(C) 1 member shall be appointed by the 
Education and Research Consortium of West-
ern North Carolina; 
(D) 1 member shall be appointed by the 
Eastern Band of the Cherokee Indians; and 
(E) 3 members shall—
(i) be appointed by the Governor of 
the State; 
(ii) reside in geographically diverse re-
gions of the Heritage Area; 
(iii) be a representative of State or 
local governments or the private sector; 
and 
(iv) have knowledge of tourism, eco-
nomic and community development, re-
gional planning, historic preservation, cul-
tural or natural resources development, re-
gional planning, conservation, recreational 
services, education, or museum services. 
SEC. 5. MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the management entity shall 
submit to the Secretary for approval a management plan 
for the Heritage Area.
(b) CONSIDERATION
OF OTHER PLANS
AND AC-
TIONS.—In developing the management plan, the manage-
ment entity shall—
(1) for the purpose of presenting a unified pres-
ervation and interpretation plan, take into consider-
ation Federal, State, and local plans; and 
(2) provide for the participation of residents, 
public agencies, and private organizations in the 
Heritage Area. 
(c) CONTENTS.—The management plan shall—
(1) present comprehensive recommendations 
and strategies for the conservation, funding, man-
agement, and development of the Heritage Area; 
(2) identify existing and potential sources of 
Federal and non-Federal funding for the conserva-
tion, management, and development of the Heritage 
Area; and 
(3) include—
(A) an inventory of the cultural, historical, 
natural, and recreational resources of the Herit-
age Area, including a list of property that—
(i) relates to the purposes of the Her-
itage Area; and
(ii) should be conserved, restored, 
managed, developed, or maintained because 
of the significance of the property; 
(B) a program of strategies and actions for 
the implementation of the management plan 
that identifies the roles of agencies and organi-
zations that are involved in the implementation 
of the management plan; 
(C) an interpretive and educational plan 
for the Heritage Area; 
(D) a recommendation of policies for re-
source management and protection that develop 
intergovernmental cooperative agreements to 
manage and protect the cultural, historical, nat-
ural, and recreational resources of the Heritage 
Area; and 
(E) an analysis of ways in which Federal, 
State, and local programs may best be coordi-
nated to promote the purposes of this Act. 
(d) EFFECT OF FAILURE TO SUBMIT.—If a manage-
ment plan is not submitted to the Secretary by the date 
described in subsection (a), the Secretary shall not provide 
any additional funding under this Act until a management 
plan is submitted to the Secretary.
(e) APPROVAL OR DISAPPROVAL OF MANAGEMENT 
PLAN.—
(1) IN GENERAL.—Not later than 90 days after 
receiving the management plan submitted under 
subsection (a), the Secretary shall approve or dis-
approve the management plan. 
(2) CRITERIA.—In determining whether to ap-
prove the management plan, the Secretary shall con-
sider whether the management plan—
(A) has strong local support from land-
owners, business interests, nonprofit organiza-
tions, and governments in the Heritage Area; 
and 
(B) has a high potential for effective part-
nership mechanisms.
(3) ACTION FOLLOWING DISAPPROVAL.—If the 
Secretary disapproves a management plan under 
subsection (e)(1), the Secretary shall—
(A) advise the management entity in writ-
ing of the reasons for the disapproval; 
(B) make recommendations for revisions to 
the management plan; and 
(C) allow the management entity to submit 
to the Secretary revisions to the management 
plan.
(4) DEADLINE FOR APPROVAL OF REVISION.—
Not later than 60 days after the date on which a re-
vision is submitted under paragraph (3)(C), the Sec-
retary shall approve or disapprove the proposed revi-
sion. 
(f) AMENDMENT
OF
APPROVED
MANAGEMENT 
PLAN.—
(1) IN GENERAL.—After approval by the Sec-
retary of a management plan, the management enti-
ty shall periodically—
(A) review the management plan; and 
(B) submit to the Secretary, for review 
and approval, the recommendation of the man-
agement entity for any amendments to the 
management plan. 
(2) USE OF FUNDS.—No funds made available 
under section 9(a) shall be used to implement any 
amendment proposed by the management entity 
under paragraph (1)(B) until the Secretary approves 
the amendment. 
SEC. 6. AUTHORITIES AND DUTIES OF THE MANAGEMENT 
ENTITY. 
(a) AUTHORITIES.—For the purposes of developing 
and implementing the management plan, the management
entity may use funds made available under section 9(a) 
to—
(1) make loans and grants to, and enter into 
cooperative agreements with, the State (including a 
political subdivision), nonprofit organizations, or 
persons; 
(2) hire and compensate staff; and 
(3) enter into contracts for goods and services. 
(b) DUTIES.—In addition to developing the manage-
ment plan, the management entity shall—
(1) develop and implement the management 
plan while considering the interests of diverse units 
of government, businesses, private property owners, 
and nonprofit groups in the Heritage Area; 
(2) conduct public meetings in the Heritage 
Area at least semiannually on the development and 
implementation of the management plan; 
(3) give priority to the implementation of ac-
tions, goals, and strategies in the management plan, 
including providing assistance to units of govern-
ment, nonprofit organizations, and persons in—
(A) carrying out the programs that protect 
resources in the Heritage Area;
(B) encouraging economic viability in the 
Heritage Area in accordance with the goals of 
the management plan; 
(C) establishing and maintaining interpre-
tive exhibits in the Heritage Area; 
(D) developing recreational and edu-
cational opportunities in the Heritage Area; and 
(E) increasing public awareness of and ap-
preciation for the cultural, historical, and nat-
ural resources of the Heritage Area; and 
(4) for any fiscal year for which Federal funds 
are received under section 9(a)—
(A) submit to the Secretary a report that 
describes, for the fiscal year—
(i) the accomplishments of the man-
agement entity; 
(ii) the expenses and income of the 
management entity; and 
(iii) each entity to which a grant was 
made; 
(B) make available for audit by Congress, 
the Secretary, and appropriate units of govern-
ment, all records relating to the expenditure of 
funds and any matching funds; and
(C) require, for all agreements authorizing 
expenditure of Federal funds by any entity, 
that the receiving entity make available for 
audit all records relating to the expenditure of 
funds. 
(c) PROHIBITION ON THE ACQUISITION OF REAL 
PROPERTY.—The management entity shall not use Fed-
eral funds received under section 9(a) to acquire real prop-
erty or an interest in real property. 
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE. 
(a) IN GENERAL.—The Secretary may provide to the 
management entity technical assistance and, subject to the 
availability of appropriations, financial assistance, for use 
in developing and implementing the management plan. 
(b) PRIORITY FOR ASSISTANCE.—In providing assist-
ance under subsection (a), the Secretary shall give priority 
to actions that facilitate—
(1) the preservation of the significant cultural, 
historical, natural, and recreational resources of the 
Heritage Area; and 
(2) the provision of educational, interpretive, 
and recreational opportunities that are consistent 
with the resources of the Heritage Area. 
SEC. 8. LAND USE REGULATION. 
(a) IN GENERAL.—Nothing in this Act—
(1) grants any power of zoning or land use to 
the management entity; or 
(2) modifies, enlarges, or diminishes any au-
thority of the Federal Government or any State or 
local government to regulate any use of land under 
any law (including regulations). 
(b) PRIVATE PROPERTY.—Nothing in this Act—
(1) abridges the rights of any person with re-
spect to private property; 
(2) affects the authority of the State or local 
government with respect to private property; or 
(3) imposes any additional burden on any prop-
erty owner. 
SEC. 9. 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 shall be made available for any fis-
cal year. 
(b) NON-FEDERAL SHARE.—The non-Federal share 
of the cost of any activities carried out using Federal 
funds made available under subsection (a) shall be not less 
than 50 percent.
SEC. 10. TERMINATION OF AUTHORITY. 
The authority of the Secretary to provide assistance 
under this Act terminates on the date that is 15 years 
after the date of enactment of this Act.
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