(5) recommend policies and strategies for re-
source management, including the development of 
intergovernmental and interagency agreements to pro-
tect, enhance, interpret, fund, manage, and develop 
the natural, historical, cultural, educational, scenic, 
and recreational resources of the National Heritage 
Area; 
(6) describe a program for implementation for 
the management plan, including— 
(A) performance goals; 
(B) plans for resource protection, enhance-
ment, interpretation, funding, management, and 
development; and 
(C) specific commitments for implementa-
tion that have been made by the local coordi-
nating entity or any Federal, State, Tribal, or 
local government agency, organization, business, 
or individual; 
(7) include an analysis of, and recommendations 
for, means by which Federal, State, Tribal, and local 
programs may best be coordinated (including the role 
of the National Park Service and other Federal agen-
cies associated with the National Heritage Area) to 
further the purposes of this subtitle; and 
(8) include a business plan that— 
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(A) describes the role, operation, financing, 
and functions of the local coordinating entity 
and of each of the major activities contained in 
the management plan; and 
(B) provides adequate assurances that the 
local coordinating entity has the partnerships 
and financial and other resources necessary to 
implement the management plan for the Na-
tional Heritage Area. 
(b) DEADLINE.— 
(1) IN GENERAL.—Not later than 3 years after 
the date on which funds are first made available to 
develop the management plan after designation as a 
National Heritage Area, the local coordinating entity 
shall submit the management plan to the Secretary 
for approval. 
(2) TERMINATION OF FUNDING.—If the manage-
ment plan is not submitted to the Secretary in ac-
cordance with paragraph (1), the local coordinating 
entity shall not qualify for any additional financial 
assistance under this subtitle until such time as the 
management plan is submitted to and approved by 
the Secretary. 
(c) APPROVAL OF MANAGEMENT PLAN.— 
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(1) REVIEW.—Not later than 180 days after re-
ceiving the plan, the Secretary shall review and ap-
prove or disapprove the management plan for a Na-
tional Heritage Area on the basis of the criteria estab-
lished under paragraph (3). 
(2) CONSULTATION.—The Secretary shall consult 
with the Governor before approving a management 
plan for the National Heritage Area. 
(3) CRITERIA FOR APPROVAL.—In determining 
whether to approve a management plan for a Na-
tional Heritage Area, the Secretary shall consider 
whether— 
(A) the local coordinating entity represents 
the diverse interests of the National Heritage 
Area, including Federal, State, Tribal, and local 
governments, natural and historic resource pro-
tection organizations, educational institutions, 
businesses, recreational organizations, commu-
nity residents, and private property owners; 
(B) the local coordinating entity— 
(i) has afforded adequate opportunity 
for public and Federal, State, Tribal, and 
local governmental involvement (including 
through workshops and hearings) in the 
preparation of the management plan; and 
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(ii) provides for at least semiannual 
public meetings to ensure adequate imple-
mentation of the management plan; 
(C) the resource protection, enhancement, 
interpretation, funding, management, and devel-
opment strategies described in the management 
plan, if implemented, would adequately protect, 
enhance, interpret, fund, manage, and develop 
the natural, historic, cultural, educational, sce-
nic, and recreational resources of the National 
Heritage Area; 
(D) the management plan would not ad-
versely affect any activities authorized on Fed-
eral land under public land laws or land use 
plans; 
(E) the local coordinating entity has dem-
onstrated the financial capability, in partner-
ship with others, to carry out the plan; 
(F) the Secretary has received adequate as-
surances from the appropriate State, Tribal, and 
local officials whose support is needed to ensure 
the effective implementation of the State, Tribal, 
and local elements of the management plan; and 
(G) the management plan demonstrates 
partnerships among the local coordinating enti-
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ty, Federal, State, Tribal, and local governments, 
regional planning organizations, nonprofit orga-
nizations, or private sector parties for implemen-
tation of the management plan. 
(4) DISAPPROVAL.— 
(A) IN
GENERAL.—If the Secretary dis-
approves the management plan, the Secretary— 
(i) shall advise the local coordinating 
entity in writing of the reasons for the dis-
approval; and 
(ii) may make recommendations to the 
local coordinating entity for revisions to the 
management plan. 
(B) DEADLINE.—Not later than 180 days 
after receiving a revised management plan, the 
Secretary shall approve or disapprove the revised 
management plan. 
(5) AMENDMENTS.— 
(A) IN GENERAL.—An amendment to the 
management plan that substantially alters the 
purposes of the National Heritage Area shall be 
reviewed by the Secretary and approved or dis-
approved in the same manner as the original 
management plan. 
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(B) IMPLEMENTATION.—The local coordi-
nating entity shall not use Federal funds author-
ized by this subtitle to implement an amendment 
to the management plan until the Secretary ap-
proves the amendment. 
(6) AUTHORITIES.—The Secretary may— 
(A) provide technical assistance under the 
authority of this subtitle for the development and 
implementation of the management plan; and 
(B) enter into cooperative agreements with 
interested parties to carry out this subtitle 
SEC. 2026. EVALUATION; REPORT. 
(a) IN GENERAL.—Not later than 3 years before the 
date on which authority for Federal funding terminates for 
the National Heritage Area under this subtitle the Secretary 
shall— 
(1) conduct an evaluation of the accomplish-
ments of the National Heritage Area; and 
(2) prepare a report in accordance with sub-
section (c). 
(b) EVALUATION.—An evaluation conducted under 
subsection (a)(1) shall— 
(1) assess the progress of the local coordinating 
entity with respect to— 
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(A) accomplishing the purposes of the au-
thorizing legislation for the National Heritage 
Area; and 
(B) achieving the goals and objectives of the 
approved management plan for the National 
Heritage Area; 
(2) analyze the Federal, State, Tribal, and local, 
and private investments in the National Heritage 
Area to determine the impact of the investments; and 
(3) review the management structure, partner-
ship relationships, and funding of the National Herit-
age Area for purposes of identifying the critical com-
ponents for sustainability of the National Heritage 
Area. 
(c) REPORT.—Based on the evaluation conducted 
under subsection (a)(1), the Secretary shall submit a report 
to the Committee on Natural Resources of the United States 
House of Representatives and the Committee on Energy and 
Natural Resources of the United States Senate. The report 
shall include recommendations for the future role of the Na-
tional Park Service, if any, with respect to the National 
Heritage Area. 
SEC. 2027. LOCAL COORDINATING ENTITY. 
(a) DESIGNATION.—The local coordinating entity for 
the Heritage Area shall be— 
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(1) for the 5-year period beginning on the date 
of enactment of this subtitle, the Commission; and 
(2) on expiration of the 5-year period described 
in subparagraph (1), a private nonprofit or govern-
mental organization designated by the Commission. 
(b) DUTIES.—To further the purposes of the National 
Heritage Area, the local coordinating entity, shall— 
(1) prepare a management plan for the National 
Heritage Area, and submit the management plan to 
the Secretary, in accordance with this subtitle; 
(2) submit an annual report to the Secretary for 
each fiscal year for which the local coordinating enti-
ty receives Federal funds under this subtitle, speci-
fying— 
(A) the specific performance goals and ac-
complishments of the local coordinating entity; 
(B) the expenses and income of the local co-
ordinating entity; 
(C) the amounts and sources of matching 
funds; 
(D) the amounts leveraged with Federal 
funds and sources of the leveraging; and 
(E) grants made to any other entities dur-
ing the fiscal year; 
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(3) make available for audit for each fiscal year 
for which the local coordinating entity receives Fed-
eral funds under this subtitle, all information per-
taining to the expenditure of the funds and any 
matching funds; 
(4) encourage economic viability and sustain-
ability that is consistent with the purposes of the Na-
tional Heritage Area; and 
(5) coordinate projects, activities, and programs 
with the Erie Canalway National Heritage Corridor. 
(c) AUTHORITIES.—For the purposes of preparing and 
implementing the approved management plan for the Na-
tional Heritage Area, the local coordinating entity may use 
Federal funds made available under this subtitle to— 
(1) make grants to political jurisdictions, non-
profit organizations, and other parties within the Na-
tional Heritage Area; 
(2) enter into cooperative agreements with or 
provide technical assistance to political jurisdictions, 
nonprofit organizations, Federal agencies, and other 
interested parties; 
(3) hire and compensate staff, including individ-
uals with expertise in— 
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(A) 
natural, 
historical, 
cultural, 
edu-
cational, scenic, and recreational resource con-
servation; 
(B) economic and community development; 
and 
(C) heritage planning; 
(4) obtain funds or services from any source, in-
cluding other Federal programs; 
(5) contract for goods or services; and 
(6) support activities of partners and any other 
activities that further the purposes of the National 
Heritage Area and are consistent with the approved 
management plan. 
(d) PROHIBITION ON ACQUISITION OF REAL PROP-
ERTY.—The local coordinating entity may not use Federal 
funds authorized under this subtitle to acquire any interest 
in real property. 
SEC. 2028. NIAGARA FALLS HERITAGE AREA COMMISSION. 
(a) ESTABLISHMENT.—There is established within the 
Department of the Interior the Niagara Falls National Her-
itage Area Commission. 
(b) MEMBERSHIP.—The Commission shall be com-
posed of 17 members, of whom— 
(1) 1 member shall be the Director of the Na-
tional Park Service (or a designee); 
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(2) 5 members shall be appointed by the Sec-
retary, after consideration of the recommendation of 
the Governor, from among individuals with knowledge 
and experience of— 
(A) the New York State Office of Parks, 
Recreation and Historic Preservation, the Niag-
ara River Greenway Commission, the New York 
Power Authority, the USA Niagara Development 
Corporation, and the Niagara Tourism and Con-
vention Corporation; or 
(B) any successors of the agencies described 
in subparagraph (A); 
(3) 1 member shall be appointed by the Sec-
retary, after consideration of the recommendation of 
the mayor of Niagara Falls, New York; 
(4) 1 member shall be appointed by the Sec-
retary, after consideration of the recommendation of 
the mayor of the village of Youngstown, New York; 
(5) 1 member shall be appointed by the Sec-
retary, after consideration of the recommendation of 
the mayor of the village of Lewiston, New York; 
(6) 1 member shall be appointed by the Sec-
retary, after consideration of the recommendation of 
the Tuscarora Nation; 
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(7) 1 member shall be appointed by the Sec-
retary, after consideration of the recommendation of 
the Seneca Nation of Indians; and 
(8) 6 members shall be individuals who have an 
interest in, support for, and expertise appropriate to 
tourism, regional planning, history and historic pres-
ervation, cultural or natural resource management, 
conservation, recreation, and education, or museum 
services, of whom— 
(A) 4 members shall be appointed by the 
Secretary, 
after 
consideration 
of 
the 
rec-
ommendation of the 2 members of the Senate 
from the State; and 
(B) 2 members shall be appointed by the 
Secretary, 
after 
consideration 
of 
the 
rec-
ommendation of the Member of the House of 
Representatives whose district encompasses the 
National Heritage Area. 
(c) TERMS; VACANCIES.— 
(1) TERM.—A member of the Commission shall 
be appointed for a term not to exceed 5 years. 
(2) VACANCIES.— 
(A) PARTIAL TERM.—A member appointed 
to fill a vacancy on the Commission shall serve 
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for the remainder of the term for which the pred-
ecessor of the member was appointed. 
(B) IN GENERAL.—A vacancy on the Com-
mission shall be filled in the same manner as the 
original appointment was made. 
(d) CHAIRPERSON AND VICE CHAIRPERSON.— 
(1) SELECTION.—The Commission shall select a 
Chairperson and Vice Chairperson from among the 
members of the Commission. 
(2) VICE CHAIRPERSON.—The Vice Chairperson 
shall serve as the Chairperson in the absence of the 
Chairperson. 
(e) QUORUM.— 
(1) IN GENERAL.—A majority of the members of 
the Commission shall constitute a quorum. 
(2) TRANSACTION.—For the transaction of any 
business or the exercise of any power of the Commis-
sion, the Commission shall have the power to act by 
a majority vote of the members present at any meet-
ing at which a quorum is in attendance. 
(f) MEETINGS.— 
(1) IN GENERAL.—The Commission shall meet at 
least quarterly at the call of— 
(A) the Chairperson; or 
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(B) a majority of the members of the Com-
mission. 
(2) NOTICE.—Notice of Commission meetings 
and agendas for the meetings shall be published in 
local newspapers that are distributed throughout the 
National Heritage Area. 
(3) APPLICABLE LAW.—Meetings of the Commis-
sion shall be subject to section 552b of title 5, United 
States Code. 
(g) AUTHORITIES OF THE COMMISSION.—In addition 
to the authorities otherwise granted in this subtitle, the 
Commission may— 
(1) request and accept from the head of any Fed-
eral agency, on a reimbursable or non-reimbursable 
basis, any personnel of the Federal agency to the 
Commission to assist in carrying out the duties of the 
Commission; 
(2) request and accept from the head of any 
State agency or any agency of a political subdivision 
of the State, on a reimbursable or nonreimbursable 
basis, any personnel of the agency to the Commission 
to assist in carrying out the duties of the Commis-
sion; 
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(3) seek, accept, and dispose of gifts, bequests, 
grants, or donations of money, personal property, or 
services; and 
(4) use the United States mails in the same 
manner as other agencies of the Federal Government. 
(h) DUTIES OF THE COMMISSION.—To further the pur-
poses of the National Heritage Area, in addition to the du-
ties otherwise listed in this subtitle, the Commission shall 
assist in the transition of the management of the National 
Heritage Area from the Commission to the local coordi-
nating entity designated under this subtitle. 
(i) COMPENSATION OF MEMBERS.— 
(1) IN GENERAL.—A member of the Commission 
shall serve without compensation. 
(2) TRAVEL EXPENSES.—A member of the Com-
mission shall be allowed travel expenses, including 
per diem in lieu of subsistence, at rates authorized for 
an employee of an agency under subchapter I of chap-
ter 57 of title 5, United States Code, while away from 
the home or regular place of business of the member 
in the performance of the duties of the Commission. 
(j) GIFTS.—For purposes of section 170(c) of the Inter-
nal Revenue Code of 1986, any gift or charitable contribu-
tion to the Commission shall be considered to be a charitable 
contribution or gift to the United States. 
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