H. R. 4236—183
any authority of Federal, State, or local governments to regulate
any use of land as provided for by law or regulation.
(b) LACK OF ZONING OR LAND USE POWERS.—Nothing in this
title shall be construed to grant powers of zoning or land use
control to the Committee or management entity of the corridor.
(c) LOCAL AUTHORITY AND PRIVATE PROPERTY NOT AFFECTED.—
Nothing in this title shall be construed to affect or to authorize
the Committee to interfere with—
(1) the rights of any person with respect to private
property; or
(2) any local zoning ordinance or land use plan of the
State of Ohio or a political subdivision thereof.
SEC. 811. SUNSET.
The Secretary may not make any grant or provide any assist-
ance under this title after September 30, 2012.
SEC. 812. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated under
this title not more than $1,000,000 for any fiscal year. Not more
than a total of $10,000,000 may be appropriated for the corridor
under this title.
(b) 50 PERCENT MATCH.—Federal funding provided under this
title, after the designation of this corridor, may not exceed 50
percent of the total cost of any assistance or grant provided or
authorized under this title.
TITLE IX—HUDSON RIVER VALLEY
NATIONAL HERITAGE AREA
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Hudson River Valley National
Heritage Area Act of 1996’’.
SEC. 902. FINDINGS.
The Congress finds the following:
(1) The Hudson River Valley between Yonkers, New York,
and Troy, New York, possesses important historical, cultural,
and natural resources, representing themes of settlement and
migration, transportation, and commerce.
(2) The Hudson River Valley played an important role
in the military history of the American Revolution.
(3) The Hudson River Valley gave birth to important move-
ments in American art and architecture through the work
of Andrew Jackson Downing, Alexander Jackson Davis, Thomas
Cole, and their associates, and played a central role in the
recognition of the esthetic value of the landscape and the devel-
opment of an American esthetic ideal.
(4) The Hudson River Valley played an important role
in the development of the iron, textile, and collar and cuff
industries in the 19th century, exemplified in surviving struc-
tures such as the Harmony Mills complex at Cohoes, and in
the development of early men’s and women’s labor and coopera-
tive organizations, and is the home of the first women’s labor
union and the first women’s secondary school.
H. R. 4236—184
(5) The Hudson River Valley, in its cities and towns and
in its rural landscapes—
(A) displays exceptional surviving physical resources
illustrating these themes and the social, industrial, and
cultural history of the 19th and early 20th centuries; and
(B) includes many National Historic Sites and Land-
marks.
(6) The Hudson River Valley is the home of traditions
associated with Dutch and Huguenot settlements dating to
the 17th and 18th centuries, was the locus of characteristic
American stories such as ‘‘Rip Van Winkle’’ and the ‘‘Legend
of Sleepy Hollow’’, and retains physical, social, and cultural
evidence of these traditions and the traditions of other more
recent ethnic and social groups.
(7) New York State has established a structure for the
Hudson River Valley communities to join together to preserve,
conserve, and manage these resources, and to link them through
trails and other means, in the Hudson River Greenway Commu-
nities Council and the Greenway Conservancy.
SEC. 903. PURPOSES.
The purposes of this title are the following:
(1) To recognize the importance of the history and the
resources of the Hudson River Valley to the Nation.
(2) To assist the State of New York and the communities
of the Hudson River Valley in preserving, protecting, and inter-
preting these resources for the benefit of the Nation.
(3) To authorize Federal financial and technical assistance
to serve these purposes.
SEC. 904. HUDSON RIVER VALLEY NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is hereby established a Hudson
River Valley National Heritage Area (in this title referred to as
the ‘‘Heritage Area’’).
(b) BOUNDARIES.—
(1) IN GENERAL.—Except as otherwise provided in para-
graph (2), the Heritage Area shall be comprised of the counties
of Albany, Rensselaer, Columbia, Greene, Ulster, Dutchess,
Orange, Putnam, Westchester, and Rockland, New York, and
the Village of Waterford in Saratoga County, New York.
(2) AREAS EXCLUDED.—The Heritage Area shall not include
any of the following:
(A) The counties of Greene and Columbia.
(B) Those portions of the counties of Rensselaer and
Dutchess located entirely within the 22d Congressional
District of New York (as such district exists on the date
of the enactment of this Act).
(c) MANAGEMENT ENTITIES.—The management entities for the
Heritage Area shall be the Hudson River Valley Greenway Commu-
nities Council and the Greenway Conservancy (agencies established
by the State of New York in its Hudson River Greenway Act
of 1991, in this title referred to as the ‘‘management entities’’).
The management entities shall jointly establish a Heritage Area
Committee to manage the Heritage Area.
SEC. 905. COMPACT.
To carry out the purposes of this title, the Secretary of the
Interior (in this title referred to as the ‘‘Secretary’’) shall enter
H. R. 4236—185
into a compact with the management entities. The compact shall
include information relating to the objectives and management of
the area, including the following:
(1) A discussion of the goals and objectives of the Heritage
Area, including an explanation of a proposed approach to
conservation and interpretation, and a general outline of the
protection measures committed to by the parties to the compact.
(2) A description of the respective roles of the management
entities.
(3) A list of the initial partners to be involved in developing
and implementing a management plan for the Heritage Area,
and a statement of the financial commitment of such partners.
(4) A description of the role of the State of New York.
SEC. 906. MANAGEMENT PLAN.
The management entities shall develop a management plan
for the Heritage Area that presents comprehensive recommenda-
tions for the Heritage Area’s conservation, funding, management
and development. Such plan shall take into consideration existing
State, county, and local plans and involve residents, public agencies,
and private organizations working in the Heritage Area. It shall
include actions to be undertaken by units of government and private
organizations to protect the resources of the Heritage Area. It
shall specify the existing and potential sources of funding to protect,
manage, and develop the Heritage Area. Such plan shall include
specifically as appropriate the following:
(1) An inventory of the resources contained in the Heritage
Area, including a list of any property in the Heritage Area
that is related to the themes of the Heritage Area and that
should be preserved, restored, managed, developed, or main-
tained because of its natural, cultural, historic, recreational,
or scenic significance.
(2) A recommendation of policies of resource management
which consider and detail application of appropriate land and
water management techniques, including but not limited to,
the development of intergovernmental cooperative agreements
to protect the Heritage Area’s historical, cultural, recreational,
and natural resources in a manner consistent with supporting
appropriate and compatible economic viability.
(3) A program for implementation of the management plan
by the management entities, including plans for restoration
and construction, and specific commitments of the identified
partners for the first 5 years of operation.
(4) An analysis of ways in which local, State, and Federal
programs may best be coordinated to promote the purposes
of this title.
(5) An interpretation plan for the Heritage Area.
SEC. 907. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITIES.
(a) AUTHORITIES OF THE MANAGEMENT ENTITIES.—The manage-
ment entities may, for purposes of preparing and implementing
the management plan under section 906, use Federal funds made
available through 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; and
(2) to hire and compensate staff.
H. R. 4236—186
(b) DUTIES OF THE MANAGEMENT ENTITIES.—The management
entities shall—
(1) develop and submit to the Secretary for approval a
management plan as described in section 906 within 5 years
after the date of the enactment of this title.
(2) give priority to implementing actions as set forth in
the compact and the management plan, including taking
steps to—
(A) assist units of government, regional planning
organizations, and nonprofit organizations in preserving
the Heritage Area;
(B) assist units of government, regional planning
organizations, and nonprofit organizations in establishing,
and maintaining interpretive exhibits in the Heritage Area;
(C) assist units of government, regional planning
organizations, and nonprofit organizations in developing
recreational resources in the Heritage Area;
(D) assist units of government, regional planning
organizations, and nonprofit organizations in increasing
public awareness of an appreciation for the natural, histori-
cal and architectural resources and sites in the Heritage
Area;
(E) assist units of government, regional planning
organizations and nonprofit organizations in the restoration
of any historic building relating to the themes of the
Heritage Area;
(F) encourage by appropriate means economic viability
in the corridor consistent with the goals of the plan;
(G) encourage local governments to adopt land use
policies consistent with the management of the Heritage
Area and the goals of the plan; and
(H) assist units of government, regional planning
organizations and nonprofit organizations to ensure that
clear, consistent, and environmentally appropriate signs
identifying access points and sites of interest are put in
place throughout the Heritage Area;
(3) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area;
(4) conduct public meetings at least quarterly regarding
the implementation of the management plan;
(5) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary for the Secretary’s
approval;
(6) for any year in which Federal funds have been received
under this title, submit an annual report to the Secretary
setting forth its accomplishments, its expenses and income,
and the entities to which any loans and grants were made
during the year for which the report is made; and
(7) for any year in which Federal funds have been received
under this title, make available for audit all records pertaining
to the expenditure of such funds and any matching funds,
and require, for all agreements authorizing expenditure of
Federal funds by other organizations, that the receiving
organizations make available for audit all records pertaining
to the expenditure of such funds.
H. R. 4236—187
If a management plan is not submitted to the Secretary as required
under paragraph (1) within the specified time, the Heritage Area
shall no longer qualify for Federal funding.
(c) PROHIBITION
ON
THE ACQUISITION
OF REAL PROPERTY.—
The management entities may not use Federal funds received under
this title to acquire real property or an interest in real property.
Nothing in this title shall preclude any management entity from
using Federal funds from other sources for their permitted purposes.
(d) ELIGIBILITY FOR RECEIVING FINANCIAL ASSISTANCE.—
(1) ELIGIBILITY.—The management entities shall be eligible
to receive funds appropriated through this title for a period
of 10 years after the day on which the compact under section
905 is signed by the Secretary and the management entities,
except as provided in paragraph (2).
(2) EXCEPTION.—The management entities’ eligibility for
funding under this title may be extended for a period of not
more than 5 additional years if—
(A) the management entities determine such extension
is necessary in order to carry out the purposes of this
title and notify the Secretary not later than 180 days
prior to the termination date;
(B) the management entities, not later than 180 days
prior to the termination date, present to the Secretary
a plan of their activities for the period of the extension,
including provisions for becoming independent of the funds
made available through this title; and
(C) the Secretary, with the advice of the Governor
of New York, approves such extension of funding.
SEC. 908. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) DUTIES AND AUTHORITIES OF THE SECRETARY.—
(1) TECHNICAL AND FINANCIAL ASSISTANCE.—
(A) IN GENERAL.—The Secretary may, upon request
of the management entities, provide technical and financial
assistance to the Heritage Area to develop and implement
the management plan. In assisting the Heritage Area, the
Secretary shall give priority to actions that in general
assist in—
(i) conserving the significant natural historic, and
cultural resources which support its themes; and
(ii) 
providing 
educational, 
interpretive, 
and
recreational opportunities consistent with its resources
and associated values.
(B) SPENDING FOR NON-FEDERALLY OWNED PROPERTY.—
The Secretary may spend Federal funds directly on nonfed-
erally owned property to further the purposes of this title,
especially in assisting units of government in appropriate
treatment of districts, sites, buildings, structures, and
objects listed or eligible for listing on the National Register
of Historic Places.
(2) APPROVAL
AND
DISAPPROVAL
OF
COMPACTS
AND
MANAGEMENT PLANS.—
(A) IN GENERAL.—The Secretary, in consultation with
the Governor of New York, shall approve or disapprove
a compact or management plan submitted under this title
not later than 90 days after receiving such compact or
management plan.
H. R. 4236—188
(B) ACTION FOLLOWING DISAPPROVAL.—If the Secretary
disapproves a submitted compact or management plan,
the Secretary shall advise the management entities in
writing of the reasons therefor and shall make rec-
ommendations for revisions in the compact or plan. The
Secretary shall approve or disapprove a proposed revision
within 90 days after the date it is submitted.
(3) APPROVING AMENDMENTS.—The Secretary shall review
substantial amendments to the management plan for the Herit-
age Area. Funds appropriated pursuant to this title may not
be expended to implement the changes until the Secretary
approves the amendments.
(4) PROMULGATING
REGULATIONS.—The Secretary shall
promulgate such regulations as are necessary to carry out
the purposes of this title.
(b) DUTIES OF FEDERAL ENTITIES.—Any Federal entity conduct-
ing or supporting activities directly affecting the Heritage Area,
and any unit of government acting pursuant to a grant of Federal
funds or a Federal permit or agreement conducting or supporting
such activities, shall to the maximum extent practicable—
(1) consult with the Secretary and the management entities
with respect to such activities;
(2) cooperate with the Secretary and the management
entities in carrying out their duties under this title and coordi-
nate such activities with the carrying out of such duties; and
(3) conduct or support such activities in a manner consist-
ent with the management plan unless the Federal entity, after
consultation with the management entities, determines there
is no practicable alternative.
SEC. 909. AUTHORIZATION OF APPROPRIATIONS.
(a) COMPACTS AND MANAGEMENT PLAN.—There is authorized
to be appropriated to the Secretary, for grants for developing a
compact under section 905 and providing assistance for a manage-
ment plan under section 906, not more than $300,000, to remain
available until expended, subject to the following conditions:
(1) No grant for a compact or management plan may exceed
75 percent of the grantee’s cost for such study or plan.
(2) The total amount of Federal funding for the compact
for the Heritage Area may not exceed $150,000.
(3) The total amount of Federal funding for a management
plan for the Heritage Area may not exceed $150,000.
(b) MANAGEMENT ENTITY OPERATIONS.—There is authorized to
be appropriated to the Secretary for the management entities,
amounts as follows:
(1) For the operating costs of each management entity,
pursuant to section 907, not more than $250,000 annually.
(2) For technical assistance pursuant to section 908, not
more than $50,000 annually.
The Federal contribution to the operations of the management
entities shall not exceed 50 percent of the annual operating costs
of the entities.
(c) IMPLEMENTATION.—There is authorized to be appropriated
to the Secretary, for grants (and the administration thereof) for
the implementation of the management plans for the Heritage
Area pursuant to section 908, not more than $10,000,000, to remain
available until expended, subject to the following conditions:
H. R. 4236—189
(1) No grant for implementation may exceed 50 percent
of the grantee’s cost of implementation.
(2) Any payment made shall be subject to an agreement
that conversion, use, or disposal of the project so assisted
for purposes contrary to the purposes of this title, as determined
by the Secretary, shall result in a right of the United States
of reimbursement of all funds made available to such project
or the proportion of the increased value of the project
attributable to such funds as determined at the time of such
conversion, use, or disposal, whichever is greater.
SEC. 910. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after September 30, 2012.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.