(2) OTHER
SOURCES.—Nothing in this title
precludes the management entity from using Federal
funds from other sources for authorized purposes.
SEC. 106. MANAGEMENT PLAN.
(a) PREPARATION OF PLAN.—Not later than 3 years
after the date of the enactment of this title, the manage-
ment entity shall submit to the Secretary for approval a
proposed Management Plan that shall take into consider-
ation State and local plans and involve residents, public
agencies, and private organizations in the Heritage Area.
(b) CONTENTS.—The Management Plan shall incor-
porate an integrated and cooperative approach for the pro-
tection, enhancement, and interpretation of the natural,
cultural, historic, scenic, and recreational resources of the
Heritage Area and shall include the following:
(1) An inventory of the resources contained in
the core area of the Heritage Area, including the
Dayton Aviation Heritage Historical Park, the sites,
buildings, and districts listed in section 202 of the
Dayton Aviation Heritage Preservation Act of 1992
(Public Law 102–419), and any other property in
the Heritage Area that is related to the themes of
the Heritage Area and that should be preserved, re-
stored, managed, or maintained because of its sig-
nificance.
(2) An assessment of cultural landscapes within
the Heritage Area.
(3) Provisions for the protection, interpretation,
and enjoyment of the resources of the Heritage Area
consistent with the purposes of this title.
(4) An interpretation plan for the Heritage
Area.
(5) A program for implementation of the Man-
agement Plan by the management entity, including
the following:
(A) 
Facilitating 
ongoing 
collaboration
among the partners to promote heritage tour-
ism and to develop educational and cultural
programs for the public.
(B) Assisting partners planning for res-
toration and construction.
(C) Specific commitments of the partners
for the first 5 years of operation.
(6) The identification of sources of funding for
implementing the plan.
(7) A description and evaluation of the manage-
ment entity, including its membership and organiza-
tional structure.
(c) DISQUALIFICATION FROM FUNDING.—If a pro-
posed Management Plan is not submitted to the Secretary
within 3 years of the date of the enactment of this title,
the management entity shall be ineligible to receive addi-
tional funding under this title until the date on which the
Secretary receives the proposed Management Plan.
(d) APPROVAL AND DISAPPROVAL OF MANAGEMENT
PLAN.—The Secretary, in consultation with the State of
Ohio, shall approve or disapprove the proposed Manage-
ment Plan submitted under this title not later than 90
days after receiving such proposed Management Plan.
(e) ACTION FOLLOWING DISAPPROVAL.—If the Sec-
retary disapproves a proposed Management Plan, the Sec-
retary shall advise the management entity in writing of
the reasons for the disapproval and shall make rec-
ommendations for revisions to the proposed Management
Plan. The Secretary shall approve or disapprove a pro-
posed revision within 90 days after the date it is sub-
mitted.
(f) APPROVAL
OF AMENDMENTS.—The Secretary
shall review and approve substantial amendments to the
Management Plan. Funds appropriated under this title
may not be expended to implement any changes made by
such amendment until the Secretary approves the amend-
ment.
SEC. 107. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER
FEDERAL AGENCIES.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon
the request of the management entity, the Secretary may
provide technical assistance, on a reimbursable or non-
reimbursable basis, and financial assistance to the Herit-
age Area to develop and implement the management plan.
The Secretary is authorized to enter into cooperative
agreements with the management entity and other public
or private entities for this purpose. In assisting the Herit-
age Area, the Secretary shall give priority to actions that
in general assist in—
(1) conserving the significant natural, historic,
cultural, and scenic resources of the Heritage Area;
and
(2) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes
of the Heritage Area.
(b) DUTIES OF OTHER FEDERAL AGENCIES.—Any
Federal agency conducting or supporting activities directly
affecting the Heritage Area shall—
(1) consult with the Secretary and the manage-
ment entity with respect to such activities;
(2) cooperate with the Secretary and the man-
agement entity 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, conduct
or support such activities in a manner which the
management entity determines will not have an ad-
verse effect on the Heritage Area.
SEC. 108. COORDINATION BETWEEN THE SECRETARY AND
THE SECRETARY OF DEFENSE AND THE AD-
MINISTRATOR OF NASA.
The decisions concerning the execution of this title
as it applies to properties under the control of the Sec-
retary of Defense and the Administrator of the National
Aeronautics and Space Administration shall be made by
such Secretary or such Administrator, in consultation with
the Secretary of the Interior.
SEC. 109. 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 Heritage Area until the owner of that private
property has been notified in writing by the management
entity and has given written consent for such preservation,
conservation, or promotion to the management entity.
(b) LANDOWNER WITHDRAW.—Any owner of private
property included within the boundary of the Heritage
Area shall have their property immediately removed from
the boundary by submitting a written request to the man-
agement entity.
SEC. 110. 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 gov-
ernment 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 Heritage Area
shall not be considered to create any liability, or to have
any effect on any liability under any other law, of any pri-
vate 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 OWNERS
IN HERITAGE AREA.—Nothing in this title shall be con-
strued to require the owner of any private property located
within the boundaries of the Heritage Area to participate
in or be associated with the Heritage Area.
(e) EFFECT OF ESTABLISHMENT.—The boundaries
designated for the Heritage Area represent the area within
which Federal funds appropriated for the purpose of this
title may be expended. The establishment of the Heritage
Area and its boundaries shall not be construed to provide
any nonexisting regulatory authority on land use within
the Heritage Area or its viewshed by the Secretary, the
National Park Service, or the management entity.
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—To carry out this title there is au-
thorized 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) FIFTY 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.
SEC. 112. SUNSET PROVISION.
The authority of the Secretary to provide assistance
under this title terminates on the date that is 15 years
after the date that funds are first made available for this
title.
TITLE II—WRIGHT COMPANY
FACTORY STUDY
SEC. 201. STUDY AND REPORT.
(a) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct
a special resource study updating the study required
under section 104 of the Dayton Aviation Heritage
Preservation Act of 1992 (Public Law 102–419) and
detailing alternatives for incorporating the Wright
Company factory as a unit of Dayton Aviation Her-
itage National Historical Park.
(2) CONTENTS.—The study shall include an
analysis of alternatives for including the Wright
Company factory as a unit of Dayton Aviation Her-
itage National Historical Park that detail manage-
ment and development options and costs.
(3) CONSULTATION.—In conducting the study,
the Secretary shall consult with the Delphi Corpora-
tion, the Aviation Heritage Foundation, State and
local agencies, and other interested parties in the
area.
(b) REPORT.—Not later than 3 years after funds are
first made available for this section, the Secretary shall
submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Nat-
ural Resources of the Senate a report describing the re-
sults of the study conducted under this section.
TITLE III—STEEL INDUSTRY
NATIONAL HISTORIC SITE
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Steel Industry Na-
tional Historic Site Act’’.
SEC. 302. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) Certain sites and structures in the Com-
monwealth of Pennsylvania symbolize in physical
form the heritage of the steel industry of the United
States.
(2) Certain buildings and other structures in
the Commonwealth of Pennsylvania are nationally
significant historical resources, including the United
States Steel Homestead Works, the Carrie Furnace
complex, and the Hot Metal Bridge.
(3) Despite substantial efforts for cultural pres-
ervation and historical interpretation by the Com-
monwealth of Pennsylvania and by individuals and
public and private entities in the Commonwealth,
these buildings and other structures may be lost
without the assistance of the Federal Government.
(b) PURPOSES.—The purposes of this title are to en-
sure the preservation, interpretation, visitor enjoyment,
and maintenance of the nationally significant historical
and cultural sites and structures described in subsection
(a) for the benefit and inspiration of present and future
generations.
SEC. 303. STEEL INDUSTRY NATIONAL HISTORIC SITE,
PENNSYLVANIA.
(a) ESTABLISHMENT.—The Steel Industry National
Historic Site is hereby established as a unit of the Na-
tional Park System in the Commonwealth of Pennsyl-
vania.
(b) DESCRIPTION.—
(1) INCLUSION OF CERTAIN PROPERTY.—Sub-
ject to paragraph (2), the historic site shall consist
of the following properties, each of which relate to
the former United States Steel Homestead Works,
as depicted on the map entitled ‘‘Steel Industry Na-
tional Historic Site’’, dated November 2003, and
numbered 80,000:
(A) The historic location of the Battle of
Homestead site in the borough of Munhall,
Pennsylvania, consisting of approximately 3
acres of land, including the pumphouse and
water tower and related structures, within the
property bounded by the Monongahela River,
the CSX railroad, Waterfront Drive, and the
Damascus-Marcegaglia Steel Mill.
(B) The historic location of the Carrie
Furnace complex in the boroughs of Swissvale
and Rankin, Pennsylvania, consisting of ap-
proximately 35 acres of land, including blast
furnaces 6 and 7, the ore yard, the cast house,
the blowing engine house, the AC power house,
and related structures, within the property
bounded by the proposed southwesterly right-of-
way line needed to accommodate the Mon/Fay-
ette Expressway and the relocated CSX railroad
right-of-way, the Monongahela River, and a
property line drawn northeast to southwest ap-
proximately 100 yards east of the AC power
house.
(C) The historic location of the Hot Metal
Bridge, consisting of the Union railroad bridge
and its approaches, spanning the Monongahela
River and connecting the mill sites in the bor-
oughs of Rankin and Munhall, Pennsylvania.
(2) AVAILABILITY OF MAP.—The map referred
to in paragraph (1) shall be available for public in-
spection in an appropriate office of the National
Park Service.
(c) ACQUISITION OF PROPERTY.— To further the
purposes of this section, the Secretary of the Interior may
acquire, only by donation, property for inclusion in the his-
toric site as follows:
(1) Any land or interest in land with respect to
the property identified in subsection (b)(1).
(2) Up to 10 acres of land adjacent to or in the
general proximity of the property identified in such
subsection, for the development of visitor, adminis-
trative, museum, curatorial, and maintenance facili-
ties.
(3) Personal property associated with, and ap-
propriate for, the interpretation of the historic site.
(d) PRIVATE PROPERTY PROTECTIONS.—Nothing in
this title shall be construed—
(1) to require any private property owner to
permit public access (including Federal, State, or
local government access) to the private property; or
(2) to modify any provision of Federal, State,
or local law with regard to public access to or use
of private property.
(e) ADMINISTRATION.—The Secretary of the Interior
shall administer the historic site in accordance with this
title and the provisions of law generally applicable to units
of the National Park System, including the Act of August
25, 1916 (16 U.S.C. 1 et seq.), and the Act of August
21, 1935 (16 U.S.C. 461 et seq.).
(f) COOPERATIVE AGREEMENTS.—
(1) IN GENERAL.—Until such time as the Sec-
retary of the Interior has acquired the property
identified in subsection (b)(1), as depicted on the
map referred to in such subsection, the Secretary
may enter into a cooperative agreement with any in-
terested individual, public or private agency, organi-
zation, or institution to further the purposes of the
historic site.
(2) CONTRARY PURPOSES.—Any payment made
by the Secretary pursuant to a cooperative agree-
ment under this subsection shall be subject to an
agreement that conversion, use, or disposal of the
project so assisted for purposes contrary to the pur-
pose of the historic site, as determined by the Sec-
retary, shall result in a right of the United States
to reimbursement of all funds made available to such
a 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.
(g) TECHNICAL ASSISTANCE.—The Secretary of the
Interior may provide technical assistance to any person
for—
(1) the preservation of historic structures with-
in the historic site; and
(2) the maintenance of the natural and cultural
landscape of the historic site.
(h) GENERAL MANAGEMENT PLAN.—
(1) PREPARATION.—Not later than three years
after the date on which funds are first made avail-
able to carry out this title, the Secretary of the Inte-
rior shall prepare a general management plan for
the historic site that will incorporate or otherwise
address substantive comments made during the con-
sultation required by paragraph (2).
(2) CONSULTATION.—The Secretary shall pre-
pare the general management plan in consultation
with—
(A) an appropriate official of each appro-
priate political subdivision of the Common-
wealth of Pennsylvania that has jurisdiction
over all or a portion of the lands included in the
historic site;
(B) an appropriate official of the Steel In-
dustry Heritage Corporation; and
(C) private property owners in the vicinity
of the historic site.
(3) SUBMISSION
OF
PLAN
TO
CONGRESS.—
Upon the completion of the general management
plan, the Secretary shall submit a copy of the plan
to the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of
the House of Representatives.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the pur-
poses of this title not more than $40,000,000.
TITLE IV—ST. CROIX NATIONAL
HERITAGE AREA STUDY
SEC. 401. ST. CROIX NATIONAL HERITAGE AREA STUDY.
(a) SHORT TITLE.—This section may be cited as the
‘‘St. Croix National Heritage Area Study Act’’.
(b) STUDY.—The Secretary of the Interior, in con-
sultation with appropriate State historic preservation offi-
cers, States historical societies, and other appropriate or-
ganizations, shall conduct a study regarding the suitability
and feasibility of designating the island of St. Croix as
the St. Croix National Heritage Area. The study shall in-
clude analysis, documentation, and determination regard-
ing whether the island of St. Croix—
(1) has an assemblage of natural, historic, and
cultural resources that together represent distinctive
aspects of American heritage worthy of recognition,
conservation, interpretation, and continuing use, and
are best managed through partnerships among pub-
lic and private entities and by combining diverse and
sometimes noncontiguous resources and active com-
munities;
(2) provides outstanding opportunities to con-
serve natural, historic, cultural, or scenic features;
(3) provides outstanding recreational and edu-
cational opportunities;
(4) contains resources important to the identi-
fied theme or themes of the island of St. Croix that
retain a degree of integrity capable of supporting in-
terpretation;
(5) includes residents, business interests, non-
profit organizations, and local and State govern-
ments that are involved in the planning, have devel-
oped a conceptual financial plan that outlines the
roles of all participants (including the Federal Gov-
ernment), and have demonstrated support for the
concept of a national heritage area;
(6) has a potential management entity to work
in partnership with residents, business interests,
nonprofit organizations, and local and State govern-
ments to develop a national heritage area consistent
with continued local and State economic activity;
and
(7) has a conceptual boundary map that is sup-
ported by the public.
(c) PRIVATE PROPERTY.—In conducting the study
required by this section, the Secretary of the Interior shall
analyze the potential impact that designation of the area
as a national heritage area is likely to have on land within
the proposed area or bordering the proposed area that is
privately owned at the time that the study is conducted.
(d) REPORT.—Not later than 3 fiscal years after the
date on which funds are first made available for this sec-
tion, the Secretary of the Interior shall submit to the Com-
mittee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the
Senate a report on the findings, conclusions, and rec-
ommendations as the Secretary deems appropriate.
TITLE V—ARABIA MOUNTAIN
NATIONAL HERITAGE AREA
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Arabia Mountain Na-
tional Heritage Area Act’’.
SEC. 502. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) The Arabia Mountain area contains a vari-
ety of natural, cultural, historical, scenic, and rec-
reational resources that together represent distinc-
tive aspects of the heritage of the United States that
are worthy of recognition, conservation, interpreta-
tion, and continuing use.
(2) The best methods for managing the re-
sources of the Arabia Mountain area would be
through partnerships between public and private en-
tities that combine diverse resources and active com-
munities.
(3) Davidson-Arabia Mountain Nature Pre-
serve, a 535-acre park in DeKalb County, Georgia—
(A) protects granite outcrop ecosystems,
wetland, and pine and oak forests; and
(B) includes federally-protected plant spe-
cies.
(4) Panola Mountain, a national natural land-
mark, located in the 860-acre Panola Mountain
State Conservation Park, is a rare example of a
pristine granite outcrop.
(5) The archaeological site at Miners Creek
Preserve along the South River contains documented
evidence of early human activity.
(6) The city of Lithonia, Georgia, and related
sites of Arabia Mountain and Stone Mountain pos-
sess sites that display the history of granite mining
as an industry and culture in Georgia, and the im-
pact of that industry on the United States.
(7) The community of Klondike is eligible for
designation as a National Historic District.
(8) The city of Lithonia has 2 structures listed
on the National Register of Historic Places.
(b) PURPOSES.—The purposes of this title are as fol-
lows:
(1) To recognize, preserve, promote, interpret,
and make available for the benefit of the public the
natural, cultural, historical, scenic, and recreational
resources in the area that includes Arabia Mountain,
Panola Mountain, Miners Creek, and other signifi-
cant sites and communities.
(2) To assist the State of Georgia and the
counties of DeKalb, Rockdale, and Henry in the
State in developing and implementing an integrated
cultural, historical, and land resource management
program to protect, enhance, and interpret the sig-
nificant resources within the heritage area.
SEC. 503. DEFINITIONS.
For the purposes of this title, the following defini-
tions apply:
(1) HERITAGE
AREA.—The term ‘‘heritage
area’’ means the Arabia Mountain National Heritage
Area established by section 504.
(2) MANAGEMENT ENTITY.—The term ‘‘man-
agement entity’’ means the Arabia Mountain Herit-
age Area Alliance or a successor of the Arabia
Mountain Heritage Area Alliance.
(3) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the her-
itage area developed under section 506.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) STATE.—The term ‘‘State’’ means the State
of Georgia.
SEC. 504. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is established the Ara-
bia Mountain National Heritage Area in the State.
(b) BOUNDARIES.—The heritage area shall consist of
certain parcels of land in the counties of DeKalb,
Rockdale, and Henry in the State, as generally depicted
on the map entitled ‘‘Arabia Mountain National Heritage
Area’’, numbered AMNHA/80,000, and dated October,
2003.
(c) AVAILABILITY OF MAP.—The map shall be on file
and available for public inspection in the appropriate of-
fices of the National Park Service.
(d) MANAGEMENT ENTITY.—The Arabia Mountain
Heritage Area Alliance shall be the management entity for
the heritage area.
SEC. 505. AUTHORITIES AND DUTIES OF THE MANAGEMENT
ENTITY.
(a) AUTHORITIES.—For purposes of developing and
implementing the management plan, the management en-
tity may—
(1) make grants to, and enter into cooperative
agreements with, the State, political subdivisions of
the State, and private organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) DUTIES.—
(1) MANAGEMENT PLAN.—
(A) IN GENERAL.—The management entity
shall develop and submit to the Secretary the
management plan.
(B) CONSIDERATIONS.—In developing and
implementing the management plan, the man-
agement entity shall consider the interests of
diverse governmental, business, and nonprofit
groups within the heritage area.
(2) PRIORITIES.—The management entity shall
give priority to implementing actions described in
the management plan, including assisting units of
government and nonprofit organizations in pre-
serving resources within the heritage area.
(3) PUBLIC MEETINGS.—The management enti-
ty shall conduct public meetings at least quarterly
on the implementation of the management plan.
(4) ANNUAL REPORT.—For any year in which
Federal funds have been made available under this
title, the management entity shall submit to the Sec-
retary an annual report that describes the following:
(A) The accomplishments of the manage-
ment entity.
(B) The expenses and income of the man-
agement entity.
(5) AUDIT.—The management entity shall—
(A) make available to the Secretary for
audit all records relating to the expenditure of
Federal funds and any matching funds; and
(B) require, with respect to all agreements
authorizing expenditure of Federal funds by
other organizations, that the receiving organiza-
tions make available to the Secretary for audit
all records concerning the expenditure of those
funds.
(c) USE OF FEDERAL FUNDS.—
(1) IN
GENERAL.—The management entity
shall not use Federal funds made available under
this title to acquire real property or an interest in
real property.
(2) OTHER
SOURCES.—Nothing in this title
precludes the management entity from using Federal
funds made available under other Federal laws for
any purpose for which the funds are authorized to
be used.
SEC. 506. MANAGEMENT PLAN.
(a) IN GENERAL.—The management entity shall de-
velop a management plan for the heritage area that incor-
porates an integrated and cooperative approach to protect,
interpret, and enhance the natural, cultural, historical,
scenic, and recreational resources of the heritage area.
(b) BASIS.—The management plan shall be based on
the preferred concept in the document entitled ‘‘Arabia
Mountain National Heritage Area Feasibility Study’’,
dated February 28, 2001.
(c) CONSIDERATION
OF OTHER PLANS
AND AC-
TIONS.—The management plan shall—
(1) take into consideration State and local
plans; and
(2) involve residents, public agencies, and pri-
vate organizations in the heritage area.
(d) REQUIREMENTS.—The management plan shall
include the following:
(1) An inventory of the resources in the herit-
age area, including—
(A) a list of property in the heritage area
that—
(i) relates to the purposes of the herit-
age area; and
(ii) should be preserved, restored,
managed, or maintained because of the sig-
nificance of the property; and
(B) an assessment of cultural landscapes
within the heritage area.
(2) Provisions for the protection, interpretation,
and enjoyment of the resources of the heritage area
consistent with the purposes of this title.
(3) An interpretation plan for the heritage area.
(4) A program for implementation of the man-
agement plan that includes—
(A) actions to be carried out by units of
government, private organizations, and public-
private partnerships to protect the resources of
the heritage area; and
(B) the identification of existing and po-
tential sources of funding for implementing the
plan.
(5) A description and evaluation of the manage-
ment entity, including the membership and organiza-
tional structure of the management entity.
(e) SUBMISSION TO SECRETARY FOR APPROVAL.—
(1) IN GENERAL.—Not later than 3 years after
the date of the enactment of this Act, the manage-
ment entity shall submit the management plan to
the Secretary for approval.
(2) EFFECT
OF
FAILURE
TO
SUBMIT.—If a
management plan is not submitted to the Secretary
by the date specified in paragraph (1), the Secretary
shall not provide any additional funding under this
title until such date as a management plan for the
heritage area is submitted to the Secretary.
(f) APPROVAL AND DISAPPROVAL OF MANAGEMENT
PLAN.—
(1) IN GENERAL.—Not later than 90 days after
receiving the management plan submitted under
subsection (e), the Secretary, in consultation with
the State, shall approve or disapprove the manage-
ment plan.
(2) ACTION FOLLOWING DISAPPROVAL.—
(A) REVISION.—If the Secretary dis-
approves a management plan submitted under
paragraph (1), the Secretary shall—
(i) advise the management entity in
writing of the reasons for the disapproval;
(ii) make recommendations for revi-
sions to the management plan; and
(iii) allow the management entity to
submit to the Secretary revisions to the
management plan.
(B) DEADLINE FOR APPROVAL OF REVI-
SION.—Not later than 90 days after the date on
which a revision is submitted under subpara-
graph (A)(iii), the Secretary shall approve or
disapprove the revision.
(g) REVISION OF 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 by the Secretary, the rec-
ommendations of the management entity for
any revisions to the management plan that the
management entity considers to be appropriate.
(2) EXPENDITURE OF FUNDS.—No funds made
available under this title shall be used to implement
any revision proposed by the management entity
under paragraph (1)(B) until the Secretary approves
the revision.
SEC. 507. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) IN GENERAL.—At the request of the management
entity, the Secretary may provide technical and financial
assistance to the heritage area to develop and implement
the management plan.
(b) PRIORITY.—In providing assistance under sub-
section (a), the Secretary shall give priority to actions that
facilitate—
(1) the conservation of the significant natural,
cultural, historical, scenic, and recreational resources
that support the purposes of the heritage area; and
(2) the provision of educational, interpretive,
and recreational opportunities that are consistent
with the resources and associated values of the herit-
age area.
SEC. 508. EFFECT ON CERTAIN AUTHORITY.
(a) OCCUPATIONAL, SAFETY, CONSERVATION, AND
ENVIRONMENTAL REGULATION.—Nothing in this title—
(1) imposes an occupational, safety, conserva-
tion, or environmental regulation on the heritage
area that is more stringent than the regulations that
would be applicable to the land described in section
504(b) but for the establishment of the heritage area
by section 504; or
(2) authorizes a Federal agency to promulgate
an occupational, safety, conservation, or environ-
mental regulation for the heritage area that is more
stringent than the regulations applicable to the land
described in section 504(b) as of the date of enact-
ment of this Act, solely as a result of the establish-
ment of the heritage area by section 504.
(b) LAND USE REGULATION.—Nothing in this title—
(1) modifies, enlarges, or diminishes any au-
thority of the Federal Government or a State or
local government to regulate any use of land as pro-
vided for by law (including regulations) in existence
on the date of enactment of this Act; or
(2) grants powers of zoning or land use to the
management entity.
SEC. 509. 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 Heritage Area until the owner of that private
property has been notified in writing by the management
entity and has given written consent for such preservation,
conservation, or promotion to the management entity.
(b) LANDOWNER WITHDRAW.—Any owner of private
property included within the boundary of the Heritage
Area shall have their property immediately removed from
the boundary by submitting a written request to the man-
agement entity.
SEC. 510. 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 gov-
ernment 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 Heritage Area
shall not be considered to create any liability, or to have
any effect on any liability under any other law, of any pri-
vate 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 OWNERS
IN HERITAGE AREA.—Nothing in this title shall be con-
strued to require the owner of any private property located
within the boundaries of the Heritage Area to participate
in or be associated with the Heritage Area.
(e) EFFECT OF ESTABLISHMENT.—The boundaries
designated for the Heritage Area represent the area within
which Federal funds appropriated for the purpose of this
title may be expended. The establishment of the Heritage
Area and its boundaries shall not be construed to provide
any nonexisting regulatory authority on land use within
the Heritage Area or its viewshed by the Secretary, the
National Park Service, or the management entity.
SEC. 511. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this title $10,000,000, to remain
available until expended, of which not more than
$1,000,000 may be used in any fiscal year.
(b) FEDERAL SHARE.—The Federal share of the cost
of any project or activity carried out using funds made
available under this title shall not exceed 50 percent.
SEC. 512. TERMINATION OF AUTHORITY.
The authority of the Secretary to make any grant or
provide any assistance under this title shall terminate on
September 30, 2016.
TITLE VI—UPPER HOUSATONIC
VALLEY NATIONAL HERITAGE
AREA
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Upper Housatonic
Valley National Heritage Area Act’’.
SEC. 602. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) The upper Housatonic Valley, encompassing
29 towns in the hilly terrain of western Massachu-
setts and northwestern Connecticut, is a singular
geographical and cultural region that has made sig-
nificant national contributions through its literary,
artistic, musical, and architectural achievements, its
iron, paper, and electrical equipment industries, and
its scenic beautification and environmental conserva-
tion efforts.
(2) The upper Housatonic Valley has 139 prop-
erties and historic districts listed on the National
Register of Historic Places including—
(A) five National Historic Landmarks—
(i) 
Edith 
Wharton’s 
home, 
The
Mount, Lenox, Massachusetts;
(ii) Herman Melville’s home, Arrow-
head, Pittsfield, Massachusetts;
(iii) W.E.B. DuBois’ Boyhood Home-
site, Great Barrington, Massachusetts;
(iv) Mission House, Stockbridge, Mas-
sachusetts; and
(v) Crane and Company Old Stone
Mill Rag Room, Dalton, Massachusetts;
and
(B) four National Natural Landmarks—
(i) Bartholomew’s Cobble, Sheffield,
Massachusetts, and Salisbury, Connecticut;
(ii) 
Beckley 
Bog, 
Norfolk, 
Con-
necticut;
(iii) Bingham Bog, Salisbury, Con-
necticut; and
(iv) Cathedral Pines, Cornwall, Con-
necticut.
(3) Writers, artists, musicians, and vacationers
have visited the region for more than 150 years to
enjoy its scenic wonders, making it one of the coun-
try’s leading cultural resorts.
(4) The upper Housatonic Valley has made sig-
nificant national cultural contributions through such
writers as Herman Melville, Nathaniel Hawthorne,
Edith Wharton, and W.E.B. DuBois, artists Daniel
Chester French and Norman Rockwell, and the per-
forming arts centers of Tanglewood, Music Moun-
tain, Norfolk (Connecticut) Chamber Music Festival,
Jacob’s Pillow, and Shakespeare & Company.
(5) The upper Housatonic Valley is noted for
its pioneering achievements in the iron, paper, and
electrical generation industries and has cultural re-
sources to interpret those industries.
(6) The region became a national leader in sce-
nic beautification and environmental conservation ef-
forts following the era of industrialization and defor-
estation and maintains a fabric of significant con-
servation 
areas 
including 
the 
meandering
Housatonic River.
(7) Important historical events related to the
American Revolution, Shays’ Rebellion, and early
civil rights took place in the upper Housatonic Val-
ley.
(8) The region had an American Indian pres-
ence going back 10,000 years and Mohicans had a
formative role in contact with Europeans during the
seventeenth and eighteenth centuries.
(9) The Upper Housatonic Valley National
Heritage Area has been proposed in order to height-
en appreciation of the region, preserve its natural
and historical resources, and improve the quality of
life and economy of the area.
(b) PURPOSES.—The purposes of this title are as fol-
lows:
(1) To establish the Upper Housatonic Valley
National Heritage Area in the State of Connecticut
and the Commonwealth of Massachusetts.
(2) To implement the national heritage area al-
ternative as described in the document entitled
‘‘Upper Housatonic Valley National Heritage Area
Feasibility Study, 2003’’.
(3) To provide a management framework to
foster a close working relationship with all levels of
government, the private sector, and the local com-
munities in the upper Housatonic Valley region to
conserve the region’s heritage while continuing to
pursue compatible economic opportunities.
(4) To assist communities, organizations, and
citizens in the State of Connecticut and the Com-
monwealth of Massachusetts in identifying, pre-
serving, interpreting, and developing the historical,
cultural, scenic, and natural resources of the region
for the educational and inspirational benefit of cur-
rent and future generations.
SEC. 603. DEFINITIONS.
In this title:
(1) HERITAGE
AREA.—The term ‘‘Heritage
Area’’ means the Upper Housatonic Valley National
Heritage Area, established in section 604.
(2) MANAGEMENT ENTITY.—The term ‘‘Man-
agement Entity’’ means the management entity for
the Heritage Area designated by section 604(d).
(3) MANAGEMENT PLAN.—The term ‘‘Manage-
ment Plan’’ means the management plan for the
Heritage Area specified in section 606.
(4) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Boundary Map Upper Housatonic Valley Na-
tional Heritage Area’’, numbered P17/80,000, and
dated February 2003.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(6) STATE.—The term ‘‘State’’ means the State
of Connecticut and the Commonwealth of Massachu-
setts.
SEC. 604. UPPER HOUSATONIC VALLEY NATIONAL HERIT-
AGE AREA.
(a) ESTABLISHMENT.—There is established the
Upper Housatonic Valley National Heritage Area.
(b) BOUNDARIES.—The Heritage Area shall be com-
prised of—
(1) part of the Housatonic River’s watershed,
which extends 60 miles from Lanesboro, Massachu-
setts to Kent, Connecticut;
(2) the towns of Canaan, Colebrook, Cornwall,
Kent, Norfolk, North Canaan, Salisbury, Sharon,
and Warren in Connecticut; and
(3) the towns of Alford, Becket, Dalton,
Egremont, Great Barrington, Hancock, Hinsdale,
Lanesboro, Lee, Lenox, Monterey, Mount Wash-
ington, New Marlboro, Pittsfield, Richmond, Shef-
field, Stockbridge, Tyringham, Washington, and
West Stockbridge in Massachusetts.
(c) AVAILABILITY OF MAP.—The map shall be on file
and available for public inspection in the appropriate of-
fices of the National Park Service, Department of the In-
terior.
(d) MANAGEMENT ENTITY.—The Upper Housatonic
Valley National Heritage Area, Inc. shall be the manage-
ment entity for the Heritage Area.
SEC. 605. AUTHORITIES, PROHIBITIONS AND DUTIES OF
THE MANAGEMENT ENTITY.
(a) DUTIES OF THE MANAGEMENT ENTITY.—To fur-
ther the purposes of the Heritage Area, the management
entity shall—
(1) prepare and submit a management plan for
the Heritage Area to the Secretary in accordance
with section 606;
(2) assist units of local government, regional
planning organizations, and nonprofit organizations
in implementing the approved 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 ap-
preciation for natural, historical, scenic, and
cultural resources of the Heritage Area;
(E) protecting and restoring historic sites
and buildings in the Heritage Area that are
consistent with heritage area themes;
(F) ensuring that signs identifying points
of public access and sites of interest are posted
throughout the Heritage Area; and
(G) promoting a wide range of partner-
ships among governments, organizations and in-
dividuals 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 preparation and im-
plementation of the management plan;
(4) conduct meetings open to the public at least
semi-annually regarding the development and imple-
mentation of the management plan;
(5) submit an annual report to the Secretary
for any fiscal year in which the management entity
receives Federal funds under this title, setting forth
its accomplishments, expenses, and income, includ-
ing grants to any other entities during the year for
which the report is made;
(6) make available for audit for any fiscal year
in which it receives Federal funds under this title,
all information pertaining to the expenditure of such
funds and any matching funds, and require in all
agreements authorizing expenditures of Federal
funds by other organizations, that the receiving or-
ganizations make available for such audit all records
and other information pertaining to the expenditure
of such funds; and
(7) encourage by appropriate means economic
development that is consistent with the purposes of
the Heritage Area.
(b) AUTHORITIES.—The management entity may, for
the purposes of preparing and implementing the manage-
ment plan for the Heritage Area, use Federal funds made
available through this title to—
(1) make grants to the State of Connecticut
and the Commonwealth of Massachusetts, their po-
litical subdivisions, nonprofit organizations and other
persons;
(2) enter into cooperative agreements with or
provide technical assistance to the State of Con-
necticut and the Commonwealth of Massachusetts,
their subdivisions, nonprofit organizations, and other
interested parties;
(3) hire and compensate staff, which shall in-
clude individuals with expertise in natural, cultural,
and historical resources protection, and heritage pro-
gramming;
(4) obtain money or services from any source
including any that are provided under any other
Federal law or program;
(5) contract for goods or services; and
(6) undertake to be a catalyst for any other ac-
tivity that furthers the purposes of the Heritage
Area and is consistent with the approved manage-
ment plan.
(c) PROHIBITIONS ON THE ACQUISITION OF REAL
PROPERTY.—The management entity may not use Fed-
eral funds received under this title to acquire real prop-
erty, but may use any other source of funding, including
other Federal funding outside this authority, intended for
the acquisition of real property.
SEC. 606. MANAGEMENT PLAN.
(a) IN GENERAL.—The management plan for the
Heritage Area shall—
(1) include comprehensive policies, strategies
and recommendations for conservation, funding,
management and development of the Heritage Area;
(2) take into consideration existing State, coun-
ty, and local plans in the development of the man-
agement plan and its implementation;
(3) include a description of actions that govern-
ments, private organizations, and individuals have
agreed to take to protect the natural, historical and
cultural resources of the Heritage Area;
(4) specify the existing and potential sources of
funding to protect, manage, and develop the Herit-
age Area in the first 5 years of implementation;
(5) include an inventory of the natural, histor-
ical, cultural, educational, scenic, and recreational
resources of the Heritage Area related to the themes
of the Heritage Area that should be preserved, re-
stored, managed, developed, or maintained;
(6) describe a program of implementation for
the management plan including plans for resource
protection, restoration, construction, and specific
commitments for implementation that have been
made by the management entity or any government,
organization, or individual for the first 5 years of
implementation; and
(7) include an interpretive plan for the Heritage
Area.
(b) DEADLINE AND TERMINATION OF FUNDING.—
(1) DEADLINE.—The management entity shall
submit the management plan to the Secretary for
approval within 3 years after funds are made avail-
able for this title.
(2) TERMINATION OF FUNDING.—If the man-
agement plan is not submitted to the Secretary in
accordance with this subsection, the management en-
tity shall not qualify for Federal funding under this
title until such time as the management plan is sub-
mitted to the Secretary.
SEC. 607. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—The
Secretary may, upon the request of the management enti-
ty, provide technical assistance on a reimbursable or non-
reimbursable basis and financial assistance to the Herit-
age Area to develop and implement the approved manage-
ment plan. The Secretary is authorized to enter into coop-
erative agreements with the management entity and other
public or private entities for this purpose. In assisting the
Heritage Area, the Secretary shall give priority to actions
that in general assist in—
(1) conserving the significant natural, histor-
ical, cultural, and scenic resources of the Heritage
Area; and
(2) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes
of the Heritage Area.
(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT
PLAN.—
(1) IN GENERAL.—The Secretary shall approve
or disapprove the management plan not later than
90 days after receiving the management plan.
(2) CRITERIA FOR APPROVAL.—In determining
the approval of the management plan, the Secretary
shall consider whether—
(A) the management entity is representa-
tive of the diverse interests of the Heritage
Area including governments, natural and his-
toric resource protection organizations, edu-
cational 
institutions, 
businesses, 
and 
rec-
reational organizations;
(B) the management entity has afforded
adequate opportunity, including public hearings,
for public and governmental involvement 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, historical, and cultural resources of
the Heritage Area; and
(D) the management plan is supported by
the appropriate State and local officials whose
cooperation is needed to ensure the effective im-
plementation of the State and local aspects of
the management plan.
(3) ACTION FOLLOWING DISAPPROVAL.—If the
Secretary disapproves the management plan, the
Secretary shall advise the management entity in
writing of the reasons therefore and shall make rec-
ommendations for revisions to the management plan.
The Secretary shall approve or disapprove a pro-
posed revision within 60 days after the date it is
submitted.
(4) APPROVAL OF AMENDMENTS.—Substantial
amendments to the management plan shall be re-
viewed by the Secretary and approved in the same
manner as provided for the original management
plan. The management entity shall not use Federal
funds authorized by this title to implement any
amendments until the Secretary has approved the
amendments.
SEC. 608. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activi-
ties directly affecting the Heritage Area shall—
(1) consult with the Secretary and the manage-
ment entity with respect to such activities;
(2) cooperate with the Secretary and the man-
agement entity in carrying out their duties under
this title and, to the maximum extent practicable,
coordinate such activities with the carrying out of
such duties; and,
(3) to the maximum extent practicable, conduct
or support such activities in a manner which the
management entity determines will not have an ad-
verse effect on the Heritage Area.
SEC. 609. 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 Heritage Area until the owner of that private
property has been notified in writing by the management
entity and has given written consent for such preservation,
conservation, or promotion to the management entity.
(b) LANDOWNER WITHDRAW.—Any owner of private
property included within the boundary of the Heritage
Area shall have their property immediately removed from
the boundary by submitting a written request to the man-
agement entity.
SEC. 610. 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 gov-
ernment 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 Heritage Area
shall not be considered to create any liability, or to have
any effect on any liability under any other law, of any pri-
vate 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 OWNERS
IN HERITAGE AREA.—Nothing in this title shall be con-
strued to require the owner of any private property located
within the boundaries of the Heritage Area to participate
in or be associated with the Heritage Area.
(e) EFFECT OF ESTABLISHMENT.—The boundaries
designated for the Heritage Area represent the area within
which Federal funds appropriated for the purpose of this
title may be expended. The establishment of the Heritage
Area and its boundaries shall not be construed to provide
any nonexisting regulatory authority on land use within
the Heritage Area or its viewshed by the Secretary, the
National Park Service, or the management entity.
SEC. 611. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated for the purposes of 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 Heritage Area
under this title.
(b) MATCHING FUNDS.—Federal funding provided
under this title may not exceed 50 percent of the total
cost of any assistance or grant provided or authorized
under this title.
SEC. 612. SUNSET.
The authority of the Secretary to provide assistance
under this title shall terminate on the day occurring 15
years after funds are first made available for this title.
TITLE VII—OIL REGION
NATIONAL HERITAGE AREA
SEC. 701. SHORT TITLE; DEFINITIONS.
(a) SHORT TITLE.—This title may be cited as the
‘‘Oil Region National Heritage Area Act’’.
(b) DEFINITIONS.—For the purposes of this title, the
following definitions shall apply:
(1) HERITAGE
AREA.—The term ‘‘Heritage
Area’’ means the Oil Region National Heritage Area
established in section 703(a).
(2) MANAGEMENT ENTITY.—The term ‘‘man-
agement entity’’ means the Oil Heritage Region,
Inc., or its successor entity.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 702. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The Oil Region of Northwestern Pennsyl-
vania, with numerous sites and districts listed on the
National Register of Historic Places, and designated
by the Governor of Pennsylvania as one of the State
Heritage Park Areas, is a region with tremendous
physical and natural resources and possesses a story
of State, national, and international significance.
(2) The single event of Colonel Edwin Drake’s
drilling of the world’s first successful oil well in
1859 has affected the industrial, natural, social, and
political structures of the modern world.
(3) Six national historic districts are located
within the State Heritage Park boundary, in
Emlenton, Franklin, Oil City, and Titusville, as well
as 17 separate National Register sites.
(4) The Allegheny River, which was designated
as a component of the national wild and scenic riv-
ers system in 1992 by Public Law 102–271, tra-
verses the Oil Region and connects several of its
major sites, as do some of the river’s tributaries
such as Oil Creek, French Creek, and Sandy Creek.
(5) The unspoiled rural character of the Oil Re-
gion provides many natural and recreational re-
sources, scenic vistas, and excellent water quality for
people throughout the United States to enjoy.
(6) Remnants of the oil industry, visible on the
landscape to this day, provide a direct link to the
past for visitors, as do the historic valley settle-
ments, riverbed settlements, plateau developments,
farmlands, and industrial landscapes.
(7) The Oil Region also represents a cross sec-
tion of American history associated with Native
Americans, frontier settlements, the French and In-
dian War, African Americans and the Underground
Railroad, and immigration of Swedish and Polish in-
dividuals, among others.
(8) Involvement by the Federal Government
shall serve to enhance the efforts of the Common-
wealth of Pennsylvania, local subdivisions of the
Commonwealth of Pennsylvania, volunteer organiza-
tions, and private businesses, to promote the cul-
tural, national, and recreational resources of the re-
gion in order to fulfill their full potential.
(b) PURPOSE.—The purpose of this title is to en-
hance a cooperative management framework to assist the
Commonwealth of Pennsylvania, its units of local govern-
ment, and area citizens in conserving, enhancing, and in-
terpreting the significant features of the lands, water, and
structures of the Oil Region, in a manner consistent with
compatible economic development for the benefit and in-
spiration of present and future generations in the Com-
monwealth of Pennsylvania and the United States.
SEC. 703. OIL REGION NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is hereby established
the Oil Region National Heritage Area.
(b) BOUNDARIES.—The boundaries of the Heritage
Area shall include all of those lands depicted on a map
entitled ‘‘Oil Region National Heritage Area’’, numbered
OIRE/20,000 and dated October, 2000. The map shall be
on file in the appropriate offices of the National Park
Service. The Secretary of the Interior shall publish in the
Federal Register, as soon as practical after the date of
the enactment of this Act, a detailed description and map
of the boundaries established under this subsection.
(c) MANAGEMENT ENTITY.—The management entity
for the Heritage Area shall be the Oil Heritage Region,
Inc., the locally based private, nonprofit management cor-
poration which shall oversee the development of a manage-
ment plan in accordance with section 705(b).
SEC. 704. COMPACT.
To carry out the purposes of this title, the Secretary
shall enter into a compact with the management entity.
The compact shall include information relating to the ob-
jectives and management of the area, including a discus-
sion of the goals and objectives of the Heritage Area, in-
cluding an explanation of the proposed approach to con-
servation and interpretation and a general outline of the
protection measures committed to by the Secretary and
management entity.
SEC. 705. AUTHORITIES AND DUTIES OF MANAGEMENT EN-
TITY.
(a) AUTHORITIES OF THE MANAGEMENT ENTITY.—
The management entity may use funds made available
under this title for purposes of preparing, updating, and
implementing the management plan developed under sub-
section (b). Such purposes may include—
(1) making grants to, and entering into cooper-
ative agreements with, States and their political sub-
divisions, private organizations, or any other person;
(2) hiring and compensating staff; and
(3) undertaking initiatives that advance the
purposes of the Heritage Area.
(b) MANAGEMENT PLAN.—The management entity
shall develop a management plan for the Heritage Area
that—
(1) presents comprehensive strategies and rec-
ommendations for conservation, funding, manage-
ment, and development of the Heritage Area;
(2) takes into consideration existing State,
county, and local plans and involves residents, public
agencies, and private organizations working in the
Heritage Area;
(3) includes a description of actions that units
of government and private organizations have agreed
to take to protect the resources of the Heritage
Area;
(4) specifies the existing and potential sources
of funding to protect, manage, and develop the Her-
itage Area;
(5) includes an inventory of the resources con-
tained 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 pre-
served, restored, managed, developed, or maintained
because of its natural, cultural, historic, recreational,
or scenic significance;
(6) describes a program for implementation of
the management plan by the management entity, in-
cluding plans for restoration and construction, and
specific commitments for that implementation that
have been made by the management entity and any
other persons for the first 5 years of implementa-
tion;
(7) lists any revisions to the boundaries of the
Heritage Area proposed by the management entity
and requested by the affected local government; and
(8) includes an interpretation plan for the Her-
itage Area.
(c) DEADLINE; TERMINATION OF FUNDING.—
(1) DEADLINE.—The management entity shall
submit the management plan to the Secretary within
2 years after the funds are made available for this
title.
(2) TERMINATION OF FUNDING.—If a manage-
ment plan is not submitted to the Secretary in ac-
cordance with this subsection, the management enti-
ty shall not qualify for Federal assistance under this
title.
(d) DUTIES OF MANAGEMENT ENTITY.—The man-
agement entity shall—
(1) give priority to implementing actions set
forth in the compact and management plan;
(2) assist units of government, regional plan-
ning organizations, and nonprofit organizations in—
(A) establishing and maintaining interpre-
tive exhibits in the Heritage Area;
(B) developing recreational resources in
the Heritage Area;
(C) increasing public awareness of and ap-
preciation for the natural, historical, and archi-
tectural resources and sites in the Heritage
Area;
(D) the restoration of any historic building
relating to the themes of the Heritage Area;
(E) ensuring that clear signs identifying
access points and sites of interest are put in
place throughout the Heritage Area; and
(F) carrying out other actions that the
management entity determines to be advisable
to fulfill the purposes of this title;
(3) encourage by appropriate means economic
viability in the Heritage Area consistent with the
goals of the management plan;
(4) consider the interests of diverse govern-
mental, business, and nonprofit groups within the
Heritage Area; and
(5) for any year in which Federal funds have
been provided to implement the management plan
under subsection (b)—
(A) conduct public meetings at least annu-
ally regarding the implementation of the man-
agement plan;
(B) submit an annual report to the Sec-
retary setting forth accomplishments, expenses
and income, and each person to which any
grant was made by the management entity in
the year for which the report is made; and
(C) require, for all agreements entered into
by the management entity authorizing expendi-
ture of Federal funds by any other person, that
the person making the expenditure make avail-
able to the management entity for audit all
records pertaining to the expenditure of such
funds.
(e) PROHIBITION ON THE ACQUISITION OF REAL
PROPERTY.—The management entity may not use Fed-
eral funds received under this title to acquire real property
or an interest in real property.
SEC. 706. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—
(A) OVERALL ASSISTANCE.—The Secretary
may, upon the request of the management enti-
ty, and subject to the availability of appropria-
tions, provide technical and financial assistance
to the management entity to carry out its du-
ties under this title, including updating and im-
plementing a management plan that is sub-
mitted under section 705(b) and approved by
the Secretary and, prior to such approval, pro-
viding assistance for initiatives.
(B) OTHER ASSISTANCE.—If the Secretary
has the resources available to provide technical
assistance to the management entity to carry
out its duties under this title (including updat-
ing and implementing a management plan that
is submitted under section 705(b) and approved
by the Secretary and, prior to such approval,
providing assistance for initiatives), upon the
request of the management entity the Secretary
shall provide such assistance on a reimbursable
basis. This subparagraph does not preclude the
Secretary from providing nonreimbursable as-
sistance under subparagraph (A).
(2) PRIORITY.—In assisting the management
entity, the Secretary shall give priority to actions
that assist in the—
(A) implementation of the management
plan;
(B) provision of educational assistance and
advice regarding land and water management
techniques to conserve the significant natural
resources of the region;
(C) development and application of tech-
niques promoting the preservation of cultural
and historic properties;
(D) preservation, restoration, and reuse of
publicly and privately owned historic buildings;
(E) design and fabrication of a wide range
of interpretive materials based on the manage-
ment plan, including guide brochures, visitor
displays, audio-visual and interactive exhibits,
and educational curriculum materials for public
education; and
(F) implementation of initiatives prior to
approval of the management plan.
(3) DOCUMENTATION
OF
STRUCTURES.—The
Secretary, acting through the Historic American
Building Survey and the Historic American Engi-
neering Record, shall conduct studies necessary to
document the industrial, engineering, building, and
architectural history of the Heritage Area.
(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT
PLANS.—The Secretary, in consultation with the Governor
of Pennsylvania, shall approve or disapprove a manage-
ment plan submitted under this title not later than 90
days after receiving such plan. In approving the plan, the
Secretary shall take into consideration the following cri-
teria:
(1) The extent to which the management plan
adequately preserves and protects the natural, cul-
tural, and historical resources of the Heritage Area.
(2) The level of public participation in the de-
velopment of the management plan.
(3) The extent to which the board of directors
of the management entity is representative of the
local government and a wide range of interested or-
ganizations and citizens.
(c) ACTION FOLLOWING DISAPPROVAL.—If the Sec-
retary disapproves a management plan, the Secretary shall
advise the management entity in writing of the reasons
for the disapproval and shall make recommendations for
revisions in the management plan. The Secretary shall ap-
prove or disapprove a proposed revision within 90 days
after the date it is submitted.
(d) APPROVING CHANGES.—The Secretary shall re-
view and approve amendments to the management plan
under section 705(b) that make substantial changes.
Funds appropriated under this title may not be expended
to implement such changes until the Secretary approves
the amendments.
(e) EFFECT OF INACTION.—If the Secretary does not
approve or disapprove a management plan, revision, or
change within 90 days after it is submitted to the Sec-
retary, then such management plan, revision, or change
shall be deemed to have been approved by the Secretary.
SEC. 707. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activi-
ties directly affecting the Heritage Area shall—
(1) consult with the Secretary and the manage-
ment entity with respect to such activities;
(2) cooperate with the Secretary and the man-
agement entity in carrying out their duties under
this title and, to the maximum extent practicable,
coordinate such activities with the carrying out of
such duties; and
(3) to the maximum extent practicable, conduct
or support such activities in a manner that the man-
agement entity determines shall not have an adverse
effect on the Heritage Area.
SEC. 708. SUNSET.
The Secretary may not make any grant or provide
any assistance under this title after the expiration of the
15-year period beginning on the date that funds are first
made available for this title.
SEC. 709. 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 Heritage Area until the owner of that private
property has been notified in writing by the management
entity and has given written consent for such preservation,
conservation, or promotion to the management entity.
(b) LANDOWNER WITHDRAW.—Any owner of private
property included within the boundary of the Heritage
Area shall have their property immediately removed from
the boundary by submitting a written request to the man-
agement entity.
SEC. 710. 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 gov-
ernment 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 Heritage Area
shall not be considered to create any liability, or to have
any effect on any liability under any other law, of any pri-
vate 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 OWNERS
IN HERITAGE AREA.—Nothing in this title shall be con-
strued to require the owner of any private property located
within the boundaries of the Heritage Area to participate
in or be associated with the Heritage Area.
(e) EFFECT OF ESTABLISHMENT.—The boundaries
designated for the Heritage Area represent the area within
which Federal funds appropriated for the purpose of this
title may be expended. The establishment of the Heritage
Area and its boundaries shall not be construed to provide
any nonexisting regulatory authority on land use within
the Heritage Area or its viewshed by the Secretary, the
National Park Service, or the management entity.
SEC. 711. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this title shall preclude the management
entity from using Federal funds available under Acts other
than this title for the purposes for which those funds were
authorized.
SEC. 712. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title—
(1) not more than $1,000,000 for any fiscal
year; and
(2) not more than a total of $10,000,000.
(b) 50 PERCENT MATCH.—Financial assistance pro-
vided under this title may not be used to pay more than
50 percent of the total cost of any activity carried out with
that assistance.
Passed the House of Representatives November 18,
2003.
Attest:
Clerk.