In the Senate of the United States,
November 20 (legislative day, November 19), 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 695) entitled ‘‘An Act to establish the Oil Region
National Heritage Area.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Omnibus National Her-
itage Area Act of 2002’’.
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SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—OIL REGION NATIONAL HERITAGE AREA
Sec. 101. Short title; definitions.
Sec. 102. Findings and purpose.
Sec. 103. Oil Region National Heritage Area.
Sec. 104. Memorandum of understanding.
Sec. 105. Authorities and duties of management entity.
Sec. 106. Duties and authorities of the Secretary.
Sec. 107. Duties of other Federal entities.
Sec. 108. Use of Federal funds from other sources.
Sec. 109. Authorization of appropriations.
Sec. 110. Termination of authority.
TITLE II—ARABIA MOUNTAIN NATIONAL HERITAGE AREA
Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Definitions.
Sec. 204. Arabia Mountain National Heritage Area.
Sec. 205. Authorities and duties of the management entity.
Sec. 206. Management plan.
Sec. 207. Technical and financial assistance.
Sec. 208. Effect on certain authority.
Sec. 209. Authorization of appropriations.
Sec. 210. Termination of authority.
TITLE III—FREEDOM’S WAY NATIONAL HERITAGE AREA
Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. Definitions.
Sec. 304. Freedom’s Way National Heritage Area.
Sec. 305. Management Plan.
Sec. 306. Authorities and duties of the management entity.
Sec. 307. Technical and financial assistance; other Federal agencies.
Sec. 308. Land use regulation; applicability of Federal law.
Sec. 309. Authorization of appropriations.
Sec. 310. Termination of authority.
TITLE IV—GREAT BASIN NATIONAL HERITAGE AREA
Sec. 401. Short title.
Sec. 402. Findings and purposes.
Sec. 403. Definitions.
Sec. 404. Great Basin National Heritage Area.
Sec. 405. Memorandum of understanding.
Sec. 406. Management plan.
Sec. 407. Authority and duties of management entity.
Sec. 408. Duties and authorities of Federal agencies.
Sec. 409. Land use regulation; applicability of Federal law.
Sec. 410. Authorization of appropriations.
Sec. 411. Termination of authority.
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(4) The Allegheny River, which was designated
as a component of the national wild and scenic rivers
system in 1992 by Public Law 102–271, traverses 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 settlements,
riverbed settlements, plateau developments, farmlands,
and industrial landscapes.
(7) The Oil Region also represents a cross section
of American history associated with Native Ameri-
cans, frontier settlements, the French and Indian
War, African Americans and the Underground Rail-
road, and immigration of Swedish and Polish indi-
viduals, among others.
(8) Involvement by the Federal Government shall
serve to enhance the efforts of the Commonwealth of
Pennsylvania, local subdivisions of the Common-
wealth of Pennsylvania, volunteer organizations, and
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private businesses, to promote the cultural, national,
and recreational resources of the region in order to
fulfill their full potential.
(b) PURPOSE.—The purpose of this title is to enhance
a cooperative management framework to assist the Com-
monwealth of Pennsylvania, its units of local government,
and area citizens in conserving, enhancing, and inter-
preting 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 inspi-
ration of present and future generations in the Common-
wealth of Pennsylvania and the United States.
SEC. 103. 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 enti-
tled ‘‘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 Serv-
ice. The Secretary shall publish in the Federal Register, as
soon as practical after the date of the enactment of this title,
a detailed description and map of the boundaries estab-
lished under this subsection.
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(c) MANAGEMENT ENTITY.—The management entity
for the Heritage Area shall be the Oil Heritage Region, Inc.,
the locally-based private, nonprofit management corpora-
tion which shall oversee the development of a management
plan in accordance with section 105(b).
SEC. 104. MEMORANDUM OF UNDERSTANDING.
To carry out the purposes of this title, the Secretary
shall enter into a memorandum of understanding with the
management entity. The memorandum shall include infor-
mation relating to the objectives and management of the
area, including a discussion of the goals and objectives of
the Heritage Area, including an explanation of the proposed
approach to conservation and interpretation and a general
outline of the protection measures committed to by the Sec-
retary and management entity.
SEC. 105. AUTHORITIES AND DUTIES OF MANAGEMENT EN-
TITY.
(a) AUTHORITIES.—The management entity may use
funds made available under this title for purposes of pre-
paring, updating, and implementing the management plan
developed under subsection (b). Such purposes may
include—
(1) making grants to, and entering into coopera-
tive agreements with, States and their political sub-
divisions, private organizations, or any other person;
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(2) hiring and compensating staff; and
(3) undertaking initiatives that advance the pur-
poses 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, coun-
ty, 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 Heritage
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
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because of its natural, cultural, historic, recreational,
or scenic significance;
(6) recommends policies for resource manage-
ment which consider and detail application of appro-
priate land and water management techniques, in-
cluding, but not limited to, the development of inter-
governmental and interagency cooperative agreements
to protect the Heritage Area’s historical, cultural, rec-
reational, and natural resources in a manner con-
sistent with supporting appropriate and compatible
economic viability;
(7) 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 implementation;
(8) includes an analysis of ways in which local,
State, and Federal programs, including the role for
the National Park Service in the Heritage Area, may
best be coordinated to promote the purposes of this
title;
(9) list any revisions to the boundaries of the
Heritage Area proposed by the management entity
and requested by the affected local government; and
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(10) 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 entity
shall not qualify for Federal assistance under this
title.
(d) DUTIES OF MANAGEMENT ENTITY.—The manage-
ment entity shall—
(1) give priority to implementing actions set
forth in the compact and management plan;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in—
(A) establishing and maintaining interpre-
tative 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;
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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 Federal
funds received under this title to acquire real property or
an interest in real property.
SEC. 106. 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 entity,
and subject to the availability of appropriations,
provide technical and financial assistance to the
management entity to carry out its duties under
this title, including updating and implementing
a management plan that is submitted under sec-
tion 105(b) and approved by the Secretary and,
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prior to such approval, providing 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 updating
and implementing a management plan that is
submitted under section 105(b) and approved by
the Secretary and, prior to such approval, pro-
viding 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 Sec-
retary from providing nonreimbursable assist-
ance under subparagraph (A).
(2) PRIORITY.—In assisting the management en-
tity, 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 re-
sources of the region;
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(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 Sec-
retary, acting through the Historic American Build-
ing Survey and the Historic American Engineering
Record, shall conduct studies necessary to document
the industrial, engineering, building, and architec-
tural 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 Sec-
retary shall take into consideration the following criteria:
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(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 devel-
opment 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 organiza-
tions 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 revi-
sions in the management plan. The Secretary shall approve
or disapprove a proposed revision within 90 days after the
date it is submitted.
(d) APPROVING CHANGES.—The Secretary shall review
and approve amendments to the management plan under
section 105(b) that make substantial changes. Funds appro-
priated under this title may not be expended to implement
such changes until the Secretary approves the amendments.
SEC. 107. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities
directly affecting the Heritage Area shall—
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(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, coordi-
nate such activities with the carrying out of such du-
ties; 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. 108. 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. 109. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title $10,000,000, of which not
more than $1,000,000 may be authorized to be appropriated
for any fiscal year.
(b) COST-SHARING
REQUIREMENT.—The Federal
share of the total cost of any activity assisted under this
title shall be not more than 50 percent.
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SEC. 110. 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.
TITLE II—ARABIA MOUNTAIN
NATIONAL HERITAGE AREA
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Arabia Mountain Her-
itage Area Act of 2002’’.
SEC. 202. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the Arabia Mountain area contains a variety
of natural, cultural, historical, scenic, and rec-
reational resources that together represent distinctive
aspects of the heritage of the United States that are
worthy of recognition, conservation, interpretation,
and continuing use;
(2) the best methods for managing the resources
of the Arabia Mountain area would be through part-
nerships between public and private entities that com-
bine diverse resources and active communities;
(3) Davidson-Arabia Mountain Nature Preserve,
a 535-acre park in DeKalb County, Georgia—
(A) protects granite outcrop ecosystems,
wetland, and pine and oak forests; and
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(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 Pre-
serve along the South River contains documented evi-
dence of early human activity;
(6) the city of Lithonia, Georgia, and related
sites of Arabia Mountain and Stone Mountain possess
sites that display the history of granite mining as an
industry and culture in Georgia, and the impact of
that industry on the United States;
(7) the community of Klondike is eligible for des-
ignation as a National Historic District; and
(8) the city of Lithonia has two structures listed
on the National Register of Historic Places.
(b) PURPOSES.—The purposes of this title are—
(1) to recognize, preserve, promote, interpret, and
make available for the benefit of the public the nat-
ural, cultural, historical, scenic, and recreational re-
sources in the area that includes Arabia Mountain,
Panola Mountain, Miners Creek, and other signifi-
cant sites and communities; and
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(2) to assist the state of Georgia and the counties
of DeKalb, Rockdale, and Henry in the State in de-
veloping and implementing an integrated cultural,
historical, and land resource management program to
protect, enhance, and interpret the significant re-
sources within the heritage area.
SEC. 203. DEFINITIONS.
In this title:
(1) HERITAGE AREA.—The term ‘‘heritage area’’
means the Arabia Mountain National Heritage Area
established by section 204.
(2) MANAGEMENT ENTITY.— The term ‘‘manage-
ment entity’’ means the Arabia Mountain Heritage
Area Alliance or its successor.
(3) MANAGEMENT
PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the her-
itage area developed under section 206.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) STATE.—The term ‘‘State’’ means the State
of Georgia.
SEC. 204. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is established the Arabia
Mountain National Heritage Area in the State.
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(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 ‘‘The Preferred Concept’’ contained in the document
entitled ‘‘Arabia Mountain National Heritage Area Feasi-
bility Study’’, dated February 28, 2001.
(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. 205. AUTHORITIES AND DUTIES OF THE MANAGEMENT
ENTITY.
(a) AUTHORITIES.—For purposes of developing and
implementing the management plan, the management enti-
ty 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.—
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(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 di-
verse 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—
(A) assisting units of government and non-
profit organizations in preserving resources
within the heritage area; and
(B) encouraging local governments to adopt
land use policies consistent with the management
of the heritage area and the goals of the manage-
ment plan.
(3) PUBLIC MEETINGS.—The management entity
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—
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(A) the accomplishments of the management
entity; and
(B) the expenses and income of the manage-
ment 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 prop-
erty.
(2) OTHER SOURCES.—Nothing in this title pre-
cludes 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.
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SEC. 206. 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, sce-
nic, and recreational resources of the heritage area.
(b) BASIS.—The management plan shall be based on
the preferred concept in the document entitled ‘‘Arab Moun-
tain National Heritage Area Feasibility Study’’, dated Feb-
ruary 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) REQIREMENTS.—The management plan shall
include—
(1) an inventory of the resources in the heritage
area, including—
(A) a list of property in the heritage area
that—
(i) relates to the purposes of the herit-
age area; and
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(ii) should be preserved, restored, man-
aged, or maintained because of the signifi-
cance 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 poten-
tial sources of funding for implementing the
plan; and
(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 enactment of this title, the management
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entity shall submit the management plan to the Sec-
retary for approval.
(2) EFFECT OF FAILURE TO SUBMIT.—If a man-
agement 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 herit-
age 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 sub-
section (e), the Secretary, in consultation with the
State, shall approve or disapprove the management
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
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(iii) allow the management entity to
submit to the Secretary revisions to the
management plan.
(B) DEADLINE FOR APPROVAL OF RE-
VISION.—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 entity
shall periodically—
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval by the Secretary, the recommendations
of the management entity for any revisions to
the management plan that the management enti-
ty 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.
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SEC. 207. 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. 208. EFFECT ON CERTAIN AUTHORITY.
(a) OCCUPATIONAL, SAFETY, CONSERVATION, AND EN-
VIRONMENTAL 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 204(b)
but for the establishment of the heritage area by sec-
tion 204; or
(2) authorizes a Federal agency to promulgate
an occupational, safety, conservation, or environ-
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mental regulation for the heritage area that is more
stringent than the regulations applicable to the land
described in section 204(b) as of the date of enactment
of this title, solely as a result of the establishment of
the heritage area by section 204.
(b) LAND USE REGULATION.—Nothing in this title—
(1) modifies, enlarges, or diminishes any author-
ity of the Federal Government or a State or local gov-
ernment to regulate any use of land as provided for
by law (including regulations) in existence on the
date of enactment of this title; or
(2) grants powers of zoning or land use to the
management entity.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title $10,000,000, of which not
more than $1,000,000 may be authorized to be appropriated
for any fiscal year.
(b) COST-SHARING
REQUIREMENT.—The Federal
share of the total cost of any activity assisted under this
title shall be not more than 50 percent.
SEC. 210. 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.
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TITLE III—FREEDOM’S WAY
NATIONAL HERITAGE AREA
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Freedom’s Way Na-
tional Heritage Area Act’’.
SEC. 302. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the cultural and natural legacies of an area
encompassing 36 communities in Massachusetts and 6
communities in New Hampshire have made impor-
tant and distinctive contributions to the national
character of America;
(2) recognizing and protecting those legacies will
help sustain the quality of life in the future;
(3) significant legacies of the area include—
(A) the early settlement of the United States
and the early evolution of democratic forms of
government;
(B) the development of intellectual tradi-
tions of the philosophies of freedom, democracy,
and conservation;
(C) the evolution of social ideas and reli-
gious freedom;
(D) the role of immigrants and industry in
contributing to ethnic diversity;
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(E) Native American and African Amer-
ican resources; and
(F) the role of innovation and invention in
cottage industries;
(4) the communities in the area know the value
of the legacies but need a cooperative framework and
technical assistance to achieve important goals by
working together;
(5) there is a Federal interest in supporting the
development of a regional framework to assist the
States, local governments, local organizations, and
other persons in the region with conserving, pro-
tecting, and bringing recognition to the heritage of the
area for the educational and recreation benefit of fu-
ture generations of Americans;
(6) significant examples of the area’s resources
include—
(A) Walden Pond State Reservation in Con-
cord, Massachusetts;
(B) Minute Man National Historical Park
in the State of Massachusetts;
(C) Shaker Villages in Shirley and Harvard
in the State of Massachusetts;
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(D) Wachusett Mountain State Reservation,
Fitchburg Art Museum, and Barrett House in
New Ipswich, New Hampshire; and
(E) Beaver Brook Farms and Lost City of
Monson in Hollis, New Hampshire;
(7) the study entitled ‘‘Freedom’s Way Heritage
Area Feasibility Study’’, prepared by the Freedom’s
Way Heritage Association, Inc., and the Massachu-
setts Department of Environmental Management,
demonstrates that there are sufficient nationally dis-
tinctive historical resources necessary to establish the
Freedom’s Way National Heritage Area; and
(8) the Freedom’s Way Heritage Association,
Inc., should oversee the development of the Freedom’s
Way National Heritage Area.
(b) PURPOSES.—The purposes of this title are—
(1) to foster a close working relationship between
the Secretary and all levels of government, the private
sector, and local communities in the States of Massa-
chusetts and New Hampshire;
(2) to assist the entities referred to in paragraph
(1) in preserving the special historic identity of the
Heritage Area; and
(3) to manage, preserve, protect, and interpret
the cultural, historical, and natural resources of the
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Heritage Area for the educational and inspirational
benefit of future generations.
SEC. 303. DEFINITIONS.
In this title:
(1) HERITAGE
AREA.—The term ‘‘Heritage
Area’’ means the Freedom’s Way National Heritage
Area established by section 304(a).
(2) MANAGEMENT ENTITY.—The term ‘‘manage-
ment entity’’ means the management entity for the
Heritage Area designated by section 304(d).
(3) MANAGEMENT
PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the Her-
itage Area developed under section 305.
(4) MAP.—The term ‘‘Map’’ means the map enti-
tled ‘‘Freedom’s Way National Heritage Area’’, num-
bered FRWA P–75/80,000 and dated July 2002.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 304. FREEDOM’S WAY NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is established the Free-
dom’s Way National Heritage Area in the States of Massa-
chusetts and New Hampshire.
(b) BOUNDARIES.—
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(1) IN GENERAL.—The Heritage Area shall con-
sist of the land within the boundaries of the Heritage
Area, as depicted on the Map.
(2) REVISION.—The boundaries of the Heritage
Area may be revised if the revision is—
(A) proposed in the management plan;
(B) approved by the Secretary in accord-
ance with section 305(c); and
(C) placed on file in accordance with sub-
section (c).
(c) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after
the date of enactment of this Act, the Secretary shall
publish in the Federal Register a legal description of
the Heritage Area.
(2) AVAILABILITY.—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 Freedom’s Way Her-
itage Association, Inc., shall serve as the management entity
for the Heritage Area.
SEC. 305. MANAGEMENT PLAN.
(A) IN GENERAL.—Not later than 3 years after the
date of enactment of this Act, the management entity shall
develop and submit to the Secretary for approval a manage-
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ment plan for the Heritage Area that presents comprehen-
sive recommendations and strategies for the conservation,
funding, management, and development of the Heritage
Area.
(b) REQUIREMENTS.—The management plan shall—
(1) take into consideration and coordinate Fed-
eral, State, and local plans to present a unified his-
toric preservation and interpretation plan;
(2) involve residents, public agencies, and pri-
vate organizations in the Heritage Area;
(3) describe actions that units of government and
private organizations recommend for the protection of
the resources of the Heritage Area;
(4) identify existing and potential sources of
Federal and non-Federal funding for the conservation,
management, and development of the Heritage Area;
and
(5) include—
(A) an inventory of the cultural, historic,
natural, or recreational resources contained in
the Heritage Area, including a list of property
that—
(i) is related to the themes of the Herit-
age Area; and
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(ii) should be conserved, restored, man-
aged, developed, or maintained;
(B) a recommendation of policies for re-
source management and protection that—
(i) apply appropriate land and water
management techniques;
(ii) develop intergovernmental coopera-
tive agreements to manage and protect the
cultural, historic, and natural resources and
recreation opportunities of the Heritage
Area; and
(iii) support economic revitalization
efforts;
(C) a program of strategies and actions to
implement the management plan that—
(i) identifies the roles of agencies and
organizations that are involved in the im-
plementation of the management plan and
the role of the management entity;
(ii) includes—
(I) restoration and construction
plans or goals;
(II) a program of public involve-
ment;
(III) annual work plans; and
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(IV) annual reports;
(D) an analysis of ways in which Federal,
State, and local programs may best be coordi-
nated to promote the purposes of this title;
(E) an interpretive and educational plan
for the Heritage Area;
(F) any revisions proposed by the manage-
ment entity to the boundaries of the Heritage
Area and requested by the affected local govern-
ment; and
(G) a process to provide public access to the
management entity for the purpose of attempting
to resolve informally any disputes arising from
the management plan.
(c) FAILURE TO SUBMIT.—If the management entity
fails to submit the management plan to the Secretary in
accordance with subsection (a), the Heritage Area shall no
longer qualify for Federal funding.
(d) APPROVAL
OR DISAPPROVAL
OF MANAGEMENT
PLAN.—
(1) IN GENERAL.—Not later than 90 days after
receipt of the management plan under subsection (a),
the Secretary shall approve or disapprove the man-
agement plan.
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plan from the management entity, approve or
disapprove the proposed revision.
(e) AMENDMENTS.—
(1) IN GENERAL.—In accordance with subsection
(b), the Secretary shall approve or disapprove each
amendment to the management plan that the Sec-
retary determines may make a substantial change to
the management plan.
(2) USE
OF
FUNDS.—Funds made available
under this title shall not be expended by the manage-
ment entity to implement an amendment described in
paragraph (1) until the Secretary approves the
amendment.
SEC. 306. AUTHORITIES AND DUTIES OF THE MANAGEMENT
ENTITY.
(a) AUTHORITIES.—The Management Entity may, for
purposes of preparing and implementing the management
plan, use funds made available under this title to—
(1) make grants to, and enter into cooperative
agreements with, the States of Massachusetts and New
Hampshire (including a political subdivision thereof),
a nonprofit organizations, or any person;
(2) hire and compensate staff;
(3) obtain funds from any source (including a
program that has a cost-sharing requirement); and
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(4) contract for goods and services.
(b) DUTIES OF THE MANAGEMENT ENTITY.—In addi-
tion to developing the management plan, the management
entity shall—
(1) give priority to the implementation of ac-
tions, goals, and strategies set forth in the manage-
ment plan, including assisting units of government
and other persons in—
(A) carrying out the programs that recog-
nize and protect important resource values in the
Heritage Area;
(B) encouraging economic viability in the
Heritage Area in accordance with the goals of
the management plan;
(C) establishing and maintaining interpre-
tive exhibits in the Heritage Area;
(D) developing recreational and educational
opportunities in the Heritage Area;
(E) increasing public awareness of and ap-
preciation for the cultural, historical, and nat-
ural resources of the Heritage Area;
(F) restoring historic buildings that are lo-
cated in the Heritage Area and relate to the
themes of the Heritage Area; and
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(G) installing throughout the Heritage Area
clear, consistent, and appropriate signs identi-
fying public access points and sites of interest;
(2) prepare and implement the management
plan while considering the interests of diverse units of
government, businesses, private property owners, and
nonprofit groups within the Heritage Area;
(3) conduct public meetings at least quarterly re-
garding the development and implementation of the
management plan;
(4) for any fiscal year for which Federal funds
are received under this title—
(A) submit to the Secretary a report that
describes, for the year—
(i) the accomplishments of the manage-
ment entity;
(ii) the expenses and income of the
management entity; and
(iii) each entity to which a grant was
made;
(B) make available for audit by Congress,
the Secretary, and appropriate units of govern-
ments, all records pertaining to the expenditure
of the funds and any matching funds; and
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(C) require, for all agreements authorizing
expenditure of Federal funds by any entity, that
the receiving entity make available for audit all
records pertaining to the expenditure of the
funds.
(c) PROHIBITION
ON
THE ACQUISITION
OF REAL
PROPERTY.—
(1) FEDERAL FUNDS.—The management entity
shall not use Federal funds made available under this
title to acquire real property or any interest in real
property.
(2) OTHER FUNDS.—Notwithstanding paragraph
(1), the management entity may acquire real prop-
erty or an interest in real property using non-Federal
funds.
SEC. 307. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER
FEDERAL AGENCIES.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—On the request of the manage-
ment entity, the Secretary may provide technical and
financial assistance for the development and imple-
mentation of the management plan.
(2) PRIORITY
FOR
ASSISTANCE.—In providing
assistance under paragraph (1), the Secretary shall
give priority to actions that assist in—
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(A) conserving the significant cultural, his-
toric, and natural resources of the Heritage
Area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the
purposes of the Heritage Area.
(3) SPENDING
ON
NON-FEDERAL
PROPERTY.—
The management entity may expend Federal funds
made available under this title on nonfederally owned
property that is—
(A) identified in the management plan; or
(B) listed or eligible for listing on the Na-
tional Register of Historic Places.
(4) OTHER
ASSISTANCE.—The Secretary may
enter into cooperative agreements with public and
private organizations to carry out this subsection.
(b) OTHER FEDERAL AGENCIES.—Any Federal entity
conducting or supporting an activity that directly affects
the Heritage Area shall—
(1) consider the potential effect of the activity on
the purposes of the Heritage Area and the manage-
ment plan;
(2) consult with the management entity regard-
ing the activity; and
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(3) to the maximum extent practicable, conduct
or support the activity to avoid adverse effects on the
Heritage Area.
SEC. 308. LAND USE REGULATION; APPLICABILITY OF FED-
ERAL LAW.
(a) LAND USE REGULATION.—
(1) IN GENERAL.—The management entity shall
provide assistance and encouragement to State and
local governments, private organizations, and persons
to protect and promote the resources and values of the
Heritage Area.
(2) EFFECT.—Nothing in this title—
(A) Affects the authority of the State or
local governments to regulate under law any use
of land; or
(B) grants any power of zoning or land use
to the management entity.
(b) PRIVATE PROPERTY.—
(1) IN GENERAL.—The management entity shall
be an advocate for land management practices con-
sistent with the purposes of the Heritage Area.
(2) EFFECT.—Nothing in this title—
(A) abridges the rights of any person with
regard to private property;
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(B) affects the authority of the State or
local government regarding private property; or
(C) imposes any additional burden on any
property owner.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this title $10,000,000, of which not
more than $1,000,000 may be authorized to be appropriated
for any fiscal year.
(b) COST-SHARING
REQUIREMENT.—The Federal
share of the total cost of any activity assisted under this
title shall be not more than 50 percent.
SEC. 310. 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 Act.
TITLE IV—GREAT BASIN
NATIONAL HERITAGE AREA
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Great Basin National
Heritage Area Act of 2002.’’
SEC. 402. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
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(1) the natural, cultural, and historic heritage of
the North American Great Basin is nationally sig-
nificant;
(2) communities in the Great Basin Heritage
Area (including the towns of Delta, Utah, Ely, Ne-
vada, and the surrounding communities) are located
in a classic western landscape that contains long nat-
ural visits, isolated higher desert valleys, mountain
ranges, ranches, mines, historic railroads, archae-
ological sites, and tribal communities;
(3) the Native American, pioneer, ranching,
mining, timber, and railroad heritages in the Great
Basin Heritage Area include the social history and
living cultural traditions of a rich diversity of na-
tionalities;
(4) the pioneer, Mormon and other religious set-
tlements, ranching, timber, and mining activities of
the region played and continue to play a significant
role in the development of the United States, shaped
by—
(A) the unique geography of the Great
Basin;
(B) an influx of people of Greek, Chinese,
Basque, Serb, Croat, Italian, and Hispanic de-
scent; and
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(C) a Native American presence (Western
Shoshone, Northern and Southern Paiute, and
Goshute) that continues in the Great Basin
today;
(5) the Great Basin housed internment camps
for Japanese-American citizens during World War II,
one of which, Topaz, was located within the Heritage
Area;
(6) the pioneer heritage of the Heritage Area in-
cludes the Pony Express route and stations, the Over-
land Stage, and many examples of 19th century ex-
ploration of the western United States;
(7) the Native American heritage of the Heritage
Area dates back thousands of years and includes—
(A) archaeological sites;
(B) petroglyphs and pictographs;
(C) the westernmost village of the Fremont
culture; and
(D) communities of Western Shoshone, Pai-
ute, and Goshute tribes;
(8) the Heritage Area contains multiple bio-
logically diverse ecological communities that are home
to exceptional species such as—
(A) bristlecone pines, the oldest living trees
in the world;
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(B) wildlife adapted to harsh desert condi-
tions;
(C) unique plant communities, lakes, and
streams; and
(D) native Bonneville cutthroat trout;
(9) the air and water quality of the Heritage
Area is among the best in the United States, and the
clear air permits outstanding viewing of the night
skies;
(10) the Heritage Area includes unique and out-
standing geologic features such as numerous limestone
caves, classic basin and range topography with playa
lakes, alluvial fans, volcanics, cold and hot springs,
and recognizable features of ancient Lake Bonneville;
(11) the Heritage Area includes an unusual va-
riety of open space and recreational and educational
opportunities because of the great quantity of ranch-
ing activity and public land (including city, county,
and State parks, national forests, Bureau of Land
Management land, and a national park);
(12) there are significant archaeological, histor-
ical, cultural, natural, scenic, and recreational re-
sources in the Great Basin to merit the involvement
of the Federal Government in the development, in co-
operation with the Great Basin Heritage Area Part-
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nership and other local and governmental entities, of
programs and projects to—
(A) adequately conserve, protect, and inter-
pret the heritage of the Great Basin for present
and future generations; and
(B) provide opportunities in the Great
Basin for education; and
(13) the Great Basin Heritage Area Partnership
shall serve as the management entity for a Heritage
Area established in the Great Basin.
(b) PURPOSES.—The purposes of this title are—
(1) to foster a close working relationship with all
levels of government, the private sector, and the local
communities within White Pine County, Nevada, Mil-
lard County, Utah, and the Duckwater Shoshone Res-
ervation;
(2) to enable communities referred to in para-
graph (1) to conserve their heritage while continuing
to develop economic opportunities; and
(3) to conserve, interpret, and develop the ar-
chaeological, historical, cultural, natural, scenic, and
recreational resources related to the unique ranching,
industrial, and cultural heritage of the Great Basin,
in a manner that promotes multiple uses permitted as
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be specified in detail in the management plan developed
in section 406.
(c) MANAGEMENT ENTITY.—
(1) IN
GENERAL.—The Great Basin Heritage
Area Partnership shall serve as the management enti-
ty for the Heritage Area.
(2) BOARD OF DIRECTORS.—The Great Basin
Heritage Area Partnership shall be governed by a
board of directors that consists of—
(A) 4 members who are appointed by the
Board of County Commissioners for Millard
County, Utah;
(B) 4 members who are appointed by the
Board of County Commissioners for White Pine
County, Nevada; and
(C) a representative appointed by each Na-
tive American Tribe participating in the Herit-
age Area.
SEC. 405. MEMORANDUM OF UNDERSTANDING.
(a) IN GENERAL.—In carrying out this title, the Sec-
retary, in consultation with the Governors of the States of
Nevada and Utah, and each tribe participating in the Her-
itage Area, shall enter into a memorandum of under-
standing with the management entity.
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(b) INCLUSIONS.—The memorandum of understanding
shall include information relating to the objectives and
management of the Heritage Area, including—
(1) a description of the resources within the Her-
itage Area;
(2) a discussion of the goals and objectives of the
Heritage Area, including—
(A) an explanation of the proposed ap-
proach to conservation, development, and inter-
pretation; and
(B) a general outline of the anticipated pro-
tection and development measures;
(3) a description of the management entity;
(4) a list and statement of the financial commit-
ment of the initial partners to be involved in devel-
oping and implementing the management plan; and
(5) a description of the role of the States of Ne-
vada and Utah in the management of the Heritage
Area.
(c) ADDITIONAL REQUIREMENTS.—In developing the
terms of the memorandum of understanding, the Secretary
and the management entity shall—
(1) provide opportunities for local participation;
and
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(2) include terms that ensure, to the maximum
extent practicable, timely implementation of all as-
pects of the memorandum of understanding.
(d) AMENDMENTS.—
(1) IN
GENERAL.—The Secretary shall review
any amendments of the memorandum of under-
standing proposed by the management entity or the
Governor of the State of Nevada or Utah.
(2) USE
OF
FUNDS.—Funds made available
under this title shall not be expended to implement a
change made by a proposed amendment described in
paragraph (1) until the Secretary approves the
amendment.
SEC. 406. MANAGEMENT PLAN.
(a) IN GENERAL.—Not later than 3 years after the
date of enactment of this title, the management entity shall
develop and submit to the Secretary for approval a manage-
ment plan for the Heritage Area that presents clear and
comprehensive recommendations for the conservation, fund-
ing, management, and development of the Heritage Area.
(b) CONSIDERATIONS.—In developing the management
plan, the management entity shall—
(1) provide for the participation of local resi-
dents, public agencies, and private organizations lo-
cated within the counties of Millard County, Utah,
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White Pine County, Nevada, and the Duckwater Sho-
shone Reservation in the protection and development
of resources of the Heritage Area, taking into consid-
eration State, tribal, county, and local land use plans
in existence on the date of enactment of this title;
(2) identify sources of funding; and
(3) include—
(A) an inventory of the archaeological, his-
torical, cultural, natural, scenic, and rec-
reational resources contained in the Heritage
Area, including a list of public and tribal prop-
erty that—
(i) is related to the themes of the Herit-
age Area; and
(ii) should be preserved, restored, man-
aged, developed, or maintained because of
the archaeological, historical, cultural, nat-
ural, scenic, and recreational significance of
the property;
(B) a program for implementation of the
management plan by the management entity,
including—
(i) plans for restoration, stabilization,
rehabilitation, and construction of public or
tribal property; and
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(ii) specific commitments by the iden-
tified partners referred to in section
405(b)(4) for the first 5 years of operation;
and
(C) an interpretation plan for the Heritage
Area; and
(4) develop a management plan that will not in-
fringe on private property rights without the consent
of the owner of the private property.
(c) FAILURE TO SUBMIT.—If the management entity
fails to submit a management plan to the Secretary in ac-
cordance with subsection (a), the Heritage Area shall no
longer qualify for Federal funding.
(d) APPROVAL AND DISAPPROVAL OF MANAGEMENT
PLAN.—
(1) IN GENERAL.—Not later than 90 days after
receipt of a management plan under subsection (a),
the Secretary, in consultation with the Governors of
the States of Nevada and Utah, shall approve or dis-
approve the management plan.
(2) CRITERIA.—In determining whether to ap-
prove a management plan, the Secretary shall con-
sider whether the management plan—
(A) has strong local support from a diver-
sity of landowners, business interests, nonprofit
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organizations, and governments within the Her-
itage Area;
(B) is consistent with an complements con-
tinued economic activity in the Heritage Area;
(C) has a high potential for effective part-
nership mechanisms;
(D) infringes on private property rights;
and
(E) provides methods to take appropriate
action to ensure that private property rights are
observed.
(3) ACTION
FOLLOWING
DISAPPROVAL.—If the
Secretary disapproves a management plan under sub-
section (d)(1), the Secretary shall—
(A) advise the management entity in writ-
ing of the reasons for the disapproval;
(B) make recommendations for revisions to
the management plan; and
(C) not later than 90 days after the receipt
of any proposed revision of the management
plan from the management entity, approve or
disapprove the proposed revision.
(e) IMPLEMENTATION.—On approval of the manage-
ment plan as provided in section 406(d)(1), the manage-
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ment entity, in conjunction with the Secretary, shall take
appropriate steps to implement the management plan.
(f) AMENDMENTS.—
(1) IN
GENERAL.—The Secretary shall review
each amendment to the management plan that the
Secretary determines may make a substantial change
to the management plan.
(2) USE
OF
FUNDS.—Funds made available
under this title shall not be expended to implement an
amendment described in paragraph (1) until the Sec-
retary approves the amendment.
SEC. 407. AUTHORITY AND DUTIES OF MANAGEMENT ENTI-
TY.
(a) AUTHORITIES.—The management entity may, for
purposes of preparing and implementing the management
plan, use funds made available under this title to—
(1) make grants to, and enter into cooperative
agreements with, a State (including a political sub-
division), a tribe, a private organization, or any per-
son; and
(2) hire and compensate staff.
(b) DUTIES.—In addition to developing the manage-
ment plan, the management entity shall—
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(1) give priority to implementing the memo-
randum of understanding and the management plan,
including taking steps to—
(A) assist units of government, regional
planning organizations, and nonprofit organiza-
tions in—
(i) establishing and maintaining inter-
pretive exhibits in the Heritage Area;
(ii) developing recreational resources
in the Heritage Area;
(iii) increasing public awareness of
and appreciation for the archaeological, his-
torical, cultural, natural, scenic, and rec-
reational resources and sites in the Heritage
Area; and
(iv) if requested by the owner, restor-
ing, stabilizing, or rehabilitating any pri-
vate, public, or tribal historical building re-
lating to the themes of the Heritage Area;
(B) encourage economic viability and diver-
sity in the Heritage Area in accordance with the
objectives of the management plan; and
(C) encourage the installation of clear, con-
sistent, and environmentally appropriate signage
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identifying access points and sites of interest
throughout the Heritage Area;
(2) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage
Area;
(3) conduct public meetings within the Heritage
Area at least semiannually regarding the implemen-
tation of the management plan;
(4) submit substantial amendments (including
any increase of more than 20 percent in the cost esti-
mates for implementation) to the management plan to
the Secretary for approval by the Secretary; and
(5) for any year for which Federal funds are re-
ceived under this title—
(A) submit to the Secretary a report that
describes, for the year—
(i) the accomplishments of the manage-
ment entity;
(ii) the expenses and income of the
management entity; and
(iii) each entity to which any loan or
grant was made;
(B) make available for audit all records
pertaining to the expenditure of the funds and
any matching funds; and
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(C) require, for all agreements authorizing
the expenditure of federal funds by any entity,
that the receiving entity make available for audit
all records pertaining to the expenditure of the
funds.
(c) PROHIBITION
ON
THE ACQUISITION
OF REAL
PROPERTY.—The management entity shall not use Federal
funds made available under this title to acquire real prop-
erty or any interest in real property.
(d) PROHIBITION
ON
THE REGULATION
OF LAND
USE.—The management entity shall not regulate land use
within the Heritage Area.
SEC. 408. DUTIES AND AUTHORITIES OF FEDERAL AGEN-
CIES.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—The Secretary may, on re-
quest of the management entity, provide technical and
financial assistance to develop and implement the
management plan and memorandum of under-
standing.
(2) PRIORITY
FOR
ASSISTANCE.—In providing
assistance under paragraph (1), the Secretary shall,
on request of the management entity, give priority to
actions that assist in—
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(A) conserving the significant archae-
ological, historical, cultural, natural, scenic, and
recreational resources of the Heritage Area; and
(B) providing education, interpretive, and
recreational opportunities, consistent with those
resources.
(b) APPLICATION OF FEDERAL LAW.—The establish-
ment of the Heritage Area shall have no effect on the appli-
cation of any Federal law to any property within the Herit-
age Area.
SEC. 409. LAND USE REGULATION; APPLICABILITY OF FED-
ERAL LAW.
(a) LAND USE REGULATION.—Nothing in this title—
(1) modifies, enlarges, or diminishes any author-
ity of the Federal, State, tribal, or local government
to regulate by law (including by regulation) any use
of land; or
(2) grants any power of zoning or land use to
the management entity.
(b) APPLICABILITY OF FEDERAL LAW.—Nothing in
this title—
(1) imposes on the Heritage Area, as a result of
the designation of the Heritage Area, any regulation
that is not applicable to the area within the Heritage
area as of the date of enactment of this title; or
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(2) authorizes any agency to promulgate a regu-
lation that applies to the Heritage Area solely as a
result of the designation under this title.
SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title $10,000,000, of which not
more than $1,000,000 may be authorized to be appropriated
for any fiscal year.
(b) COST-SHARING
REQUIREMENT.—The Federal
share of the total cost of any activity assisted under this
title shall be not more than 50 percent.
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.
TITLE 
V—NORTHERN 
RIO
GRANDE 
NATIONAL 
HERIT-
AGE AREA
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Northern Rio Grande
National Heritage Area Act’’.
SEC. 502. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) northern New Mexico encompasses a mosaic
of cultures and history, including eight Pueblos and
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the descendants of Spanish ancestors who settled in
the area in 1598;
(2) the combination of cultures, languages, folk
arts, customs, and architecture make northern New
Mexico unique;
(3) the area includes spectacular natural, scenic,
and recreational resources;
(4) there is broad support from local govern-
ments and interested individuals to establish a Na-
tional Heritage Area to coordinate and assist in the
preservation and interpretation of these resources;
(5) in 1991, the National Park Service study Al-
ternative Concepts for Commemorating Spanish Col-
onization identified several alternatives consistent
with the establishment of a National Heritage Area,
including conducting a comprehensive archaeological
and historical research program, coordinating a com-
prehensive interpretation program, and interpreting
a cultural heritage scene; and
(6) establishment of a National Heritage Area in
northern New Mexico would assist local communities
and residents in preserving these unique cultural, his-
torical and natural resources.
SEC. 503. DEFINITIONS.
As used in this title—
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(1) the term ‘‘heritage area’’ means the Northern
Rio Grande Heritage Area; and
(2) the term ‘‘Secretary’’ means the Secretary of
the Interior.
SEC. 504. NORTHERN RIO GRANDE NATIONAL HERITAGE
AREA.
(a) ESTABLISHMENT.—There is hereby established the
Northern Rio Grande National Heritage Area in the State
of New Mexico.
(b) BOUNDARIES.—The heritage area shall include the
counties of Santa Fe, Rio Arriba, and Taos.
(c) MANAGEMENT ENTITY.—
(1) The Northern Rio Grande National Heritage
Area, Inc., a non-profit corporation chartered in the
State of New Mexico, shall serve as the management
entity for the heritage area.
(2) The Board of Directors for the management
entity shall include representatives of the State of
New Mexico, the counties of Santa Fe, Rio Arriba
and Taos, tribes and pueblos within the heritage area,
the cities of Santa Fe, Espanola and Taos, and mem-
bers of the general public. The total number of Board
members and the number of Directors representing
State, local and tribal governments and interested
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fulfill the purposes of this title, consistent with
the management plan.
(d) PROHIBITION ON ACQUIRING REAL PROPERTY.—
The management entity may not use Federal funds received
under this title to acquire real property or an interest in
real property.
(e) PUBLIC MEETINGS.—The management entity shall
hold public meetings at least annually regarding the imple-
mentation of the management plan.
(f) ANNUAL REPORTS AND AUDITS.—
(1) For any year in which the management enti-
ty receives Federal funds under this title, the manage-
ment entity shall submit an annual report to the Sec-
retary setting forth accomplishments, expenses and
income, and each entity to which any grant was
made by the management entity.
(2) The management entity shall make available
to the Secretary for audit all records relating to the
expenditure of Federal funds and any matching
funds. The management entity shall also require, for
all agreements authorizing expenditure of Federal
funds by other organizations, that the receiving orga-
nization make available to the Secretary for audit all
records concerning the expenditure of those funds.
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SEC. 506. DUTIES OF THE SECRETARY.
(a) TECHNICAL
AND FINANCIAL ASSISTANCE.—The
Secretary may, upon request of the management entity,
provide technical and financial assistance 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, archaeological, scenic, and rec-
reational resources of the heritage area; and
(2) the provision of educational, interpretive,
and recreational opportunities consistent with the re-
sources and associated values of the heritage area.
SEC. 507. SAVINGS PROVISIONS.
(a) NO EFFECT ON PRIVATE PROPERTY.—Nothing in
this title shall be construed—
(1) to modify, enlarge, or diminish any author-
ity of Federal, State, or local governments to regulate
any use of privately owned lands; or
(2) to grant the management entity any author-
ity to regulate the use of privately owned lands.
(b) TRIBAL LANDS.—Nothing in this title shall restrict
or limit a tribe from protecting cultural or religious sites
on tribal lands.
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(c) AUTHORITY OF GOVERNMENTS.—Nothing in this
title shall—
(1) modify, enlarge, or diminish any authority
of Federal, State, tribal, or local governments to man-
age or regulate any use of land as provided for by law
or regulation; or
(2) authorize the management entity to assume
any management authorities over such lands.
(d) TRUST RESPONSIBILITIES.—Nothing in this title
shall diminish the Federal Government’s trust responsibil-
ities or government-to-government obligations to any feder-
ally recognized Indian tribe.
SEC. 508. SUNSET.
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.
SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this title $10,000,000, of which not
more than $1,000,000 may be authorized to be appropriated
for any fiscal year.
(b) COST-SHARING
REQUIREMENT.—The Federal
share of the total cost of any activity assisted under this
title shall be not more than 50 percent.
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TITLE VI—NATIONAL MORMON
PIONEER HERITAGE AREA
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘National Mormon Pio-
neer Heritage Area Act’’.
SEC. 602. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) the historical, cultural, and natural heritage
legacies of Mormon colonization and settlement are
nationally significant;
(2) in the area starting along the Highway 89
corridor at the Arizona border, passing through Kane,
Garfield, Piute, Sevier, Wayne, and Sanpete Counties
in the State of Utah, and terminating in Fairview,
Utah, there are a variety of heritage resources that
demonstrate—
(A) the colonization of the western United
States; and
(B) the expansion of the United States as a
major world power;
(3) the great relocation to the western United
States was facilitated by—
(A) the 1,400 mile trek from Illinois to the
Great Salt Lake by the Mormon pioneers; and
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(B) the subsequent colonization effort in Ne-
vada, Utah, the southeast corner of Idaho, the
southwest corner of Wyoming, large areas of
southeastern Oregon, much of southern Cali-
fornia, and areas along the eastern border of
California;
(4) the 250-mile Highway 89 corridor from
Kanab to Fairview, Utah, contains some of the best
features of the Mormon colonization experience in the
United States;
(5) the landscape, architecture, traditions, be-
liefs, folk life, products, and events along Highway 89
convey the heritage of the pioneer settlement;
(6) the Boulder Loop, Capitol Reef National
Park, Zion National Park, Bryce Canyon National
Park, and the Highway 89 area convey the compel-
ling story of how early settlers—
(A) interacted with Native Americans; and
(B) established towns and cities in a harsh,
yet spectacular, natural environment;
(7) the colonization and settlement of the Mor-
mon settlers opened up vast amounts of natural re-
sources, including coal, uranium, silver, gold, and
copper;
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(8) the Mormon colonization played a significant
role in the history and progress of the development
and settlement of the western United States; and
(9) the artisans, crafters, innkeepers, outfitters,
historic landscape, customs, national parks, and ar-
chitecture in the Heritage Area make the Heritage
Area unique.
(b) PURPOSE.—The purpose of this title is to establish
the Heritage Area to—
(1) foster a close working relationship with all
levels of government, the private sector, residents,
business interests, and local communities in the State;
(2) empower communities in the State to con-
serve, preserve, and enhance the heritage of the com-
munities while strengthening future economic oppor-
tunities;
(3) conserve, interpret, and develop the histor-
ical, cultural, natural, and recreational resources
within the Heritage Area; and
(4) expand, foster, and develop heritage busi-
nesses and products relating to the cultural heritage
of the Heritage Area.
SEC. 603. DEFINITIONS.
In this title:
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(1) ALLIANCE.—The term ‘‘Alliance’’ means the
Utah Heritage Highway 89 Alliance.
(2) BOARD.—The term ‘‘Board’’ means the
Board of Directors of the Alliance.
(3) HERITAGE
AREA.—The term ‘‘Heritage
Area’’ means the National Mormon Pioneer Heritage
Area established by section 604(a).
(4) MANAGEMENT
PLAN.—The term ‘‘manage-
ment plan’’ means the plan developed by the Board
under section 606(a).
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(6) STATE.— The term ‘‘State’’ means the State
of Utah.
SEC. 604. NATIONAL MORMON PIONEER HERITAGE AREA.
(a) ESTABLISHMENT.—There is established the Na-
tional Mormon Pioneer Heritage Area.
(b) BOUNDARIES.—
(1) IN GENERAL.—The boundaries of the Herit-
age Area shall include areas in the State that are—
(A) related to the corridors—
(i) from the Arizona border northward
through Kanab, Utah, and to the intersec-
tion of Highway 89 and Highway 12, in-
cluding Highway 12 and Highway 24 as
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those highways loop off Highway 89 and re-
join Highway 89 at Sigurd;
(ii) from Highway 89 at the intersec-
tion of Highway 12 through Panguitch,
Junction, Marysvale, and Sevier County to
Sigurd;
(iii) 
continuing 
northward 
along
Highway 89 through Axtell and Sterling,
Sanpete County, to Fairview, Sanpete
County, at the junction with Utah Highway
31; and
(iv) continuing northward along High-
way 89 through Fairview and Thistle Junc-
tion, to the junction with Highway 6; and
(B) located in the following communities;
Kanab, Mt. Carmel, Orderville, Glendale, Alton,
Cannonville, 
Tropic, 
Henrieville, 
Escalante,
Boulder, Teasdale, Fruita, Hanksville, Torrey,
Bicknell, Loa, Hatch, Panquitch, Circleville, An-
timony, Junction, Marysvale, Koosharem, Sevier,
Joseph, Monroe, Elsinore, Richfield, Glenwood,
Sigurd, Aurora, Salina, Mayfield, Sterling,
Gunnison, Fayette, Manti, Ephraim, Spring
City, Mt. Pleasant, Moroni, Fountain Green,
and Fairview.
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(2) MAP.—The Secretary shall prepare a map of
the Heritage Area, which shall be on file and avail-
able for public inspection in the office of the Director
of the National Park Service.
(3) NOTICE TO LOCAL GOVERNMENTS.—The Alli-
ance shall provide to the government of each city,
town, and county that has jurisdiction over property
proposed to be included in the Heritage Area written
notice of the proposed inclusion.
(c) ADMINISTRATION.—The Heritage Area shall be ad-
ministered in accordance with this title.
SEC. 605. DESIGNATION OF ALLIANCE AS MANAGEMENT EN-
TITY.
(a) IN GENERAL.—The Alliance shall be the manage-
ment entity for the Heritage Area.
(b) FEDERAL FUNDING.—
(1) AUTHORIZATION TO RECEIVE FUNDS.—The
Alliance may receive amounts made available to
carry out this title.
(2) DISQUALIFICATION.—If a management plan
is not submitted to the Secretary as required under
section 606 within the time period specified in that
section, the Alliance may not receive Federal funding
under this title until a management plan is sub-
mitted to the Secretary.
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(c) USE OF FEDERAL FUNDS.—The Alliance may, for
the purposes of developing and implementing the manage-
ment plan, use Federal funds made available under this
title—
(1) to make grants and loans to the State, polit-
ical subdivision of the State, nonprofit organizations,
and other persons;
(2) to enter into cooperative agreements with or
provide technical assistance to the State, political
subdivisions of the State, nonprofit organizations,
and other organizations;
(3) to hire and compensate staff;
(4) to obtain funds from any source under any
program or law requiring the recipient of funds to
make a contribution in order to receive the funds; and
(5) to contract for goods and services.
(d) PROHIBITION OF ACQUISITION OF REAL PROP-
ERTY.—The Alliance may not use Federal funds received
under this title to acquire real property or any interest in
real property.
SEC. 606. MANAGEMENT OF THE HERITAGE AREA.
(a) HERITAGE AREA MANAGEMENT PLAN.—
(1) DEVELOPMENT
AND
SUBMISSION
FOR
RE-
VIEW.—Not later than 3 years after the date of enact-
ment of this title, the Board, with public participa-
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tion, shall develop and submit for review to the Sec-
retary a management plan for the Heritage Area.
(2) CONTENTS.—The management plan shall—
(A) present comprehensive recommendation
for the conservation, funding, management, and
development of the Heritage Area;
(B) take into consideration Federal, State,
county, and local plans in effect on the date of
enactment of this title;
(C) involve residents, public agencies, and
private organizations in the Heritage Area;
(D) include a description of actions that
units of government and private organizations
are recommended to take to protect the resources
of the Heritage Area;
(E) specify existing and potential sources of
Federal and non-Federal funding for the con-
servation, management, and development of the
Heritage Area; and
(F) include—
(i) an inventory of resources in the
Heritage Area that—
(I) includes a list of property in
the Heritage Area that should be con-
served, restored, managed, developed, or
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maintained because of the historical,
cultural, or natural significance of the
property as the property relates to the
themes of the Heritage Area; and
(II) does not include any property
that is privately owned unless the
owner of the property consents in writ-
ing to the inclusion;
(ii) a recommendation of policies for
resource management that consider the ap-
plication of appropriate land and water
management techniques, including policies
for the development of intergovernmental co-
operative agreements to manage the histor-
ical, cultural, and natural resources and
recreational opportunities of the Heritage
Area in a manner that is consistent with
the support of appropriate and compatible
economic viability;
(iii) a program for implementation of
the management plan, including plans for
restoration and construction;
(iv) a description of any commitments
that have been made by persons interested
in management of the Heritage Area;
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(v) an analysis of means by which
Federal, State, and local programs may best
be coordinated to promote the purposes of
this title; and
(vi) an interpretive plan for the Herit-
age Area.
(3) APPROVAL OR DISAPPROVAL OF THE MAN-
AGEMENT PLAN.—
(A) IN GENERAL.—Not later than 180 days
after submission of the management plan by the
Board, the Secretary shall approve or disapprove
the management plan.
(B) DISAPPROVAL AND REVISIONS.—
(i) IN GENERAL.—If the Secretary dis-
approves the management plan, the Sec-
retary shall—
(I) advise the Board, in writing,
of the reasons for the disapproval; and
(II) make recommendations for
revision of the management plans.
(ii) APPROVAL OR DISAPPROVAL.—The
Secretary shall approve or disapprove pro-
posed revisions to the management plan not
later than 60 days after receipt of the revi-
sions from the Board.
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(b) PRIORITIES.—The Alliance shall give priority to
the implementation of actions, goals, and policies set forth
in the management plan, including—
(1) assisting units of government, regional plan-
ning organizations, and nonprofit organizations in—
(A) conserving the historical, cultural, and
natural resources of the Heritage Area;
(B) establishing and maintaining interpre-
tive exhibits in the Heritage Area;
(C) developing recreational opportunities in
the Heritage Area;
(D) increasing public awareness of and ap-
preciation for the historical, cultural, and nat-
ural resources of the Heritage Area;
(E) restoring historic buildings that are—
(i) located within the boundaries of the
Heritage Area; and
(ii) related to the theme of the Heritage
Area; and
(F) ensuring that clear, consistent, and en-
vironmentally appropriate signs identifying ac-
cess points and sites of interest are put in place
throughout the Heritage Area; and
(2) consistent with the goals of the management
plan, encouraging economic viability in the affected
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communities by appropriate means, including en-
couraging and soliciting the development of heritage
products.
(c) 
CONSIDERATION
OF
INTERESTS
OF
LOCAL
GROUPS.—In developing and implementing the manage-
ment plan, the Board shall consider the interests of diverse
units of government, businesses, private property owners,
and nonprofit organizations in the Heritage Area.
(d) PUBLIC MEETINGS.—The Board shall conduct
public meetings at least annually regarding the implemen-
tation of the management plan.
(e) ANNUAL REPORTS.—For any fiscal year in which
the Alliance receives Federal funds under this title or in
which a loan made by the Alliance with Federal funds
under section 605(c)(1) is outstanding, the Alliance shall
submit to the Secretary an annual report that describes—
(1) the accomplishments of the Alliance;
(2) the expenses and income of the Alliance; and
(3) the entities to which the Alliance made any
loans or grants during the year for which the report
is made.
(f) COOPERATION WITH AUDITS.—For any fiscal year
in which the Alliance receives Federal funds under this title
or in which a loan made by the Alliance with Federal funds
under section 605(c)(1) is outstanding, the Alliance shall—
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(1) make available for audit by Congress, the
Secretary, and appropriate units of government all
records and other information relating to the expendi-
ture of the Federal funds and any matching funds;
and
(2) require, with respect to all agreements au-
thorizing expenditure of the Federal funds by other
organizations, that the receiving organizations make
available for audit all records and other information
relating to the expenditure of the Federal funds.
(g) DELEGATION.—
(1) IN GENERAL.—The Alliance may delete the
responsibilities and actions under this section for each
area identified in section 604(b)(1).
(2) REVIEW.—All delegated responsibilities and
actions are subject to review and approval by the Al-
liance.
SEC. 607. DUTIES AND AUTHORITIES OF FEDERAL AGEN-
CIES.
(a) TECHNICAL ASSISTANCE AND GRANTS.—
(1) IN GENERAL.—The Secretary may provide
technical assistance and, subject to the availability of
appropriations, grants to—
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(A) units of government, nonprofit organi-
zations, and other persons, at the request of the
Alliance; and
(B) the Alliance, for use in developing and
implementing the management plan.
(2) PROHIBITION OF CERTAIN REQUIREMENTS.—
The Secretary may not, as a condition of the award
of technical assistance or grants under this section,
require any recipient of the technical assistance or a
grant to enact or modify any land use restriction.
(3) DETERMINATION REGARDING ASSISTANCE.—
The Secretary shall determine whether a unit of gov-
ernment, nonprofit organization, or other person shall
be awarded technical assistance or grants and the
amount of technical assistance—
(A) based on the extent to which the
assistance—
(i) fulfills the objectives of the manage-
ment plan; and
(ii) achieves the purposes of this title;
and
(B) after giving special consideration to
projects that provide a greater leverage of Fed-
eral funds.
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(b) PROVISION OF INFORMATION.—In cooperation with
other Federal agencies, the Secretary shall provide the pub-
lic with information concerning the location and character
of the Heritage Area.
(c) OTHER ASSISTANCE.—The Secretary may enter
into cooperative agreements with public and private organi-
zations for the purposes of implementing this section.
(d) DUTIES OF OTHER FEDERAL AGENCIES.—A Fed-
eral entity conducting any activity directly affecting the
Heritage Area shall—
(1) consider the potential effect of the activity on
the management plan; and
(2) consult with the Alliance with respect to the
activity to minimize the adverse effects of the activity
on the Heritage Area.
SEC. 608. NO EFFECT ON LAND USE AUTHORITY AND PRI-
VATE PROPERTY.
(a) NO EFFECT ON LAND USE AUTHORITY.—Nothing
in this title modifies, enlarges, or diminishes any authority
of Federal, State, or local government to regulate any use
of land under any other law (including regulations).
(b) NO ZONING OR LAND USE POWERS.—Nothing in
this title grants powers of zoning or land use control to the
Alliance.
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(c) LOCAL AUTHORITY AND PRIVATE PROPERTY NOT
AFFECTED.—Nothing in this title affects or authorizes the
Alliance to interfere with—
(1) the right of any person with respect to pri-
vate property; or
(2) any local zoning ordinance or land use plan
of the State or a political subdivision of the State.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this title $10,000,000, of which not
more than $1,000,000 may be made available for any fiscal
year.
(b) FEDERAL SHARE.—The Federal share of the cost
of any activity carried out using funds made available
under this title shall not exceed 50 percent.
SEC. 610. 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.
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TITLE 
VII—JOHN 
H. 
CHAFEE
BLACKSTONE RIVER VALLEY
NATIONAL 
HERITAGE 
COR-
RIDOR
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of Public Law 99–647 (16 U.S.C. 461 note)
is amended by striking subsection (b) and inserting the fol-
lowing:
‘‘(b) DEVELOPMENT FUNDS.—There is authorized to be
appropriated to carry out section 8(c) for the period of fis-
cal years 2003 through 2007 not more than $5,000,000, to
remain available until expended.’’.
TITLE 
VIII—CROSSROADS 
OF
THE AMERICAN REVOLUTION
NATIONAL HERITAGE AREA
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Crossroads of the Amer-
ican Revolution National Heritage Area Act of 2002’’.
SEC. 802. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the State of New Jersey was critically impor-
tant during the American Revolution because of the
strategic location of the State between the British ar-
mies headquartered in New York City, New York, and
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the Continental Congress in the city of Philadelphia,
Pennsylvania;
(2) General George Washington spent almost half
of the period of the American Revolution personally
commanding troops of the Continental Army in the
State of New Jersey, including two severe winters
spent in encampments in the area that is now Mor-
ristown National Historical Park, a unit of the Na-
tional Park System;
(3) it was during the 10 crucial days of the
American Revolution between December 25, 1776, and
January 3, 1777, that General Washington, after re-
treating across the State of New Jersey from the State
of New York to the State of Pennsylvania in the face
of total defeat, recrossed the Delaware River on the
night of December 25, 1776, and went on to win cru-
cial battles at Trenton and Princeton in the State of
New Jersey;
(4) Thomas Paine, who accompanied the troops
during the retreat, described the events during those
days as ‘‘the times that try men’s souls’’;
(5) the sites of 296 military engagements are lo-
cated in the State of New Jersey, including—
(A) several important battles of the Amer-
ican Revolution that were significant to the out-
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come of the American Revolution and the history
of the United States; and
(B) several national historic landmarks, in-
cluding Washington’s Crossing, the Old Trenton
Barracks, and Princeton, Monmouth and Red
Bank Battlefields;
(6) additional national historic landmarks in
the State of New Jersey include the homes of—
(A) Richard Stockton, Joseph Hewes, John
Witherspoon, and Francis Hopkinson, signers of
the Declaration of Independence;
(B) Elias Boudinout, President of the Con-
tinental Congress; and
(C) William Livingston, patriot and Gov-
ernor of the State of New Jersey from 1776 to
1790;
(7) portions of the landscapes important to the
strategies of the British and Continental armies, in-
cluding waterways, mountains, farms, wetlands, vil-
lages, and roadways—
(A) retain the integrity of the period of the
American Revolution; and
(B) offer outstanding opportunities for con-
servation, education, and recreation;
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(8) the National Register of Historic Places lists
251 buildings and sites in the National Park Service
study area for the Crossroads of the American Revolu-
tion that are associated with the period of the Amer-
ican Revolution;
(9) civilian populations residing in the State of
New Jersey during the American Revolution suffered
extreme hardships because of the continuous conflict
in the State and marauding contingents of loyalist
Tories and rebel sympathizers;
(10) because of the important role that the State
of New Jersey played in the successful outcome of the
American Revolution, there is a Federal interest in
developing a regional framework to assist the State of
New Jersey, local governments and organizations, and
private citizens in—
(A) preserving and protecting cultural, his-
toric, and natural resources of the period; and
(B) bringing recognition to those resources
for the educational and recreational benefit of
the present and future generations of citizens of
the United States; and
(11) the National Park Service has conducted a
national heritage area feasibility study in the State
of New Jersey that demonstrates that there is a suffi-
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cient assemblage of nationally distinctive cultural,
historic, and natural resources necessary to establish
the Crossroads of the American Revolution National
Heritage Area.
(b) PURPOSES.—The purposes of this title are—
(1) to assist communities, organizations, and
citizens in the State of New Jersey in preserving the
special historic identity of the State and the impor-
tance of the State to the United States;
(2) to foster a close working relationship among
all levels of government, the private sector, and local
communities in the State;
(3) to provide for the management, preservation,
protection, and interpretation of the cultural, historic,
and natural resources of the State for the educational
and inspirational benefit of future generations;
(4) to strengthen the value of Morristown Na-
tional Historical Park as an asset to the State by—
(A) establishing a network of related his-
toric resources, protected landscapes, educational
opportunities, and events depicting the landscape
of the State of New Jersey during the American
Revolution; and
(B) establishing partnerships between Mor-
ristown National Historical Park and other pub-
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(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(7) STATE.—The term ‘‘State’’ means the State
of New Jersey.
SEC. 804. CROSSROADS OF THE AMERICAN REVOLUTION
NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is established in the
State the Crossroads of the American Revolution National
Heritage Area.
(b) BOUNDARIES.—The Heritage Area shall consist of
the land and water within the boundaries of the Heritage
Area, as depicted on the map.
(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 Association shall be
the management entity for the Heritage Area.
SEC. 805. 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 management entity shall submit to the Sec-
retary for approval a management plan for the Heritage
Area.
(b) REQUIREMENTS.—The management plan shall—
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(1) include comprehensive policies, strategies,
and recommendations for conservation, funding, man-
agement, and development of the Heritage Area;
(2) take into consideration existing State, coun-
ty, and local plans;
(3) describe actions that units of local govern-
ment, private organizations, and individuals have
agreed to take to protect the cultural, historic, and
natural resources of the Heritage Area;
(4) identify existing and potential sources of
funding for the protection, management, and develop-
ment of the Heritage Area during the first 5 years of
implementation of the management plan; and
(5) include—
(A) an inventory of the cultural, edu-
cational, historic, natural, recreational, and sce-
nic resources of the Heritage Area relating to the
themes of the Heritage Area that should be re-
stored, managed, or developed;
(B) recommendations of policies and strate-
gies for resource management that result in—
(i) application of appropriate land
and water management techniques; and
(ii) development of intergovernmental
and interagency cooperative agreements to
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protect the cultural, educational, historic,
natural, recreational, and scenic resources
of the Heritage Area;
(C) a program of implementation of the
management plan that includes for the first 5
years of implementation—
(i) plans for resource protection, res-
toration, construction; and
(ii) specific commitments for imple-
mentation that have been made by the man-
agement entity or any government, organi-
zation, or individual;
(D) an analysis of and recommendations
for ways in which Federal, State, and local pro-
grams, including programs of the National Park
Service, may be best coordinated to promote the
purposes of this title; and
(E) an interpretive plan for the Heritage
Area.
(c) APPROVAL
OR DISAPPROVAL
OF MANAGEMENT
PLAN.—
(1) IN GENERAL.—Not later than 90 days after
the date of receipt of the management plan under sub-
section (a), the Secretary shall approve or disapprove
the management plan.
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(2) CRITERIA.—In determining whether to ap-
prove the management plan, the Secretary shall con-
sider whether—
(A) the Board of Directors of the manage-
ment entity is representative of the diverse inter-
ests of the Heritage Area, including—
(i) governments;
(ii) natural and historic resource pro-
tection organizations;
(iii) educational institutions;
(iv) businesses; and
(v) recreational organizations;
(B) the management entity provided ade-
quate opportunity for public and governmental
involvement in the preparation of the manage-
ment plan, including public hearings;
(C) the resource protection and interpreta-
tion strategies in the management plan would
adequately protect the cultural, historic, and
natural resources of the Heritage Area; and
(D) the Secretary has received adequate as-
surances from the appropriate State and local
officials whose support is needed to ensure the ef-
fective implementation of the State and local as-
pects of the management plan.
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(3) ACTION
FOLLOWING
DISAPPROVAL.—If the
Secretary disapproves the management plan under
paragraph (1), the Secretary shall—
(A) advise the management entity in writ-
ing of the reasons for the disapproval;
(B) make recommendations for revisions to
the management plan; and
(C) not later than 60 days after the receipt
of any proposed revision of the management
plan from the management entity, approve or
disapprove the proposed revision.
(d) AMENDMENTS.—
(1) IN GENERAL.—The Secretary shall approve
or disapprove each amendment to the management
plan that the Secretary determines may make a sub-
stantial change to the management plan.
(2) USE
OF
FUNDS.—Funds made available
under this title shall not be expended by the manage-
ment entity to implement an amendment described in
paragraph (1) until the Secretary approves the
amendment.
(e) IMPLEMENTATION.—On completion of the 3–year
period described in subsection (a), any funding made avail-
able under this title shall be made available to the manage-
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ment entity only for implementation of the approved man-
agement plan.
SEC. 806. AUTHORITIES, DUTIES, AND PROHIBITIONS AP-
PLICABLE TO THE MANAGEMENT ENTITY.
(a) AUTHORITIES.—For purposes of preparing and
implementing the management plan, the management enti-
ty may use funds made available under this title to—
(1) make grants to, provide technical assistance
to, and enter into cooperative agreements with, the
State (including a political subdivision thereof), a
nonprofit organization, or any other person;
(2) hire and compensate staff, including individ-
uals with expertise in—
(A) cultural, historic, or natural resource
protection; or
(B) heritage programming;
(3) obtain funds or services from any source (in-
cluding a Federal law or program);
(4) contract for goods or services; and
(5) support any other activity—
(A) that furthers the purposes of the Herit-
age Area; and
(B) that is consistent with the management
plan.
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(b) DUTIES.—In addition to developing the manage-
ment plan, the management entity shall—
(1) 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 in the Heritage Area;
(B) establishing and maintaining interpre-
tive exhibits and programs in the Heritage Area;
(C) developing recreational and educational
opportunities in the Heritage Area;
(D) increasing public awareness of and ap-
preciation for cultural, historic, and natural re-
sources of the Heritage Area;
(E) protecting and restoring historic sites
and buildings that are located in the Heritage
Area and related to the themes of the Heritage
Area;
(F) ensuring that clear, consistent, and ap-
propriate signs identifying points of public ac-
cess and sites of interest are installed throughout
the Heritage Area; and
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(G) promoting a wide range of partnerships
among governments, organizations, and individ-
uals to further the purposes of the Heritage Area;
(2) in preparing and implementing the manage-
ment plan, consider the interests of diverse units of
government, businesses, organizations, and individ-
uals in the Heritage Area;
(3) conduct public meetings at least semiannu-
ally regarding the development and implementation
of the management plan;
(4) for any fiscal year for which Federal funds
are received under this title—
(A) submit to the Secretary a report that
describes for the year—
(i) the accomplishments of the manage-
ment entity;
(ii) the expenses and income of the
management entity; and
(iii) each entity to which a grant was
made;
(B) make available for audit all informa-
tion relating to the expenditure of the funds and
any matching funds; and
(C) require, for all agreements authorizing
expenditures of Federal funds by any entity, that
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the receiving entity make available for audit all
records and other information relating to the ex-
penditure of the funds; and
(5) encourage, by appropriate means, economic
viability that is consistent with the purposes of the
Heritage Area; and
(6) maintain headquarters for the management
entity in Mercer County.
(c) Prohibition on the Acquisition of Real Property.
(1) FEDERAL FUNDS.—The management entity
shall not use Federal funds made available under this
title to acquire real property or any interest in real
property.
(2) OTHER FUNDS.—Notwithstanding paragraph
(1), the management entity may acquire real prop-
erty or an interest in real property using any other
source of funding, including other Federal funding.
SEC. 807. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER
FEDERAL AGENCIES.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—On the request of the manage-
ment entity, the Secretary may provide technical and
financial assistance to the Heritage Area for the de-
velopment and implementation of the management
plan.
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(2) PRIORITY
FOR
ASSISTANCE.—In providing
assistance under paragraph (1), the Secretary shall
give priority to actions that assist in—
(A) conserving the significant cultural, his-
toric, natural, and scenic resources of the Herit-
age Area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the
purposes of the Heritage Area.
(3) PRESERVATION OF HISTORIC PROPERTIES.—
To carry out the purposes of this title, the Secretary
may provide assistance to a State or local government
or nonprofit organization to provide for the appro-
priate treatment of—
(A) historic objects; or
(B) structures that are listed or eligible for
listing on the National Register of Historic
Places.
(4) COOPERATIVE AGREEMENTS.—The Secretary
may enter into cooperative agreements with the man-
agement entity and other public or private entities to
carry out this subsection.
(b) OTHER FEDERAL AGENCIES.—Any Federal agency
conducting or supporting an activity that directly affects
the Heritage Area shall—
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(1) consult with the Secretary and the manage-
ment entity regarding the activity;
(2) cooperate with the Secretary and the man-
agement entity in carrying out the activity, and to
the maximum extent practicable, coordinate the activ-
ity with the carrying out of its duties; and
(3) to the maximum extent practicable, conduct
the activity to avoid adverse effects on the Heritage
Area.
SEC. 808. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this title $10,000,000, of which not
more than $1,000,000 may be authorized to be appropriated
for any fiscal year.
(b) COST-SHARING
REQUIREMENT.—The Federal
share of the cost of any activity assisted under this title
shall be not more than 50 percent.
SEC. 809. 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.
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TITLE IX—NATIONAL AVIATION
HERITAGE AREA
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘National Aviation Her-
itage Area Act’’.
SEC. 902. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) Few technological advances have transformed
the world or our Nation’s economy, society, culture,
and national character as the development of powered
flight.
(2) The industrial, cultural, and natural herit-
age legacies of the aviation and aerospace industry in
the State of Ohio are nationally significant.
(3) Dayton, Ohio, and other defined areas where
the development of the airplane and aerospace tech-
nology established our Nation’s leadership in both
civil and military aeronautics and astronautics set
the foundation for the 20th Century to be an Amer-
ican Century.
(4) Wright-Patterson Air Force Base in Dayton,
Ohio, is the birthplace, the home, and an integral
part of the future of aerospace.
(5) The economic strength of our Nation is con-
nected integrally to the vitality of the aviation and
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aerospace industry, which is responsible for an esti-
mated 11,200,000 American jobs.
(6) The industrial and cultural heritage of the
aviation and aerospace industry in the State of Ohio
includes the social history and living cultural tradi-
tions of several generations.
(7) The Department of the Interior is responsible
for protecting and interpreting the Nation’s cultural
and historic resources, and there are significant ex-
amples of these resources within Ohio to merit the in-
volvement of the Federal Government to develop pro-
grams and projects in cooperation with the Aviation
Heritage Foundation, Incorporated, the State of Ohio,
and other local and governmental entities to ade-
quately conserve, protect, and interpret this heritage
for the educational and recreational benefit of this
and future generations of Americans, while providing
opportunities for education and revitalization.
(8) Since the enactment of the Dayton Aviation
Heritage Preservation Act of 1992 (Public Law 102–
419), partnerships among the Federal, State, and
local governments and the private sector have greatly
assisted the development and preservation of the his-
toric aviation resources in the Miami Valley.
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(9) An aviation heritage area centered in South-
west Ohio is a suitable and feasible management op-
tion to increase collaboration, promote heritage tour-
ism, and build on the established partnerships among
Ohio’s historic aviation resources and related sites.
(10) A critical level of collaboration among the
historic aviation resources in Southwest Ohio cannot
be achieved without a congressionally established na-
tional heritage area and the support of the National
Park Service and other Federal agencies which own
significant historic aviation-related sites in Ohio.
(11) The Aviation Heritage Foundation, Incor-
porated, would be an appropriate management entity
to oversee the development of the National Aviation
Heritage Area.
(12) Five National Park Service and Dayton
Aviation Heritage Commission studies and planning
documents: ‘‘Study of Alternatives: Dayton’s Aviation
Heritage’’, ‘‘Dayton Aviation Heritage National His-
torical Park Suitability/Feasibility Study’’, ‘‘Dayton
Aviation Heritage General Management Plan’’,
‘‘Dayton Historic Resources Preservation and Devel-
opment Plan’’, and Heritage Area Concept Study (in
progress), demonstrated that sufficient historical re-
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sources exist to establish the National Aviation Herit-
age Area.
(13) With the advent of the 100th anniversary of
the first powered flight in 2003, it is recognized that
the preservation of properties nationally significant
in the history of aviation is an important goal for the
future education of Americans.
(14) Local governments, the State of Ohio, and
private sector interests have embraced the heritage
area concept and desire to enter into a partnership
with the Federal government to preserve, protect, and
develop the Heritage Area for public benefit.
(15) The National Aviation Heritage Area would
complement and enhance the aviation-related re-
sources within the National Park Service, especially
the Dayton Aviation Heritage National Historical
Park, Ohio.
(b) PURPOSE.—The purpose of this title is to establish
the Heritage Area to—
(1) encourage and facilitate collaboration among
the facilities, sites, organizations, governmental enti-
ties, and educational institutions within the Heritage
Area to promote heritage tourism and to develop edu-
cational and cultural programs for the public;
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(2) preserve and interpret for the educational
and inspirational benefit of present and future gen-
erations the unique and significant contributions to
our national heritage of certain historic and cultural
lands, structures, facilities, and sites within the Na-
tional Aviation Heritage Area;
(3) encourage within the National Aviation Her-
itage Area a broad range of economic opportunities
enhancing the quality of life for present and future
generations;
(4) provide a management framework to assist
the State of Ohio, its political subdivisions, other
areas, and private organizations, or combinations
thereof, in preparing and implementing an integrated
Management Plan to conserve their aviation heritage
and in developing policies and programs that will
preserve, enhance, and interpret the cultural, histor-
ical, natural, recreation, and scenic resources of the
Heritage Area; and
(5) authorize the Secretary to provide financial
and technical assistance to the State of Ohio, its po-
litical subdivisions, and private organizations, or
combinations thereof, in preparing and implementing
the private Management Plan.
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SEC. 903. DEFINITIONS.
For purposes of this title:
(1) BOARD.—The term ‘‘Board’’ means the
Board of Directors of the Foundation.
(2) FINANCIAL ASSISTANCE.—The term ‘‘finan-
cial assistance’’ means funds appropriated by Con-
gress and made available to the management entity
for the purpose of preparing and implementing the
Management Plan.
(3) HERITAGE
AREA.—The term ‘‘Heritage
Area’’ means the National Aviation Heritage Area es-
tablished by section 904 to receive, distribute, and ac-
count for Federal funds appropriated for the purpose
of this title.
(4) MANAGEMENT
PLAN.—The term ‘‘Manage-
ment Plan’’ means the management plan for the Her-
itage Area developed under section 906.
(5) MANAGEMENT ENTITY.—The term ‘‘manage-
ment entity’’ means the Aviation Heritage Founda-
tion, Incorporated (a nonprofit corporation estab-
lished under the laws of the State of Ohio).
(6) PARTNER.—The term ‘‘partner’’ means a
Federal, State, or local governmental entity, organi-
zation, private industry, educational institution, or
individual involved in promoting the conservation
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and preservation of the cultural and natural resources
of the Heritage Area.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(8) TECHNICAL ASSISTANCE.—The term ‘‘tech-
nical assistance’’ means any guidance, advice, help,
or aid, other than financial assistance, provided by
the Secretary.
SEC. 904. NATIONAL AVIATION HERITAGE AREA.
(a) ESTABLISHMENT.—There is established in the
States of Ohio and Indiana, the National Aviation Heritage
Area.
(b) BOUNDARIES.—The Heritage Area shall include
the following:
(1) A core area consisting of resources in Mont-
gomery, Greene, Warren, Miami, Clark, and Cham-
paign Counties in Ohio.
(2) The Neil Armstrong Air & Space Museum,
Wapakoneta, Ohio, and the Wilbur Wright Birthplace
and Museum, Millville, Indiana.
(3) Sites, buildings, and districts within the core
area recommended by the Management Plan.
(c) MAP.—A map of the Heritage Area shall be in-
cluded in the Management Plan. The map shall be on file
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in the appropriate offices of the National Park Service, De-
partment of the Interior.
(d) MANAGEMENT ENTITY.—The management entity
for the Heritage Area shall be the Aviation Heritage Foun-
dation.
SEC. 905. AUTHORITIES AND DUTIES OF THE MANAGEMENT
ENTITY.
(a) AUTHORITIES.—For purposes of implementing the
Management Plan, the management entity may use Federal
funds made available through this title to—
(1) make grants to, and enter into cooperative
agreements with, the State of Ohio and political sub-
divisions of that State, private organizations, or any
person;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) DUTIES.—The management entity shall—
(1) develop and submit to the Secretary for ap-
proval the proposed Management Plan in accordance
with section 906;
(2) give priority to implementing actions set
forth in the Management Plan, including taking steps
to assist units of government and nonprofit organiza-
tions in preserving resources within the Heritage
Area and encouraging local governments to adopt
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land use policies consistent with the management of
the Heritage Area and the goals of the Management
Plan;
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage
Area in developing and implementing the Manage-
ment Plan;
(4) maintain a collaboration among the partners
to promote heritage tourism and to assist partners to
develop educational and cultural programs for the
public;
(5) encourage economic viability in the Heritage
Area consistent with the goals of the Management
Plan;
(6) assist units of government and nonprofit or-
ganizations 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 historical, natural, and archi-
tectural resources and sites in the Heritage Area;
and
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(D) restoring historic buildings that relate
to the purposes of the Heritage Area;
(7) assist units of government and nonprofit or-
ganizations to ensure that clear, consistent, and envi-
ronmentally appropriate signs identifying access
points and sites of interest are placed throughout the
Heritage Area;
(8) conduct public meetings at least quarterly re-
garding the implementation of the Management Plan;
(9) submit substantial amendments to the Man-
agement Plan to the Secretary for the approval of the
Secretary; and
(10) for any year in which Federal funds have
been received under this title—
(A) submit an annual report to the Sec-
retary that sets forth the accomplishments of the
management entity and its expenses and income;
(B) make available to the Secretary for
audit all records relating to the expenditure of
such funds and any matching funds; and
(C) 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
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all records concerning the expenditure of such
funds.
(c) USE OF FEDERAL FUNDS.—
(1) IN GENERAL.—The management entity shall
not use Federal funds received under this title to ac-
quire real property or an interest in real property.
(2) OTHER SOURCES.—Nothing in this title pre-
cludes the management entity from using Federal
funds from other sources for authorized purposes.
SEC. 906. MANAGEMENT PLAN.
(a) PREPARATION OF PLAN.—Not later than 3 years
after the date of enactment of this title, the management
entity shall submit to the Secretary for approval a proposed
Management Plan that shall take into consideration 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 Day-
ton Aviation Heritage Historical Park, the sites,
buildings, and districts listed in section 202 of the
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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 Her-
itage Area and that should be preserved, restored,
managed, or maintained because of its significance.
(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 tourism
and to develop educational and cultural pro-
grams for the public.
(B) Assisting partners planning for restora-
tion 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.
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(7) A description and evaluation of the manage-
ment entity, including its membership and organiza-
tional structure.
(c) DISQUALIFICATION FROM FUNDING.—If a proposed
Management Plan is not submitted to the Secretary within
3 years of the date of the enactment of this title, the manage-
ment entity shall be ineligible to receive additional funding
under this title until the date on which the Secretary re-
ceives 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 recommenda-
tions for revisions to the proposed Management Plan. The
Secretary shall approve or disapprove a proposed revision
within 90 days after the date it is submitted.
(f) APPROVAL OF AMENDMENTS.—The Secretary shall
review and approve substantial amendments to the Manage-
ment Plan. Funds appropriated under this title may not
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be expended to implement any changes made by such
amendment until the Secretary approves the amendment.
SEC. 907. 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 Heritage
Area to develop and implement the management plan. The
Secretary is authorized to enter into cooperative agreements
with the management entitity 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, 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;
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(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. 908. 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 Secretary
of Defense and the Administrator of the National Aero-
nautics and Space Administration shall be made by such
Secretary or such Administrator, in consultation with the
Secretary of the Interior.
SEC. 909. 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.
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(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. 910. SUNSET PROVISION.
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.
SEC. 911. STUDY.
(a) IN GENERAL.—The Secretary shall conduct a spe-
cial resource study updating the study required under sec-
tion 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 Heritage National Historical Park.
(b) CONTENTS.—The study shall include an analysis
of alternatives for including the Wright Company factory
as a unit of Dayton Aviation Heritage National Historical
Park that detail management and development options and
costs.
(c) CONSULTATION.—In conducting the study, the Sec-
retary shall consult with the Delphi Corporation, the Day-
ton Aviation Heritage Commission, the Aviation Heritage
Foundation, State and local agencies, and other interested
parties in the area.
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SEC. 912. REPORT.
Not later than 3 years after funds are first made avail-
able for this title, the Secretary 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 describing the results of the study conducted under
section 911.
TITLE 
X—CHAMPLAIN 
VALLEY
NATIONAL HERITAGE PART-
NERSHIP
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘‘Champlain Valley Na-
tional Heritage Partnership Act of 2002’’.
SEC. 1002. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the Champlain Valley and its extensive cul-
tural and natural resources have played a significant
role in the history of the United States and the indi-
vidual States of Vermont and New York;
(2) archeological evidence indicates that the
Champlain Valley has been inhabited by humans
since the last retreat of the glaciers, with the Native
Americans living in the area at the time of European
discovery being primarily of Iroquois and Algonquin
descent;
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(3) the linked waterways of the Champlain Val-
ley, including the Richelieu River in Canada, played
a unique and significant role in the establishment
and development of the United States and Canada
through several distinct eras, including—
(A) the era of European exploration, during
which Samuel de Champlain and other explorers
used the waterways as a means of access through
the wilderness;
(B) the era of military campaigns, includ-
ing highly significant military campaigns of the
French and Indian War, the American Revolu-
tion, and the War of 1812; and
(C) the era of maritime commerce, during
which canals boats, schooners, and steamships
formed the backbone of commercial transpor-
tation for the region;
(4) those unique and significant eras are best de-
scribed by the theme ‘‘The Making of Nations and
Corridors of Commerce’’;
(5) the artifacts and structures associated with
those eras are unusually well-preserved;
(6) the Champlain Valley is recognized as having
one of the richest collections of historical resources in
North America;
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(7) the history and cultural heritage of the
Champlain Valley are shared with Canada and the
Province of Quebec;
(8) there are benefits in celebrating and pro-
moting this mutual heritage;
(9) tourism is among the most important indus-
tries in the Champlain Valley, and heritage tourism
in particular plays a significant role in the economy
of the Champlain Valley;
(10) it is important to enhance heritage tourism
in the Champlain Valley while ensuring that in-
creased visitation will not impair the historical and
cultural resources of the region;
(11) according to the 1999 report of the National
Park Service entitled ‘‘Champlain Valley Heritage
Corridor Project’’, ‘‘the Champlain Valley contains
resources and represents a theme ‘The Making of Na-
tions and Corridors of Commerce’, that is of out-
standing importance in H.S. history’’; and
(12) it is in the interest of the United States to
preserve and interpret the historical and cultural re-
sources of the Champlain Valley for the education and
benefit of present and future generations.
(b) PURPOSES.—The purposes of this title are—
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(1) to establish the Champlain Valley National
Heritage Partnership in the States of Vermont and
New York to recognize the importance of the histor-
ical, cultural, and recreational resources of the Cham-
plain Valley region to the United States;
(2) to assist the States of Vermont and New
York, including units of local government and non-
governmental organizations in the States, in pre-
serving, protecting, and interpreting those resources
for the benefit of the people of the United States;
(3) to use those resources and the theme ‘‘The
Making of Nations and Corridors of Commerce’’ to—
(A) revitalize the economy of communities
in the Champlain Valley; and
(B) generate and sustain increased levels of
tourism in the Champlain Valley;
(4) to encourage—
(A) partnerships among State and local
governments and nongovernmental organizations
in the United States; and
(B) collaboration with Canada and the
Province of Quebec to—
(i) interpret and promote the history of
the waterways of the Champlain Valley re-
gion;
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(ii) form stronger bonds between the
United States and Canada; and
(iii) promote the international aspects
of the Champlain Valley region; and
(5) to provide financial and technical assistance
for the purposes described in paragraphs (1) through
(4).
SEC. 1003. DEFINITIONS.
In this title:
(1) HERITAGE PARTNERSHIP.—The term ‘‘Herit-
age Partnership’’ means the Champlain Valley Na-
tional Heritage Partnership established by section
1004(a).
(2) MANAGEMENT ENTITY.—The term ‘‘manage-
ment entity’’ means the Lake Champlain Basin Pro-
gram.
(3) MANAGEMENT
PLAN.—The term ‘‘manage-
ment plan’’ means the management plan developed
under section 1004(b)(1)(B)(i).
(4) REGION.—
(A) IN
GENERAL.—The term ‘‘region’’
means any area or community in one of the
States in which a physical, cultural, or histor-
ical resource that represents the theme is located.
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(B) 
INCLUSIONS.—The 
term 
‘‘region’’
includes—
(i) the linked navigable waterways
of—
(I) Lake Champlain;
(II) Lake George;
(III) the Champlain Canal; and
(IV) the portion of the Upper
Hudson River extending south to Sara-
toga;
(ii) portions of Grand Isle, Franklin,
Chittenden, 
Addison, 
Rutland, 
and
Bennington Counties in the State of
Vermont; and
(iii) portions of Clinton, Essex, War-
ren, Saratoga, and Washington Counties in
the State of New York.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(6) STATE.—The term ‘‘State’’ means—
(A) the State of Vermont; and
(B) the State of New York.
(7) THEME.—The term ‘‘theme’’ means the theme
‘‘The Making of Nations and Corridors of Commerce’’,
as the term is used in the 1999 report of the National
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Park Service entitled ‘‘Champlain Valley Heritage
Corridor Project’’, that describes the periods of inter-
national conflict and maritime commerce during
which the region played a unique and significant role
in the development of the United States and Canada.
SEC. 1004. HERITAGE PARTNERSHIP.
(a) ESTABLISHMENT.—There is established in the re-
gion the Champlain Valley National Heritage Partnership.
(b) MANAGEMENT ENTITY.—
(1) DUTIES.—
(A) IN GENERAL.—The management entity
shall implement the title.
(B) MANAGEMENT
PLAN.—(i) Not later
than 3 years after the date of enactment of this
title, the management entity shall develop a
management plan for the Heritage Partnership.
(ii) EXISTING PLAN.—Pending the comple-
tion and approval of the management plan, the
management entity may implement the provi-
sions of this title based on its federally author-
ized plan ‘‘Opportunities for Action, an Evolv-
ing Plan For Lake Champlain’’.
(iii) CONTENTS.—The management plan
shall include—
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(I) recommendations for funding, man-
aging, and developing the Heritage Partner-
ship;
(II) a description of activities to be
carried out by public and private organiza-
tions to protect the resources of the Heritage
Partnership;
(III) a list of specific, potential sources
of funding for the protection, management,
and development of the Heritage Partner-
ship;
(IV) an assessment of the organiza-
tional capacity of the management entity to
achieve the goals for implementation; and
(V) recommendations of ways in which
to encourage collaboration with Canada and
the Province of Quebec in implementing this
title.
(iv) CONSIDERATIONS.—In developing the
management plan under clause (i), the manage-
ment entity shall take into consideration existing
Federal, State, and local plans relating to the re-
gion.
(v) SUBMISSION
TO
SECRETARY
FOR
AP-
PROVAL.—
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(I) IN
GENERAL.—Not later than 3
years after the date of enactment of this
title, the management entity shall submit
the management plan to the Secretary for
approval.
(II) EFFECT
OF
FAILURE
TO
SUB-
MIT.—If a management plan is not sub-
mitted to the Secretary by the date specified
in subclause (I), the Secretary shall not pro-
vide any additional funding under this title
until a management plan for the Heritage
Partnership is submitted to the Secretary.
(vi) APPROVAL.—Not later than 90 days
after receiving the management plan submitted
under clause (v), the Secretary, in consultation
with the States, shall approve or disapprove the
management plan.
(vii) ACTION FOLLOWING DISAPPROVAL.—
(I) IN GENERAL.—If the Secretary dis-
approves a management plan under clause
(vi), the Secretary shall—
(aa) advise the management enti-
ty in writing of the reasons for the dis-
approval;
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(bb) make recommendations for
revisions to the management plan; and
(cc) allow the management entity
to submit to the Secretary revisions to
the management plan.
(II) DEADLINE FOR APPROVAL OF RE-
VISION.—Not later than 90 days after the
date on which a revision is submitted under
clause (vii)(I)(cc), the Secretary shall ap-
prove or disapprove the revision.
(viii) AMENDMENT.—
(I) IN
GENERAL.—After approval by
the Secretary of the management plan, the
management entity shall periodically—
(aa) review the management plan;
and
(bb) submit to the Secretary, for
review and approval by the Secretary,
the recommendations of the manage-
ment entity for any amendments to the
management plan that the manage-
ment entity considers to be appro-
priate.
(II) EXPENDITURE
OF
FUNDS.—No
funds made available under this title shall
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be used to implement any amendment pro-
posed by the management entity under
clause (viii)(I) until the Secretary approves
the amendments.
(2) PARTNERSHIPS.—
(A) IN
GENERAL.—In carrying out this
title, the management entity may enter into
partnerships with—
(i) the States, including units of local
governments in the States;
(ii) nongovernmental organizations;
(iii) Indian tribes; and
(iv) other persons in the Heritage
Partnership.
(B) GRANTS.—Subject to the availability of
funds, the management entity may provide
grants to partners under subparagraph (A) to
assist in implementing this title.
(3) PROHIBITION ON THE ACQUISITION OF REAL
PROPERTY.—The management entity shall not use
Federal funds made available under this title to ac-
quire real property or any interest in real property.
(c) ASSISTANCE FROM SECRETARY.—To carry out the
purposes of this title, the Secretary may provide technical
and financial assistance to the management entity.
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SEC. 1005. SAVINGS PROVISIONS.
Nothing in this title—
(1) grants powers of zoning or land use to the
management entity;
(2) modifies, enlarges, or diminishes the author-
ity of the Federal Government or a State or local gov-
ernment to manage or regulate any use of land under
any law (including regulations); or
(3) obstructs or limits private business develop-
ment activities or resource development activities.
SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this title not more than a total of
$10,000,000, of which not more than $1,000,000 may be
made available for any fiscal year.
(b) NON-FEDERAL SHARE.—The non-Federal share of
the cost of any activities carried out using Federal funds
made available under subsection (a) shall not be less than
50 percent.
SEC. 1007. 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.
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TITLE XI—BLUE RIDGE
NATIONAL HERITAGE AREA
SEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Blue Ridge National
Heritage Area Act of 2002’’.
SEC. 1102. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the Blue Ridge Mountains and the extensive
cultural and natural resources of the Blue Ridge
Mountains have played a significant role in the his-
tory of the United States and the State of North
Carolina;
(2) archaeological evidence indicates that the
Blue Ridge Mountains have been inhabited by hu-
mans since the last retreat of the glaciers, with the
Native Americans living in the area at the time of
European discovery being primarily of Cherokee de-
scent;
(3) the Blue Ridge Mountains of western North
Carolina, including the Great Smoky Mountains,
played a unique and significant role in the establish-
ment and development of the culture of the United
States through several distinct legacies, including—
(A) the craft heritage that—
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(i) was first influenced by the Cherokee
Indians;
(ii) was the origin of the traditional
craft movement starting in 1900 and the
contemporary craft movement starting in
the 1940’s; and
(iii) is carried out by over 4,000
craftspeople in the Blue Ridge Mountains of
western North Carolina, the third largest
concentration of such people in the United
States;
(B) a musical heritage comprised of distinc-
tive instrumental and vocal traditions that—
(i) includes stringband music, blue-
grass, ballad singing, blues, and sacred
music;
(ii) has received national recognition;
and
(iii) has made the region one of the
richest repositories of traditional music and
folklife in the United States;
(C) the Cherokee heritage—
(i) dating back thousands of years; and
(ii) offering—
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(I) nationally significant cultural
traditions practiced by the Eastern
Band of Cherokee Indians;
(II) authentic tradition bearers;
(III) historic sites; and
(IV) historically important collec-
tions of Cherokee artifacts; and
(D) the agricultural heritage established by
the Cherokee Indians, including medicinal and
ceremonial food crops, combined with the historic
European patterns of raising livestock, culmi-
nating in the largest number of specialty crop
farms in North Carolina;
(4) the artifacts and structures associated with
those legacies are unusually well-preserved;
(5) the Blue Ridge Mountains are recognized as
having one of the richest collections of historical re-
sources in North America;
(6) the history and cultural heritage of the Blue
Ridge Mountains are shared with the States of Vir-
ginia, Tennessee, and Georgia;
(7) there are significant cultural, economic, and
educational benefits in celebrating and promoting this
mutual heritage;
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(8) according to the 2002 reports entitled ‘‘The
Blue Ridge Heritage and Cultural Partnership’’ and
‘‘Western North Carolina National Heritage Area
Feasibility Study and Plan’’, the Blue Ridge Moun-
tains contain numerous resources that are of out-
standing importance to the history of the United
States; and
(9) it is in the interest of the United States to
preserve and interpret the cultural and historical re-
sources of the Blue Ridge Mountains for the education
and benefit of present and future generations.
(b) PURPOSE.—The purpose of this title is to foster
a close working relationship with, and to assist, all levels
of government, the private sector, and local communities in
the State in managing, preserving, protecting, and inter-
preting the cultural, historical, and natural resources of the
Heritage Area while continuing to develop economic oppor-
tunities.
SEC. 1103. DEFINITIONS.
In this title:
(1) HERITAGE
AREA.—The term ‘‘Heritage
Area’’ means the Blue Ridge National Heritage Area
established by section 1104(a).
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(2) MANAGEMENT ENTITY.—The term ‘‘manage-
ment entity’’ means the management entity for the
Heritage Area designated by section 1104(c).
(3) MANAGEMENT
PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the Her-
itage Area approved under section 1105.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) STATE.—The term ‘‘State’’ means the State
of North Carolina.
SEC. 1104. BLUE RIDGE NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is established the Blue
Ridge National Heritage Area in the State.
(b) BOUNDARIES.—The Heritage Area shall consist of
the counties of Alleghany, Ashe, Avery, Buncombe, Burke,
Caldwell, Cherokee, Clay, Graham, Haywood, Henderson,
Jackson, McDowell, Macon, Madison, Mitchell, Polk, Ruth-
erford, Surry, Swain, Transylvania, Watauga, Wilkes,
Yadkin, and Yancey in the State.
(c) MANAGEMENT ENTITY.—
(1) IN GENERAL.—As a condition of the receipt
of funds made available under section 1109(a), the
Blue Ridge National Heritage Area Partnership shall
be the management entity for the Heritage Area.
(2) BOARD OF DIRECTORS.—
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(A) COMPOSITION.—The management entity
shall be governed by a board of directors com-
posed of 9 members, of whom—
(i) two members shall be appointed by
AdvantageWest;
(ii) two members shall be appointed by
HandMade In America, Inc.;
(iii) one member shall be appointed by
the Education Resources Consortium of
Western North Carolina;
(iv) one member shall be appointed by
the Eastern Band of the Cherokee Indians;
and
(v) three members shall be appointed
by the Governor of North Carolina and
shall—
(I) reside in geographically di-
verse regions of the Heritage Area;
(II) be a representative of State or
local governments or the private sector;
and
(III) have knowledge of tourism,
economic and community development,
regional planning, historic preserva-
tion, cultural or natural resources de-
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velopment, regional planning, con-
servation, recreational services, edu-
cation, or museum services.
SEC. 1105. MANAGEMENT PLAN.
(a) IN GENERAL.—Not later than 3 years after the
date of enactment of this title, the management entity shall
submit to the Secretary for approval a management plan
for the Heritage Area.
(b) CONSIDERATION
OF OTHER PLANS
AND AC-
TIONS.—In developing the management plan, the manage-
ment entity shall—
(1) for the purpose of presenting a unified pres-
ervation and interpretation plan, take into consider-
ation Federal, State, and local plans; and
(2) provide for the participation of residents,
public agencies, and private organizations in the
Heritage Area.
(c) CONTENTS.—The management plan shall—
(1) present comprehensive recommendations and
strategies for the conservation, funding, management,
and development of the Heritage Area;
(2) identify existing and potential sources of
Federal and non-Federal funding for the conservation,
management, and development of the Heritage Area;
and
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(3) include—
(A) an inventory of the cultural, historical,
natural, and recreational resources of the Herit-
age Area, including a list of property that—
(i) relates to the purposes of the Herit-
age Area; and
(ii) should be conserved, restored, man-
aged, developed, or maintained because of
the significance of the property;
(B) a program of strategies and actions for
the implementation of the management plan that
identifies the roles of agencies and organizations
that are involved in the implementation of the
management plan;
(C) an interpretive and educational plan
for the Heritage Area;
(D) a recommendation of policies for re-
source management and protection that develop
intergovernmental cooperative agreements to
manage and protect the cultural, historical, nat-
ural, and recreational resources of the Heritage
Area; and
(E) an analysis of ways in which Federal,
State, and local programs may best be coordi-
nated to promote the purposes of this title.
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(d) EFFECT OF FAILURE TO SUBMIT.—If a manage-
ment plan is not submitted to the Secretary by the date
described in subsection (a), the Secretary shall not provide
any additional funding under this title until a management
plan is submitted to the Secretary.
(e) APPROVAL
OR DISAPPROVAL
OF MANAGEMENT
PLAN.—
(1) IN GENERAL.—Not later than 90 days after
receiving the management plan submitted under sub-
section (a), the Secretary shall approve or disapprove
the management plan.
(2) CRITERIA.—In determining whether to ap-
prove the management plan, the Secretary shall con-
sider whether the management plan—
(A) has strong local support from land-
owners, business interests, nonprofit organiza-
tions, and governments in the Heritage Area;
and
(B) has a high potential for effective part-
nership mechanisms.
(3) ACTION
FOLLOWING
DISAPPROVAL.—If the
Secretary disapproves a management plan under
paragraph (1), the Secretary shall—
(A) advise the management entity in writ-
ing of the reasons for the disapproval;
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(B) make recommendations for revisions to
the management plan; and
(C) allow the management entity to submit
to the Secretary revisions to the management
plan.
(4) DEADLINE FOR APPROVAL OF REVISION.—
Not later than 60 days after the date on which a revi-
sion is submitted under paragraph (3)(C), the Sec-
retary shall approve or disapprove the proposed revi-
sion.
(f) AMENDMENT OF APPROVED MANAGEMENT PLAN.—
(1) IN GENERAL.—After approval by the Sec-
retary of a management plan, the management entity
shall periodically—
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval, the recommendation of the manage-
ment entity for any amendments to the manage-
ment plan.
(2) USE OF FUNDS.—No funds made available
under section 1109(a) shall be used to implement any
amendment proposed by the management entity
under paragraph (1)(B) until the Secretary approves
the amendment.
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SEC. 1106. AUTHORITIES AND DUTIES OF THE MANAGE-
MENT ENTITY.
(a) AUTHORITIES.—For the purposes of developing
and implementing the management plan, the management
entity may use funds made available under section 1109(a)
to—
(1) make grants to, and enter into cooperative
agreements with, the State (including a political sub-
division), nonprofit organizations, or persons;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) DUTIES.—In addition to developing the manage-
ment plan, the management entity shall—
(1) develop and implement the management plan
while considering the interests of diverse units of gov-
ernment, businesses, private property owners, and
nonprofit groups in the Heritage Area;
(2) conduct public meetings in the Heritage Area
at least semiannually on the development and imple-
mentation of the management plan;
(3) give priority to the implementation of ac-
tions, goals, and strategies in the management plan,
including providing assistance to units of govern-
ment, nonprofit organizations, and persons in—
(A) carrying out the programs that protect
resources in the Heritage Area;
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(B) encouraging economic viability in the
Heritage Area in accordance with the goals of
the management plan;
(C) establishing and maintaining interpre-
tive exhibits in the Heritage Area;
(D) developing recreational and educational
opportunities in the Heritage Area; and
(E) increasing public awareness of and ap-
preciation for the cultural, historical, and nat-
ural resources of the Heritage Area; and
(4) for any fiscal year for which Federal funds
are received under section 1109(a)—
(A) submit to the Secretary a report that
describes, for the fiscal year—
(i) the accomplishments of the manage-
ment entity;
(ii) the expenses and income of the
management entity; and
(iii) each entity to which a grant was
made;
(B) make available for audit by Congress,
the Secretary, and appropriate units of govern-
ment, all records relating to the expenditure of
funds and any matching funds; and
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(C) require, for all agreements authorizing
expenditure of Federal funds by any entity, that
the receiving entity make available for audit all
records relating to the expenditure of funds.
(c) PROHIBITION
ON
THE ACQUISITION
OF REAL
PROPERTY.—The management entity shall not use Federal
funds received under section 1109(a) to acquire real prop-
erty or an interest in real property.
SEC. 1107. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) IN GENERAL.—The Secretary may provide to the
management entity technical assistance and, subject to the
availability of appropriations, financial assistance, for use
in developing and implementing the management plan.
(b) PRIORITY FOR ASSISTANCE.—In providing assist-
ance under subsection (a), the Secretary shall give priority
to actions that facilitate—
(1) the preservation of the significant cultural,
historical, natural, and recreational resources of the
Heritage Area; and
(2) the provision of educational, interpretive,
and recreational opportunities that are consistent
with the resources of the Heritage Area.
SEC. 1108. LAND USE REGULATION.
(a) IN GENERAL.—Nothing in this title—
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(1) grants any power of zoning or land use to
the management entity; or
(2) modifies, enlarges, or diminishes any author-
ity of the Federal Government or any State or local
government to regulate any use of land under any
law (including regulations).
(b) PRIVATE PROPERTY.—Nothing in this title—
(1) abridges the rights of any person with respect
to private property;
(2) affects the authority of the State or local gov-
ernment with respect to private property; or
(3) imposes any additional burden on any prop-
erty owner.
SEC. 1109. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this title $10,000,000, of which not
more than $1,000,000 shall be made available for any fiscal
year.
(b) NON-FEDERAL SHARE.—The non-Federal share of
the cost of any activities carried out using Federal funds
made available under subsection (a) shall be not less than
50 percent.
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SEC. 1110. 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.
TITLE XII—ATCHAFALAYA
NATIONAL HERITAGE AREA
SEC. 1201. SHORT TITLE.
This title may be cited as the ‘‘Atchafalaya National
Heritage Area Act’’.
SEC. 1202. FINDINGS.
Congress finds that—
(1) the Atchafalaya Basin area of Louisiana,
designated by the Louisiana Legislature as the
‘‘Atchafalaya Trace State Heritage Area’’ and con-
sisting of the area described in section 1205(b), is an
area in which natural, scenic, cultural, and historic
resources form a cohesive and nationally distinctive
landscape arising from patterns of human activity
shaped by geography;
(2) the significance of the area is enhanced by
the continued use of the area by people whose tradi-
tions have helped shape the landscape;
(3) there is a national interest in protecting,
conserving, restoring, promoting, and interpreting the
benefits of the area for the residents of, and visitors
to, the area;
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(4) the area represents an assemblage of rich and
varied resources forming a unique aspect of the herit-
age of the United States;
(5) the area reflects a complex mixture of people
and their origins, traditions, customs, beliefs, and
folkways of interest to the public;
(6) the land and water of the area offer out-
standing recreational opportunities, educational expe-
riences, and potential for interpretation and scientific
research; and
(7) local governments of the area support the es-
tablishment of a national heritage area.
SEC. 1203. PURPOSES.
The purposes of this title are—
(1) to protect, preserve, conserve, restore, pro-
mote, and interpret the significant resource values
and functions of the Atchafalaya Basin area and ad-
vance sustainable economic development of the area;
(2) to foster a close working relationship with all
levels of government, the private sector, and the local
communities in the area so as to enable those commu-
nities to conserve their heritage while continuing to
pursue economic opportunities; and
(3) to establish, in partnership with the State,
local communities, preservation organizations, private
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corporations, and landowners in the Heritage Area,
the Atchafalaya Trace State Heritage Area, as des-
ignated by the Louisiana Legislature, as the
Atchafalaya National Heritage Area.
SEC. 1204. DEFINITIONS.
In this title:
(1) HERITAGE
AREA.—The term ‘‘Heritage
Area’’ means the Atchafalaya National Heritage Area
established by section 1205(a).
(2) LOCAL
COORDINATING
ENTITY.—The term
‘‘local coordinating entity’’ means the local coordi-
nating entity for the Heritage Area designated by sec-
tion 1205(c).
(3) MANAGEMENT
PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the Her-
itage Area developed under section 1207.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(5) STATE.—The term ‘‘State’’ means the State
of Louisiana.
SEC. 1205. ATCHAFALAYA NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is established in the
State the Atchafalaya National Heritage Area.
(b) BOUNDARIES.—The Heritage Area shall consist of
the whole of the following parishes in the State: St. Mary,
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Iberia, St. Martin, St. Landry, Avoyelles, Pointe Coupee,
Iberville, Assumption, Terrebonne, Lafayette, West Baton
Rouge, Concordia, and East Baton Rouge.
(c) LOCAL COORDINATING ENTITY.—
(1) IN GENERAL.—The Atchafalaya Trace Com-
mission shall be the local coordinating entity for the
Heritage Area.
(2) COMPOSITION.—The local coordinating entity
shall be composed of 13 members appointed by the
governing authority of each parish within the Herit-
age Area.
SEC. 1206. AUTHORITIES AND DUTIES OF THE LOCAL CO-
ORDINATING ENTITY.
(a) AUTHORITIES.—For the purposes of developing
and implementing the management plan and otherwise car-
rying out this title, the local coordinating entity may—
(1) make grants to, and enter into cooperative
agreements with, the State, units of local government,
and private organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) DUTIES.—The local coordinating entity shall—
(1) submit to the Secretary for approval a man-
agement plan;
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(2) implement the management plan, including
providing assistance to units of government and oth-
ers in—
(A) carrying out programs that recognize
important resource values within the Heritage
Area;
(B) encouraging sustainable economic devel-
opment within the Heritage Area;
(C) establishing and maintaining interpre-
tive sites within the Heritage Area; and
(D) increasing public awareness of, and ap-
preciation for the natural, historic, and cultural
resources of, the Heritage Area;
(3) adopt bylaws governing the conduct of the
local coordinating entity; and
(4) for any year for which Federal funds are re-
ceived under this title, submit to the Secretary a re-
port that describes, for the year—
(A) the accomplishments of the local coordi-
nating entity; and
(B) the expenses and income of the local co-
ordinating entity.
(c) ACQUISITION OF REAL PROPERTY.—The local co-
ordinating entity shall not use Federal funds received under
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this title to acquire real property or an interest in real
property.
(d) PUBLIC MEETINGS.—The local coordinating entity
shall conduct public meetings at least quarterly.
SEC. 1207. MANAGEMENT PLAN.
(a) IN GENERAL.—The local coordinating entity shall
develop a management plan for the Heritage Area that in-
corporates an integrated and cooperative approach to pro-
tect, interpret, and enhance the natural, scenic, cultural,
historic, and recreational resources of the Heritage Area.
(b) CONSIDERATION
OF OTHER PLANS
AND AC-
TIONS.—In developing the management plan, the local co-
ordinating entity shall—
(1) take into consideration State and local plans;
and
(2) invite the participation of residents, public
agencies, and private organizations in the Heritage
Area.
(c) 
CONTENTS.—The 
management 
plan 
shall
include—
(1) an inventory of the resources in the Heritage
Area, including—
(A) a list of property in the Heritage Area
that—
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(i) relates to the purposes of the Herit-
age Area; and
(ii) should be preserved, restored, man-
aged, or maintained because of the signifi-
cance 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 this title;
(3) an interpretation plan for the Heritage Area;
and
(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 poten-
tial sources of funding for implementing the
plan.
(d) SUBMISSION TO SECRETARY FOR APPROVAL.—
(1) IN GENERAL.—Not later than 3 years after
the date of enactment of this title, the local coordi-
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nating entity shall submit the management plan to
the Secretary for approval.
(2) EFFECT OF FAILURE TO SUBMIT.—If a man-
agement 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 a management plan for the Heritage Area is
submitted to the Secretary.
(e) APPROVAL.—
(1) IN GENERAL.—Not later than 90 days after
receiving the management plan submitted under sub-
section (d)(1), the Secretary, in consultation with the
State, shall approve or disapprove the management
plan.
(2) ACTION FOLLOWING DISAPPROVAL.—
(A) IN
GENERAL.—If the Secretary dis-
approves a management plan under paragraph
(1), the Secretary shall—
(i) advise the local coordinating entity
in writing of the reasons for the dis-
approval;
(ii) make recommendations for revi-
sions to the management plan; and
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(iii) allow the local coordinating 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.
(f) REVISION.—
(1) IN GENERAL.—After approval by the Sec-
retary of a management plan, the local coordinating
entity shall periodically—
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval by the Secretary, the recommendations
of the local coordinating entity for any revisions
to the management plan that the local coordi-
nating 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 local coordinating entity
under paragraph (1)(B) until the Secretary approves
the revision.
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SEC. 1208. COST SHARING.
The Federal share of the cost of any activity assisted
by the local coordinating entity under this title shall not
exceed 50 percent.
SEC. 1209. EFFECT.
Nothing in this title or in establishment of the Herit-
age Area—
(1) grants any Federal agency regulatory au-
thority over any interest in the Heritage Area, unless
cooperatively agreed on by all involved parties;
(2) modifies, enlarges, or diminishes any author-
ity of the Federal Government or a State or local gov-
ernment to regulate any use of land as provided for
by law (including regulations) in existence on the
date of enactment of this title;
(3) grants any power of zoning or land use to
the local coordinating entity;
(4) imposes any environmental, occupational,
safety, or other rule, standard, or permitting process
that is different from those in effect on the date of en-
actment of this title that would be applicable had the
Heritage Area not been established;
(5)(A) imposes any change in Federal environ-
mental quality standards; or
(B) authorizes designation of any portion of the
Heritage Area that is subject to part C of title I of