
‘‘(1) take into consideration State and local 
plans and involve residents, local governments and 
public agencies, and private organizations in the cor-
ridor; 
‘‘(2) present comprehensive recommendations 
for the corridor’s conservation, funding, manage-
ment, and development; 
‘‘(3) include actions proposed to be undertaken 
by units of government and nongovernmental and 
private organizations to protect the resources of the 
corridor; 
‘‘(4) specify the existing and potential sources 
of funding to protect, manage, and develop the cor-
ridor; and 
‘‘(5) include— 
‘‘(A) 
identification 
of 
the 
geographic 
boundaries of the corridor; 
‘‘(B) a brief description and map of the 
corridor’s overall concept or vision that show
key sites, visitor facilities and attractions, and 
physical linkages; 
‘‘(C) identification of overall goals and the 
strategies and tasks intended to reach them, 
and a realistic schedule for completing the 
tasks; 
‘‘(D) a listing of the key resources and 
themes of the corridor; 
‘‘(E) identification of parties proposed to 
be responsible for carrying out the tasks; 
‘‘(F) a financial plan and other informa-
tion on costs and sources of funds; 
‘‘(G) a description of the public participa-
tion process used in developing the plan and a 
proposal for public participation in the imple-
mentation of the management plan; 
‘‘(H) a mechanism and schedule for updat-
ing the plan based on actual progress; 
‘‘(I) a bibliography of documents used to 
develop the management plan; and 
‘‘(J) a discussion of any other relevant 
issues relating to the management plan. 
‘‘(b) DISQUALIFICATION FROM FUNDING.—If a pro-
posed management plan is not submitted to the Secretary 
within 2 years after the date that Federal funds are made
available for this purpose, the Association shall be ineli-
gible to receive additional funds under this title until the 
Secretary receives a proposed management plan from the 
Association. 
‘‘(c) APPROVAL OF MANAGEMENT PLAN.—The Sec-
retary shall approve or disapprove a proposed manage-
ment plan submitted under this title not later than 180 
days after receiving such proposed management plan. If 
action is not taken by the Secretary within the time period 
specified in the preceding sentence, the management plan 
shall be deemed approved. The Secretary shall consult 
with the local entities representing the diverse interests 
of the corridor including governments, natural and historic 
resource protection organizations, educational institutions, 
businesses, recreational organizations, community resi-
dents, and private property owners prior to approving the 
management plan. The Association shall conduct semi-an-
nual public meetings, workshops, and hearings to provide 
adequate opportunity for the public and local and govern-
mental entities to review and to aid in the preparation and 
implementation of the management plan. 
‘‘(d) EFFECT OF APPROVAL.—Upon the approval of 
the management plan as provided in subsection (c), the 
management plan shall supersede the conceptual plan con-
tained in the National Park Service report.
‘‘(e) ACTION FOLLOWING DISAPPROVAL.—If the Sec-
retary disapproves a proposed management plan within 
the time period specified in subsection (c), the Secretary 
shall advise the Association in writing of the reasons for 
the disapproval and shall make recommendations for revi-
sions to the proposed management plan. 
‘‘(f) APPROVAL OF AMENDMENTS.—The Secretary 
shall review and approve all substantial amendments (in-
cluding any increase of more than 20 percent in the cost 
estimates for implementation) to the management plan. 
Funds made available under this title may not be ex-
pended to implement any changes made by a substantial 
amendment until the Secretary approves that substantial 
amendment. 
‘‘SEC. 
124. 
TECHNICAL 
AND 
FINANCIAL 
ASSISTANCE; 
OTHER FEDERAL AGENCIES. 
‘‘(a) TECHNICAL
AND FINANCIAL ASSISTANCE.— 
Upon the request of the Association, the Secretary may 
provide technical assistance, on a reimbursable or non-
reimbursable basis, and financial assistance to the Asso-
ciation to develop and implement the management plan. 
The Secretary is authorized to enter into cooperative 
agreements with the Association and other public or pri-
vate entities for this purpose. In assisting the Association,
the Secretary shall give priority to actions that in general 
assist in— 
‘‘(1) conserving the significant natural, historic, 
cultural, and scenic resources of the corridor; and 
‘‘(2) providing educational, interpretive, and 
recreational opportunities consistent with the pur-
poses of the corridor. 
‘‘(b) DUTIES OF OTHER FEDERAL AGENCIES.—Any 
Federal agency conducting or supporting activities directly 
affecting the corridor shall— 
‘‘(1) consult with the Secretary and the Asso-
ciation with respect to such activities; 
‘‘(2) cooperate with the Secretary and the Asso-
ciation in carrying out their duties under this title; 
‘‘(3) to the maximum extent practicable, coordi-
nate such activities with the carrying out of such du-
ties; and 
‘‘(4) to the maximum extent practicable, con-
duct or support such activities in a manner which 
the Association determines is not likely to have an 
adverse effect on the corridor. 
‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—To carry out this title there is 
authorized to be appropriated $10,000,000, except that
not more than $1,000,000 may be appropriated to carry 
out this title for any fiscal year. 
‘‘(b) 50 PERCENT MATCH.—The Federal share of the 
cost of activities carried out using any assistance or grant 
under this title shall not exceed 50 percent of that cost. 
‘‘SEC. 126. SUNSET. 
‘‘The authority of the Secretary to provide assistance 
under this title terminates on September 30, 2027.’’. 
SEC. 3. PRIVATE PROPERTY PROTECTION. 
The Illinois and Michigan Canal National Heritage 
Corridor Act of 1984 is further amended by adding after 
section 126 (as added by section 2) the following new sec-
tions: 
‘‘SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE 
PROPERTY. 
‘‘(a) NOTIFICATION AND CONSENT OF PROPERTY 
OWNERS REQUIRED.—No privately owned property shall 
be preserved, conserved, or promoted by the management 
plan for the corridor until the owner of that private prop-
erty has been notified in writing by the Association and 
has given written consent for such preservation, conserva-
tion, or promotion to the Association. 
‘‘(b) LANDOWNER WITHDRAW.—Any owner of pri-
vate property included within the boundary of the corridor, 
and not notified under subsection (a), shall have their
property immediately removed from the boundary of the 
corridor by submitting a written request to the Associa-
tion. 
‘‘SEC. 128. PRIVATE PROPERTY PROTECTION. 
‘‘(a) ACCESS TO PRIVATE PROPERTY.—Nothing in 
this title shall be construed to— 
‘‘(1) require any private property owner to 
allow public access (including Federal, State, or local 
government access) to such private property; or 
‘‘(2) modify any provision of Federal, State, or 
local law with regard to public access to or use of 
private property. 
‘‘(b) LIABILITY.—Designation of the corridor shall 
not be considered to create any liability, or to have any 
effect on any liability under any other law, of any private 
property owner with respect to any persons injured on 
such private property. 
‘‘(c) RECOGNITION
OF AUTHORITY
TO CONTROL 
LAND USE.—Nothing in this title shall be construed to 
modify the authority of Federal, State, or local govern-
ments to regulate land use. 
‘‘(d) PARTICIPATION OF PRIVATE PROPERTY OWN-
ERS IN CORRIDOR.—Nothing in this title shall be con-
strued to require the owner of any private property located
within the boundaries of the corridor to participate in or 
be associated with the corridor. 
‘‘(e) EFFECT OF ESTABLISHMENT.—The boundaries 
designated for the corridor represent the area within 
which Federal funds appropriated for the purpose of this 
title may be expended. The establishment of the corridor 
and its boundaries shall not be construed to provide any 
nonexisting regulatory authority on land use within the 
corridor or its viewshed by the Secretary, the National 
Park Service, or the Association.’’. 
SEC. 4. TECHNICAL AMENDMENTS. 
Section 116 of Illinois and Michigan Canal National 
Heritage Corridor Act of 1984 is amended— 
(1) by striking subsection (b); and 
(2) in subsection (a)— 
(A) by striking ‘‘(a)’’ and all that follows 
through ‘‘For each’’ and inserting ‘‘(a) For 
each’’; 
(B) by striking ‘‘Commission’’ and insert-
ing ‘‘Association’’; 
(C) by striking ‘‘Commission’s’’ and insert-
ing ‘‘Association’s’’; 
(D) by redesignating paragraph (2) as sub-
section (b); and
(E) by redesignating subparagraphs (A) 
and (B) as paragraphs (1) and (2), respectively. 
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