(2) have been implemented by an adjacent land-
owner or other adjacent landowners in the past; or 
(3) is the subject of a categorical exclusion 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
SEC. 306. INVASIVE SPECIES CONTROL. 
At the request of an adjacent landowner, within 30 
days of such a request, the Secretary shall authorize the 
adjacent landowner to participate in the eradication of 
invasive species in the Park for a period of up to 10 years, 
subject to renewal. Such an authorization shall provide— 
(1) that the invasive species proposed for eradi-
cation is identified as such by the National Park 
Service; 
(2) that the method, timing, and location of the 
eradication must be approved by the Secretary; and 
(3) appropriate indemnification of the adjacent 
landowner. 
SEC. 307. FUNDING CLARIFICATION. 
No additional funds are authorized to carry out the 
requirements of this title. Such requirements shall be car-
ried out using amounts otherwise authorized. 
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TITLE IV—NATIONAL BEAR 
RIVER HERITAGE AREA ACT 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘National Bear River 
Heritage Area Act’’. 
SEC. 402. PURPOSE. 
The purposes of this title include— 
(1) to foster a close working relationship with 
all levels of government, Tribes, the private sector, 
residents, business interests, and local communities 
in the States of Idaho and Utah; 
(2) to empower communities in the States of 
Idaho and Utah to exercise stewardship of their her-
itage while strengthening future economic opportuni-
ties; 
(3) to interpret, develop, and encourage stew-
ardship of the historic, cultural, and recreational re-
sources within the Heritage Area and the natural 
and scenic features of which they are a part; and 
(4) to expand, foster, and develop heritage busi-
nesses and products relating to the cultural heritage 
of the Heritage Area. 
SEC. 403. DEFINITIONS. 
In this title: 
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(1) COUNCIL.—The term ‘‘Council’’ means the 
Bear River Heritage Area Council, which includes 
representatives of all signers of the Interlocal Co-
operation Agreement for the Bear River Heritage 
Area, administered by the Bear River Association of 
Governments. 
(2) EXECUTIVE COMMITTEE.—The term ‘‘Exec-
utive Committee’’ means the Executive Committee of 
the Council. 
(3) HERITAGE
AREA.—The term ‘‘Heritage 
Area’’ means the National Bear River Heritage Area 
established by section 404(a). 
(4) LOCAL COORDINATING ENTITY.—The term 
‘‘local coordinating entity’’ means the local coordi-
nating entity for the Heritage Area designated by 
section 405(a). 
(5) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the 
Heritage Area required under section 405. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(7) STATES.—The term ‘‘States’’ means the 
States of Idaho and Utah. 
(8) TRIBE OR TRIBAL.—The terms ‘‘Tribe’’ or 
‘‘Tribal’’ mean any federally recognized Indian Tribe 
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with cultural heritage and historic interests within 
the proposed Bear River National Heritage Area. 
SEC. 404. DESIGNATION OF THE BEAR RIVER NATIONAL 
HERITAGE AREA. 
(a) ESTABLISHMENT.—There is established in the 
States the National Bear River Heritage Area. 
(b) BOUNDARIES.— 
(1) IN GENERAL.—The boundaries of the Herit-
age Area shall include— 
(A) areas in the States that are within the 
main drainage area of the Bear River; 
(B) Bear Lake, Caribou, Franklin, and 
Oneida Counties in the State of Idaho; 
(C) Box Elder, Cache, and Rich Counties 
in the State of Utah; 
(D) the following communities in the State 
of Idaho: Malad, Clifton, Dayton, Franklin, 
Preston, 
Oxford, 
Weston, 
Bancroft, 
Soda 
Springs, Grace, Bloomington, Paris, George-
town, Montpelier, and St. Charles; and 
(E) the following communities in that 
State of Utah: Bear River, Brigham City, 
Corinne, Deweyville, Elwood, Fielding, Garland, 
Honeyville, Howell, Mantua, Perry, Plymouth, 
Portage, 
Snowville, 
Tremonton, 
Willard, 
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Amalga, 
Clarkston, 
Cornish, 
Hyde 
Park, 
Hyrum, Lewiston, Logan, Mendon, Millville, 
Newton, Nibley, North Logan, Paradise, Provi-
dence, Richmond, River Heights, Smithfield, 
Trenton, Wellsville, Garden City, Laketown, 
Randolph, and Woodruff. 
(2) MAP.—The Secretary shall prepare a map 
of the Heritage Area, which shall be on file and 
available for public inspection in the office of the Di-
rector of the National Park Service. 
(3) NOTICE TO LOCAL AND TRIBAL GOVERN-
MENTS.—The Council shall provide to the govern-
ment of each City, Town, County, or Tribe that has 
jurisdiction over property proposed to be included in 
the Heritage Area written notice of the proposed in-
clusion. 
(c) ADMINISTRATION.—The Heritage Area shall be 
administered in accordance with this title. 
SEC. 405. DESIGNATION OF LOCAL COORDINATING ENTITY. 
(a) LOCAL COORDINATING ENTITY.—The Council 
shall be the management entity for the Heritage Area. 
(b) AUTHORITIES OF LOCAL COORDINATING ENTI-
TY.—The local coordinating entity may, for purposes of 
preparing and implementing the management plan— 
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(1) prepare reports, studies, interpretive exhib-
its and programs, historic preservation projects, and 
other activities recommended in the management 
plan for the Heritage Area; 
(2) make grants to the States, political subdivi-
sions of the States, nonprofit organizations, and 
other persons; 
(3) enter into cooperative agreements with the 
States, political subdivisions of the States, nonprofit 
organizations, and other organizations; 
(4) hire and compensate staff; 
(5) obtain funds or services from any source, 
including funds and services provided under any 
Federal program or law, in which case the Federal 
share of the cost of any activity assisted using Fed-
eral funds provided for National Heritage Areas 
shall not be more than 50 percent; and 
(6) contract for goods and services. 
(c) DUTIES OF LOCAL COORDINATING ENTITY.—To 
further the purposes of the Heritage Area, the local co-
ordinating entity shall— 
(1) prepare a management plan for the Herit-
age Area in accordance with section 405; 
(2) give priority to the implementation of ac-
tions, goals, and strategies set forth in the manage-
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(3) consider the interests of diverse units of 
government, Tribes, businesses, tourism officials, 
private property owners, and nonprofit groups within 
the Heritage Area in developing and implementing 
the management plan; 
(4) conduct public meetings at least semiannu-
ally regarding the development and implementation 
of the management plan; and 
(5) for any fiscal year for which Federal funds 
provided for National Heritage Areas are expended 
for the Heritage Area— 
(A) submit to the Secretary an annual re-
port that describes— 
(i) the accomplishments of the local 
coordinating entity; 
(ii) the expenses and income of the 
local coordinating entity; and 
(iii) the entities to which the local co-
ordinating entity made any grants; 
(B) make available for audit all records re-
lating to the expenditure of the 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 receiving organiza-
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tions make available for audit all records relat-
ing to the expenditure of the Federal funds. 
(d) PROHIBITION ON ACQUISITION OF REAL PROP-
ERTY.— 
(1) IN GENERAL.—The local coordinating entity 
shall not use Federal funds provided for National 
Heritage Areas to acquire real property or any inter-
est in real property. 
(2) OTHER
SOURCES.—Nothing in this title 
precludes the local coordinating entity from using 
funds from other sources for authorized purposes, 
including the acquisition of real property or any in-
terest in real property. 
(e) DELEGATION.— 
(1) IN GENERAL.—The Council may delegate 
the responsibilities and actions under this section for 
each area identified in section 404(b)(1). 
(2) REVIEW.—All delegated responsibilities and 
actions are subject to review and approval by the 
Council. 
SEC. 406. MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 3 years after the 
date on which funds are first made available to carry out 
this title, the local coordinating entity shall prepare and 
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submit to the Secretary a management plan for the Herit-
age Area. 
(b) CONTENTS.—The management plan for the Her-
itage Area shall— 
(1) include comprehensive policies, strategies, 
and recommendations for the conservation, funding, 
management, and development of the Heritage Area; 
(2) include a description of actions and commit-
ments that governments, private organizations, and 
citizens will take to protect, enhance, and interpret 
the natural, historic, cultural, scenic, Tribal, edu-
cational, and recreational resources of the Heritage 
Area; 
(3) describe a program of implementation for 
the management plan that includes— 
(A) performance goals and ongoing per-
formance evaluation; 
(B) plans for resource protection, enhance-
ment and interpretation; and 
(C) specific commitments for implementa-
tion that have been made by the local coordi-
nating entity or any government, Tribe, organi-
zation, business or individual; 
(4) include an interpretative plan for the Herit-
age Area; 
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(5) take into consideration existing State, coun-
ty, local, and Tribal plans; 
(6) specify the existing and potential sources of 
funding to protect, manage, and develop the Herit-
age Area; 
(7) include an inventory of the natural, historic, 
cultural, scenic, Tribal, educational, and recreational 
resources of the Heritage Area relating to the 
themes of the Heritage Area that should be pre-
served, restored, managed, developed, or maintained; 
and 
(8) include an analysis of, and recommenda-
tions for, ways in which Federal, State, local, and 
Tribal government programs, may best be coordi-
nated to further the purposes of this title, including 
recommendations for the role of the National Park 
Service in the Heritage Area. 
(c) APPROVAL AND DISAPPROVAL OF MANAGEMENT 
PLAN.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date on which the local coordinating entity 
submits the management plan to the Secretary, the 
Secretary, in consultation with the States, affected 
counties, and Tribal governments, shall approve or 
disapprove the proposed management plan. 
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(2) CONSIDERATIONS.—In determining whether 
to approve or disapprove the management plan, the 
Secretary shall consider whether— 
(A) the local coordinating entity is rep-
resentative of the diverse interests of the Herit-
age Area, including governments, natural and 
historic resource preservation organizations, 
Tribes, educational institutions, businesses, and 
recreational organizations; 
(B) the local coordinating entity has pro-
vided adequate opportunities (including public 
meetings) for public, Tribal, and governmental 
involvement in the preparation of the manage-
ment plan; 
(C) the resource protection and interpreta-
tion strategies contained in the management 
plan, if implemented, would adequately protect 
the natural, historic, Tribal, cultural, and rec-
reational resources of the Heritage Area; and 
(D) the management plan is supported by 
the appropriate State, local, and Tribal offi-
cials, the cooperation of which is needed to en-
sure the effective implementation of the State, 
local, and Tribal aspects of the management 
plan. 
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(3) DISAPPROVAL AND REVISIONS.— 
(A) IN
GENERAL.—If the Secretary dis-
approves a proposed management plan, the Sec-
retary shall— 
(i) advise the local coordinating entity, 
in writing, of the reasons for the dis-
approval; and 
(ii) make recommendations for revi-
sion of the proposed management plan. 
(B) APPROVAL
OR
DISAPPROVAL.—The 
Secretary shall approve or disapprove a revised 
management plan not later than 180 days after 
the date on which the revised management plan 
is submitted. 
(d) APPROVAL
OF AMENDMENTS.—The Secretary 
shall review and approve or disapprove substantial amend-
ments to the management plan in accordance with sub-
section (c). 
SEC. 407. RELATIONSHIP TO TRIBAL GOVERNMENTS. 
Nothing in this title shall construe, define, waive 
limit, or affect any rights of any federally recognized In-
dian Tribe and Federal trust responsibility. 
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SEC. 408. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 
(a) IN GENERAL.—Nothing in this title affects the 
authority of a Federal agency to provide technical or fi-
nancial assistance under any other law. 
(b) CONSULTATION AND COORDINATION.—The head 
of any Federal agency planning to conduct activities that 
may have an impact on the Heritage Area is encouraged 
to consult and coordinate the activities with the Secretary 
and the local coordinating entity to the extent practicable. 
(c) OTHER FEDERAL AGENCIES.—Nothing in this 
title— 
(1) modifies, alters, or amends any law or regu-
lation authorizing a Federal agency to manage Fed-
eral land under the jurisdiction of the Federal agen-
cy; 
(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. 409. PRIVATE PROPERTY AND REGULATORY PROTEC-
TIONS. 
Nothing in this title— 
(1) abridges the rights of any property owner 
(whether public or private), including the right to re-
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frain from participating in any plan, project, pro-
gram, or activity conducted within the Heritage 
Area; 
(2) requires any property owner to permit pub-
lic access (including access by Federal, State, or 
local agencies) to the property of the property 
owner, or to modify public access or use of property 
of the property owner under any other Federal, 
State, or local law; 
(3) alters any duly adopted land use regulation, 
approved land use plan, or other regulatory author-
ity of any Federal, State, Tribal or local agency, or 
conveys any land use or other regulatory authority 
to the local coordinating entity; 
(4) authorizes or implies the reservation or ap-
propriation of water or water rights; 
(5) affects the licensing or relicensing of facili-
ties by the Federal Energy Regulatory Commission 
within the proposed Heritage Area; 
(6) diminishes the authority of the States to 
manage fish and wildlife, including the regulation of 
fishing and hunting within the Heritage Area or the 
authority of Tribes to regulate their members with 
respect to such matters in the exercise of Tribal 
treaty rights; or 
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(7) creates any liability, or affects any liability 
under any other law, of any private property owner 
with respect to any person injured on the private 
property. 
SEC. 410. EVALUATION; REPORT. 
(a) IN GENERAL.—Not later than 3 years before the 
date specified under section 411, the Secretary shall— 
(1) conduct an evaluation of the accomplish-
ments of the Heritage Area; and 
(2) prepare a report in accordance with sub-
section (c). 
(b) EVALUATION.—An evaluation conducted under 
subsection (a)(1) shall— 
(1) assess the progress of the local coordinating 
entity with respect to— 
(A) accomplishing the purposes of this title 
for the Heritage Area; and 
(B) achieving the goals and objectives of 
the approved management plan for the Heritage 
Area; 
(2) analyze the Federal, State, local, Tribal, 
and private investments in the Heritage Area to de-
termine the leverage and impact of the investments; 
and 
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(3) review the management structure, partner-
ship relationships, and funding of the Heritage Area 
for purposes of identifying the critical components 
for sustainability of the Heritage Area. 
(c) REPORT.— 
(1) IN GENERAL.—Based on the evaluation con-
ducted under subsection (a)(1), the Secretary shall 
prepare a report that includes recommendations for 
the future role of the National Park Service, if any, 
with respect to the Heritage Area. 
(2) SUBMISSION TO CONGRESS.—On completion 
of the report, the Secretary shall submit the report 
to— 
(A) the Committee on Energy and Natural 
Resources of the Senate; and 
(B) the Committee on Natural Resources 
of the House of Representatives. 
SEC. 411. TERMINATION OF AUTHORITY. 
The authority of the Secretary to provide assistance 
under this title terminates on the date that is 15 years 
after the date of enactment of this title. 
Æ 
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