372
(H) One individual, appointed by the Sec-
retary, after consideration of recommendations
of the President of the Thompson Island Out-
ward Bound Education Center, to represent the
Center.
(I) One individual, appointed by the Sec-
retary, after consideration of recommendations
of the Chair, to represent the Trustees of Res-
ervations.
(J) One individual, appointed by the Sec-
retary, after consideration of recommendations
of the President of the Island Alliance, to rep-
resent the Alliance, a nonprofit organization
whose sole purpose is to provide financial sup-
port for the Boston Harbor Islands National
Recreation Area.
(K) Two individuals, appointed by the Sec-
retary, to represent the Boston Harbor Islands
Advisory Council, established in subsection (g).
(3) TERMS OF OFFICE; REAPPOINTMENT.—(A)
Members of the Partnership shall serve for terms of
three years. Any member may be reappointed for
one additional 3-year term.
(B) The Secretary shall appoint the first mem-
bers of the Partnership within 30 days after the
373
date on which the Secretary has received all of the
recommendations for appointment pursuant to sub-
sections (b) (3), (4), (5), (6), (7), (8), (9), and (10).
(C) A member may serve after the expiration of
his or her term until a successor has been appointed.
(4) COMPENSATION.—Members of the Partner-
ship shall serve without pay, but while away from
their homes or regular places of business in the per-
formance of services for the Partnership, members
shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as per-
sons employed intermittently in the Government
service are allowed expenses under section 5703 of
title 5, United States Code.
(5) ELECTION OF OFFICERS.—The Partnership
shall elect one of its members as Chairperson and
one as Vice Chairperson. The term of office of the
Chairperson and Vice Chairperson shall be one year.
The Vice Chairperson shall serve as chairperson in
the absence of the Chairperson.
(6) VACANCY.—Any vacancy on the Partnership
shall be filled in the same manner in which the origi-
nal appointment was made.
374
(7) MEETINGS.—The Partnership shall meet at
the call of the Chairperson or a majority of its mem-
bers.
(8) QUORUM.—A majority of the Partnership
shall constitute a quorum.
(9) STAFF OF THE PARTNERSHIP.—The Sec-
retary shall provide the Partnership with such staff
and technical assistance as the Secretary, after con-
sultation with the Partnership, considers appropriate
to enable the Partnership to carry out its duties.
The Secretary may accept the services of personnel
detailed from the Commonwealth of Massachusetts,
any political subdivision of the Commonwealth or
any entity represented on the Partnership.
(10) HEARINGS.—The Partnership may hold
such hearings, sit and act at such times and places,
take such testimony, and receive such evidence as
the Partnership may deem appropriate.
(11) DONATIONS.—Nothwithstanding any other
provision of law, the Partnership may seek and ac-
cept donations of funds, property, or services from
individuals, foundations, corporations, and other pri-
vate and public entities for the purpose of carrying
out this section.
375
(12) USE OF FUNDS TO OBTAIN MONEY.—The
Partnership may use its funds to obtain money from
any source under any program or law requiring the
recipient of such money to make a contribution in
order to receive such money.
(13) MAILS.—The Partnership may use the
United States mails in the same manner and upon
the same conditions as other departments and agen-
cies of the United States.
(14) OBTAINING PROPERTY.—The Partnership
may obtain by purchase, rental, donation, or other-
wise, such property, facilities, and services as may
be needed to carry out its duties, except that the
Partnership may not acquire any real property or in-
terest in real property.
(15) COOPERATIVE
AGREEMENTS.—For pur-
poses of carrying out the plan described in sub-
section (f), the Partnership may enter into coopera-
tive agreements with the Commonwealth of Massa-
chusetts, any political subdivision thereof, or with
any organization or person.
(f) INTEGRATED RESOURCE MANAGEMENT PLAN.—
(1) IN GENERAL.—Within three years after the
date of enactment of this Act, the Partnership shall
submit to the Secretary a management plan for the
376
recreation area to be developed and implemented by
the Partnership.
(2) CONTENTS OF PLAN.—The plan shall in-
clude (but not be limited to) each of the following:
(A) A program providing for coordinated
administration of the recreation area with pro-
posed assignment of responsibilities to the ap-
propriate governmental unit at the Federal,
State, and local levels, and nonprofit organiza-
tions, including each of the following:
(i) A plan to finance and support the
public improvements and services rec-
ommended in the plan, including allocation
of non-Federal matching requirements set
forth in subsection (h)(2) and a delineation
of profit sector roles and responsibilities.
(ii) A program for the coordination
and consolidation, to the extent feasible, of
activities that may be carried out by Fed-
eral, State, and local agencies having juris-
diction over land and waters within the
recreation area, including planning and
regulatory responsibilities.
(B) Policies and programs for the follow-
ing purposes:
377
(i) Enhancing public outdoor rec-
reational opportunities in the recreation
area.
(ii) Conserving, protecting, and main-
taining the scenic, historical, cultural, nat-
ural and scientific values of the islands.
(iii) Developing educational opportuni-
ties in the recreation area.
(iv) Enhancing public access to the Is-
lands, including development of transpor-
tation networks.
(v) Identifying potential sources of
revenue from programs or activities carried
out within the recreation area.
(vi) Protecting and preserving Native
American burial grounds connected with
the King Philip’s War internment period
and other periods.
(C) A policy statement that recognizes ex-
isting economic activities within the recreation
area.
(3) DEVELOPMENT
OF
PLAN.—In developing
the plan, the Partnership shall—
(A) consult on a regular basis with appro-
priate officials of any local government or Fed-
378
eral or State agency which has jurisdiction over
lands and waters within the recreation area;
(B) consult with interested conservation,
business, professional, and citizen organiza-
tions; and
(C) conduct public hearings or meetings
for the purposes of providing interested persons
with the opportunity to testify with respect to
matters to be addressed by the plan.
(4) APPROVAL OF PLAN.—(A) The Partnership
shall submit the plan to the Governor of Massachu-
setts for review. The Governor shall have 90 days to
review and make any recommendations. After con-
sidering the Governor’s recommendations, the Part-
nership shall submit the plan to the Secretary, who
shall approve or disapprove the plan within 90 days.
In reviewing the plan the Secretary shall consider
each of the following:
(i) The adequacy of public participation.
(ii) Assurances of plan implementation
from State and local officials.
(iii) The adequacy of regulatory and finan-
cial tools that are in place to implement the
plan.
379
(B) If the Secretary disapproves the plan, the
Secretary shall within 60 days after the date of such
disapproval, advise the Partnership in writing of the
reasons therefore, together with recommendations
for revision. Within 90 days of receipt of such notice
of disapproval, the Partnership shall revise and re-
submit the plan to the Secretary who shall approve
or disapprove the revision within 60 days.
(5) INTERIM PROGRAM.—Prior to adoption of
the Partnership’s plan, the Secretary and the Part-
nership shall assist the owners and managers of
lands and waters within the recreation area to en-
sure that existing programs, services, and activities
that promote the purposes of this section are sup-
ported.
(g) BOSTON HARBOR ISLANDS ADVISORY COUN-
CIL.—
(1) ESTABLISHMENT.—The Secretary, acting
through the Director of the National Park Service,
shall establish an advisory committee to be known as
the Boston Harbor Islands Advisory Council. The
purpose of the Advisory Council shall be to represent
various groups with interests in the recreation area
and make recommendations to the Boston Harbor
Islands Partnership on issues related to the develop-
380
ment and implementation of the integrated resource
management plan developed under subsection (f).
The Advisory Council is encouraged to establish
committees relating to specific recreation area man-
agement issues, including (but not limited to) edu-
cation, tourism, transportation, natural resources,
cultural and historic resources, and revenue raising
activities. Participation on any such committee shall
not be limited to members of the Advisory Council.
(2) MEMBERSHIP.—The Advisory Council shall
consist of not fewer than 18 individuals, to be ap-
pointed by the Secretary, acting through the Direc-
tor of the National Park Service. The Secretary
shall appoint no fewer than three individuals to rep-
resent each of the following categories of entities:
municipalities; educational and cultural institutions;
environmental organizations; business and commer-
cial entities, including those related to transpor-
tation, tourism and the maritime industry; and Bos-
ton Harbor-related advocacy organizations; and or-
ganizations representing Native American interests.
(3) PROCEDURES.—Each meeting of the Advi-
sory Council and its committees shall be open to the
public.
381
(4) FACA.—The provisions of section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.),
are hereby waived with respect to the Advisory
Council.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated such sums as may be necessary to
carry out this section, provided that no funds may
be appropriated for land acquisition.
(2) MATCHING
REQUIREMENT.—Amounts ap-
propriated in any fiscal year to carry out this section
may only be expended on a matching basis in a ra-
tion of at least three non-Federal dollars to every
Federal dollar. The non-Federal share of the match
may be in the form of cash, services, or in-kind con-
tributions, fairly valued.
SEC. 1030. NATCHEZ NATIONAL HISTORICAL PARK.
Section 3 of the Act of October 8, 1988, entitled ‘‘An
Act to create a national park at Natchez, Mississippi’’ (16
U.S.C. 410oo et seq.), is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ after
‘‘SEC. 3.’’; and
(2) by adding at the end the following:
‘‘(b) BUILDING FOR JOINT USE BY THE SECRETARY
AND THE CITY OF NATCHEZ.—
382
‘‘(1) 
CONTRIBUTION
TOWARD
CONSTRUC-
TION.—The Secretary may enter into an agreement
with the City of Natchez under which the Secretary
agrees to pay not to exceed $3,000,000 toward the
planning and construction by the City of Natchez of
a structure to be partially used by the Secretary as
an administrative headquarters, administrative site,
and visitors’ center for Natchez National Historical
Park.
‘‘(2) USE FOR SATISFACTION OF MATCHING RE-
QUIREMENTS.—The amount of payment under para-
graph (1) may be available for matching Federal
grants authorized under other law notwithstanding
any limitations in any such law.
‘‘(3) AGREEMENT.—Prior to the execution of
an agreement under paragraph (1), and subject to
the appropriation of necessary funds in advance, the
Secretary may enter into a contract, lease, coopera-
tive agreement, or other appropriate form of agree-
ment with the City of Natchez providing for the use
and occupancy of a portion of the structure con-
structed under paragraph (1) (including appropriate
use of the land on which it is situated), at no cost
to the Secretary (except maintenance, utility, and
other operational costs), for a period of 50 years,
383
with an option for renewal by the Secretary for an
additional 50 years.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated $3,000,000
to carry out this subsection.’’.
SEC. 1031. SUBSTITUTION OF TIMBER FOR CANCELED TIM-
BER SALE.
(a) IN GENERAL.—Notwithstanding the provisions of
the Act of July 31, 1947 (30 U.S.C. 601 et seq.), and
the requirements of section 5402.0–6 of title 43, Code of
Federal Regulations, the Secretary of the Interior, acting
through the Bureau of Land Management, is authorized
to substitute, without competition, a contract for timber
identified for harvest located on public lands administered
by the Bureau of Land Management in the State of Cali-
fornia of comparable value for the following terminated
timber contract: Elkhorn Ridge Timber Sale, Contract No.
CA–050–TS–88–01.
(b) DISCLAIMER.—Nothing in this section shall be
construed as changing any law or policy of the Federal
Government beyond the timber sale substitution specified
in this section.
SEC. 1032. RURAL ELECTRIC AND TELEPHONE FACILITIES.
(a) IN GENERAL.—Section 504(g) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
384
1764(g)) is amended by striking ‘‘financed pursuant to the
Rural Electrification Act of 1936, as amended,’’ in the
last sentence and inserting ‘‘eligible for financing pursu-
ant to the Rural Electrification Act of 1936, as amended,
determined without regard to any application requirement
under that Act,’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to rights-of-way
leases held on or after the date of enactment of this Act.
SEC. 1033. FEDERAL BOROUGH RECOGNITION.
(a) Section 6901(2) of title 31, United States Code,
is amended to read as follows:
‘‘(2)(A) ‘unit of general local government’
means—
‘‘(i) a county (or parish), township, bor-
ough, or city where the city is independent of
any other unit of general local government,
that—
‘‘(I) is within the class or classes of
such political subdivision in a State that
the Secretary of the Interior, in his discre-
tion, determines to be the principal pro-
vider or providers of governmental services
within the State; and
385
‘‘(II) is a unit of general government,
as determined by the Secretary of the Inte-
rior on the basis of the same principles as
were used by the Secretary of Commerce
on January 1, 1983, for general statistical
purposes;
‘‘(ii) any area in Alaska that is within the
boundaries of a census area used by the Sec-
retary of Commerce in the decennial census,
but that is not included within the boundary of
a governmental entity described under clause
(i);
‘‘(iii) the District of Columbia;
‘‘(iv) the Commonwealth of Puerto Rico;
‘‘(v) Guam; and
‘‘(vi) the Virgin Islands.
‘‘(B) the term ‘governmental services’ includes,
but is not limited to, those services that relate to
public safety, the environment, housing, social serv-
ices, transportation, and governmental administra-
tion.’’.
(b) PAYMENT IN LIEU OF TAXES.—Section 6902(a)
of title 31, United States Code, is amended to read as
follows:
386
‘‘(a)(1) Except as provided in paragraph (2), the Sec-
retary of the Interior shall make a payment for each fiscal
year to each unit of general local government in which en-
titlement land is located as set forth in this chapter. A
unit of general local government may use the payment for
any governmental purpose.
‘‘(2) For each unit of general local government de-
scribed in section 6901(2)(A)(ii), the Secretary of the In-
terior shall make a payment for each fiscal year to the
State of Alaska for entitlement land located within such
unit as set forth in this chapter. The State of Alaska shall
distribute such payment to home rule cities and general
law cities (as such cities are defined by the State) located
within the boundaries of the unit of general local govern-
ment for which the payment was received. Such cities may
use monies received under this paragraph for any govern-
mental purpose.’’.
SEC. 1034. EXTENSION OF STATUTE OF LIMITATIONS.
Notwithstanding any other provision of law, any of
the Alaska Native Village Corporations of Tyonek Native
Corporation, Ninilchik Native Association, Inc., Knikatnu
Inc., Seldovia Native Association, Inc., Chikaloon Moose
Creek Native Association, Inc., and the Alaska Native Re-
gional Corporation, Cook Inlet Region, Inc. may com-
mence litigation at any time within 12 months of enact-
387
ment of this Act in Federal District Court for Alaska to
challenge any determination by the Department of the In-
terior that such native corporations will not receive con-
veyance of lands described in ‘‘Appendix C’’ of the Defi-
ciency Agreement dated August 31, 1976.
SEC. 1035. REGULATIONS OF FISHING IN CERTAIN WATERS
OF ALASKA.
(a) IN GENERAL.—Local residents who are descend-
ants of Katmai residents who lived in the Naknek Lake
and River Drainage shall be permitted, subject to reason-
able regulations established by the Secretary of the Inte-
rior, to continue their traditional fishery for red fish with-
in Katmai National Park (the national park and national
preserve redesignated, established, and expanded under
section 202(2) of the Alaska National Interest Lands Con-
servation Act (16 U.S.C. 410hh–1)).
(b) RED FISH DEFINED.—For the purposes of sub-
section (a), the term ‘‘red fish’’ means spawned-out sock-
eye salmon that has no significant commercial value.
(c) TITLE.—No provision of this section shall be con-
strued to invalidate or validate or in any other way affect
any claim by the State of Alaska to title to any or all
submerged lands, nor shall any actions taken pursuant to
or in accordance with this Act operate under any provision
or principle of the law to bar the State of Alaska from
388
asserting at any time its claim of title to any or all of
the submerged lands.
(d) JURISDICTION.—Nothing in this section nor in
any actions taken pursuant to this section shall be con-
strued as expanding or diminishing Federal or State juris-
diction, responsibility, interests, or rights in management,
regulation, or control over waters of the State of Alaska
or submerged lands under any provision of Federal or
State law.
SEC. 1036. CREDIT FOR RECONVEYANCE.
Within 24 months after the date of the enactment
of this Act, the Cape Fox Corporation may transfer all
or part of its right, title, and interest in and to the ap-
proximately 320-acre parcel that includes Beaver Falls
Hydroelectric power-house site to the United States as
part of an equal value exchange.
SEC. 1037. RADIO SITE REPORT.
The Secretary of Agriculture (1) shall have a period
of 180 days from the date of enactment of this Act to
review management of Inspiration Point, San Bernadino
National Forest, make determination whether the contin-
ued presence of the KATY–FM antenna on the site is in
the public interest, and report the determination with the
reasons therefor to the Committee on Energy and Natural
Resources, United States Senate, and the Committee on
389
Resources, House of Representatives, and (2) shall take
no action within such period which causes or results in,
directly or indirectly, the removal of the antenna from the
site.
TITLE 
XI—CALIFORNIA 
BAY
DELTA ENVIRONMENTAL EN-
HANCEMENT
SEC. 1101. PROGRAM FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS.—For each
of the fiscal years 1998, 1999, and 2000, there are author-
ized to be appropriated an additional $143,300,000 for
both—
(1) the initial Federal share of the cost of de-
veloping and implementing that portion of an eco-
system protection plan for the Bay-Delta, referred to
as ‘‘the Category III program’’ emanating out of the
document entitled ‘‘Principles for Agreement on
Bay-Delta Standards between the State of California
and the Federal Government’’, dated December 15,
1994, and
(2) the initial Federal share of the cost of de-
veloping and implementing the ecosystem restoration
elements of the long-term CALFED Bay-Delta Pro-
gram, pursuant to the cost sharing agreement re-
quired by section 78684.10 of California Senate Bill
390
900, Chapter 135, Statutes of 1996, signed by the
Governor of California on July 11, 1996.
Funds appropriated pursuant to this section shall remain
available until expended and shall be administered in ac-
cordance with procedures established by CALFED Bay-
Delta Program until Congress authorizes another entity
that is recommended by CALFED Bay-Delta Program to
carry out this section.
(b) TREATMENT OF FUNDS.—Funds authorized to be
appropriated pursuant to this section to those agencies
that are currently or subsequently become participants in
the CALFED Bay-Delta Program shall be in addition to
the baseline funding levels established pursuant to sub-
section (e), for currently authorized projects and programs
under the Central Valley Project Improvement Act (title
XXXIV of Public Law 102–575) and other currently au-
thorized Federal programs for the purpose of Bay-Delta
ecosystem protection and restoration.
(c) LONG-TERM SOLUTION.—Nothing in this section
shall be deemed to diminish the Federal interest in and
responsibility for working with the State of California
through the CALFED Bay-Delta Program in developing,
funding, and implementing a balanced, long-term solution
to the problems of ecosystem quality, water quality, water
supply and reliability, and system vulnerability affecting
391
the San Francisco Bay/Sacramento-San Joaquin Delta
Watershed in California. Participation in such long-term
solution shall only be undertaken pursuant to authoriza-
tion provided by law other than this section, and shall be
based on the equitable allocation of program costs among
beneficiary groups that the CALFED Bay-Delta programs
shall develop.
(d) ACTIVITIES.—To the extent not otherwise author-
ized, those agencies and departments that are currently
or subsequently become participants in the CALFED Bay-
Delta Program are hereby authorized to undertake the ac-
tivities and programs for which Federal cost sharing is
provided by this section. The United States shall imme-
diately initiate coordinated consultations and negotiations
with the State of California to expeditiously execute the
cost-sharing agreement required by section 78684.10 of
California Senate Bill 900, Chapter 135, Statutes of 1996,
signed by the Governor of California on July 11, 1996.
Such activities shall include, but not be limited to, plan-
ning, design, technical assistance, and construction for
ecosystem restoration programs and projects.
(e) BUDGET CROSSCUT.—The Office of Management
and Budget is directed to submit to the House and Senate
Committees on Appropriations, as part of the President’s
Fiscal Year 1998 Budget, an interagency budget crosscut
392
that displays Federal spending for fiscal years 1993
through 1998 on ecosystem restoration and other purposes
in the Bay-Delta region, separately showing funding pro-
vided previously or requested under both pre-existing au-
thorities and new authorities granted by this section.
(f) EFFECTIVE DATE.—Subsections (a) through (d)
of this section shall take effect on the date of passage of
California State Proposition 204.
DIVISION II
TITLE I—NATIONAL COAL
HERITAGE AREA
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘National Coal Herit-
age Area Act of 1996’’.
SEC. 102. FINDINGS.
(a) FINDINGS.—The Congress finds as follows:
(1) Certain events that led to the development
of southern West Virginia’s coalfields during the lat-
ter part of the 19th Century and the early part of
the current century are of national historic and cul-
tural significance in terms of their contribution to
the industrialization of the United States, the orga-
nization of workers into trade unions, and the
unique culture of the Appalachian Region.
393
(2) It is in the national interest to preserve and
protect physical remnants of this era for the edu-
cation and benefit of present and future generations.
(3) There is a need to provide assistance for the
preservation and promotion of those vestiges of
southern West Virginia’s coal heritage which have
outstanding cultural, historic, and architectural
value.
SEC. 103. ESTABLISHMENT.
(a) IN GENERAL.—For the purpose of preserving and
interpreting for the educational and inspirational benefit
of present and future generations certain lands and struc-
tures with unique and significant historic and cultural
value associated with the coal mining heritage of the State
of West Virginia and the Nation, there is hereby estab-
lished the National Coal Heritage Area (hereafter in this
title referred to as the ‘‘Area’’).
(b) BOUNDARIES.—The Area shall be comprised of
the counties in the State of West Virginia that are the
subject of the study by the National Park Service, dated
1993, entitled ‘‘A Coal Mining Heritage Study: Southern
West Virginia’’ conducted pursuant to title VI of Public
Law 100–699.
(c) ADMINISTRATION.—The Area shall be adminis-
tered in accordance with this title.
394
SEC. 104. CONTRACTUAL AGREEMENT.
The Secretary of the Interior (hereafter in this title
referred to as the ‘‘Secretary’’) is authorized to enter into
a contractual agreement with the Governor of the State
of West Virginia, acting through the Division of Culture
and History and the Division of Tourism and Parks, pur-
suant to which the Secretary shall assist the State of West
Virginia, its units of local government, and nonprofit orga-
nizations in each of the following:
(1) The development and implementation of in-
tegrated cultural, historical, and land resource man-
agement policies and programs in order to retain,
enhance, and interpret the significant values of the
lands, water, and structures of the Area.
(2) The preservation, restoration, maintenance,
operation, interpretation, and promotion of build-
ings, structures, facilities, sites, and points of inter-
est for public use that possess cultural, historical,
and architectural values associated with the coal
mining heritage of the Area.
(3) The coordination of activities by Federal,
State, and local governments and private businesses
and organizations in order to further historic preser-
vation and compatible economic revitalization.
(4) The development of guidelines and stand-
ards for projects, consistent with standards estab-
395
lished by the National Park Service, for the preser-
vation and restoration of historic properties, includ-
ing interpretative methods, that will further history
preservation in the region.
SEC. 105. ELIGIBLE RESOURCES.
The resources eligible for the assistance under para-
graphs (2) and (5) of section 104 shall include those set
forth in appendix D of the study by the National Park
Service, dated 1993, entitled ‘‘A Coal Mining Heritage
Study: Southern West Virginia’’, conducted pursuant to
title VI of Public Law 100–699. Priority consideration
shall be given to those sites listed as ‘‘Conservation Prior-
ities’’ and ‘‘Important Historic Resources’’ as depicted on
the map entitled ‘‘Study Area: Historic Resources’’ in
such study.
SEC. 106. COAL HERITAGE MANAGEMENT PLAN.
(a) IN
GENERAL.—Pursuant to the contractual
agreement referred to in section 104, within three years
after the date of enactment of this title, the Governor of
the State of West Virginia, acting through the Division
of Culture and History and the Division of Tourism and
Parks, shall submit to the Secretary a Coal Heritage Man-
agement Plan for the Area. The plan shall at a mini-
mum—
396
(1) set forth the integrated cultural, historical,
and land resource management policies and pro-
grams referred to in section 104;
(2) describe the guidelines and standards for
projects referred to in section 104; and
(3) set forth the responsibilities of the State of
West Virginia, units of local government, nonprofit
entities, or Secretary to administer any properties
acquired pursuant to section 104.
(b) PLAN APPROVAL.—The Secretary shall approve
the plan submitted under subsection (a) unless he deter-
mines that it would meet the objectives of this title.
SEC. 107. SUNSET.
The Secretary may not make any grant or provide
any assistance under this title after September 30, 2012.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated under this title not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may
be appropriated for the Area under this title.
(b) 50 PERCENT MATCH.—Federal funding provided
under this title may not exceed 50 percent of the total
cost of any assistance or grant provided or authorized
under this title.
397
TITLE II—TENNESSEE CIVIL
WAR HERITAGE AREA
SEC. 201. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) there are situated in the State of Tennessee
the sites of several key Civil War battles, campaigns,
and engagements;
(2) certain sites, battlefields, structures, and
areas in Tennessee are collectively of national sig-
nificance in the history of the Civil War;
(3) the Civil War Sites Advisory Commission,
established by Congress in 1991, identified 38 sites
in Tennessee as significant;
(4) the preservation and interpretation of these
sites will make an important contribution to the un-
derstanding of the heritage of the United States;
(5) the preservation of Civil War sites within a
regional framework requires cooperation among local
property owners and Federal, State, and local gov-
ernment entities; and
(6) partnerships between Federal, State, and
local governments and their regional entities, and
the private sector, offer the most effective opportuni-
ties for the enhancement and management of the
398
Civil War battlefields and related sites located in
Tennessee.
(b) PURPOSES.—The purposes of this title are—
(1) to preserve, conserve, and interpret the leg-
acy of the Civil War in Tennessee;
(2) to recognize and interpret important events
and geographic locations representing key Civil War
battles, campaigns, and engagements in Tennessee;
(3) to recognize and interpret the effect of the
Civil War on the civilian population of Tennessee
during the war and postwar reconstruction period;
and
(4) to create partnerships among Federal,
State, and local governments and their regional enti-
ties, and the private sector to preserve, conserve, en-
hance, and interpret the battlefields and associated
sites associated with the Civil War in Tennessee.
SEC. 202. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘national heritage area’’ means
the Tennessee Civil War Heritage Area as des-
ignated pursuant to section 203.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
401
ensure effective implementation of the State and local as-
pects of the compact.
(c) APPROVAL AND DISAPPROVAL OF COMPACTS.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Governor of Tennessee, shall approve
or disapprove the proposed compact not later than
90 days after receiving such compact.
(2) PROCEDURES IF DISAPPROVED.—If the Sec-
retary disapproves a proposed compact, the Sec-
retary shall advise, in writing, of the reasons for the
disapproval and shall make recommendations for re-
visions of the proposed compact. The Secretary shall
approve or disapprove a proposed revision to such a
compact within 90 days after the date on which the
revision is submitted to the Secretary.
SEC. 205. MANAGEMENT.
(a) MANAGEMENT PLANS.—A management plan sub-
mitted under this title for the national heritage area shall
present comprehensive recommendations for the conserva-
tion, funding, management, and development of the area.
The management plan shall—
(1) be prepared with public participation;
(2) take into consideration existing Federal,
State, county, and local plans and involve residents,
402
public agencies, and private organizations in the
area;
(3) include a description of actions that units of
government and private organizations are rec-
ommended to take to protect the resources of the
area;
(4) specify existing and potential sources of
funding for the conservation, management, and de-
velopment of the area; and
(5) include the following, as appropriate:
(A) An inventory of the resources con-
tained in the national heritage area, including a
list of property in the area that should be con-
served, restored, managed, developed, or main-
tained because of the natural, cultural, or his-
toric significance of the property as it relates to
the themes of the area.
(B) A recommendation of policies for re-
source management that consider and detail the
application of appropriate land and water man-
agement techniques, including (but not limited
to) the development of intergovernmental coop-
erative agreements to manage the historical,
cultural, and natural resources and the rec-
reational opportunities of the area in a manner
403
consistent with the support of appropriate and
compatible economic viability.
(C) A program, including plans for res-
toration and construction, for implementation
of the management plan by the management
entity specified in the compact for the area and
specific commitments, for the first 5 years of
operation of the plan, by the partners identified
in the compact.
(D) An analysis of means by which Fed-
eral, State, and local programs may best be co-
ordinated to promote the purposes of this title.
(E) An interpretive plan for the national
heritage area.
(b) MANAGEMENT ENTITIES.—The management en-
tity for the national heritage area shall do each of the fol-
lowing:
(1) Develop and submit to the Secretary a man-
agement plan not later than three years after the
date of the designation of the area as a national her-
itage area.
(2) Give priority to the implementation of ac-
tions, goals, and policies set forth in the compact
and management plan for the area, including—
404
(A) assisting units of government, regional
planning organizations, and nonprofit organiza-
tions—
(i) in conserving the national heritage
area;
(ii) in establishing and maintaining
interpretive exhibits in the area;
(iii) in developing recreational oppor-
tunities in the area;
(iv) in increasing public awareness of
and appreciation for the natural, historical,
and cultural resources of the area;
(v) in the restoration of historic build-
ings that are located within the boundaries
of the area and relate to the themes of the
area; and
(vi) in ensuring that clear, consistent,
and environmentally appropriate signs
identifying access points and sites of inter-
est are put in place throughout the area;
and
(B) consistent with the goals of the man-
agement plan, encouraging economic viability in
the affected communities by appropriate means.
405
(3) In developing and implementing the man-
agement plan for the area, consider the interests of
diverse units of government, businesses, private
property owners, and nonprofit groups within the ge-
ographic area.
(4) Conduct public meetings at least quarterly
regarding the implementation of the management
plan for the area.
(c) CLEARING HOUSE.—The Congress recognizes the
Center for Historic Preservation at Middle Tennessee
State University as the clearing house for the Tennessee
Civil War Heritage Area.
SEC. 206. DUTIES AND AUTHORITIES OF SECRETARY.
The Secretary—
(1) may provide technical assistance and grants
to units of government and private nonprofit organi-
zations regarding the compact and, upon request of
the management entity for the national heritage
area, regarding the management plan and its imple-
mentation;
(2) may not, as a condition of the award of
technical assistance or grants under this section, re-
quire any recipient of such technical assistance or
grants to enact or modify land use restrictions; and
406
(3) may not make limitations on fishing, hunt-
ing, or trapping a condition for the approval of the
compact or the determination of eligibility for tech-
nical assistance or grants under this section.
SEC. 207. SAVINGS PROVISIONS.
(a) LACK OF EFFECT ON AUTHORITY OF GOVERN-
MENTS.—Nothing in this title shall be construed to mod-
ify, enlarge, or diminish any authority of the Federal,
State, or local governments to regulate any use of land
as provide for by law or regulation.
(b) LACK OF ZONING OR LAND USE POWERS OF EN-
TITY.—Nothing in this title shall be construed to grant
powers of zoning or land use to any management entity
for the national heritage area.
(c) FISH AND WILDLIFE.—The designation of the
national heritage area shall not diminish the authority of
the State of Tennessee to manage fish and wildlife, includ-
ing the regulation of fishing and hunting within such area.
SEC. 208. SUNSET.
The Secretary may not make any grant or provide
any assistance under this title after September 30, 2012.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated under this title not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may
407
be appropriated for the national heritage area under this
title.
(b) 50 PERCENT MATCH.—Federal funding provided
under this title, after the designation of the national herit-
age area, may not exceed 50 percent of the total cost of
any assistance or grant provided or authorized under this
title.
TITLE III—AUGUSTA CANAL
NATIONAL HERITAGE AREA
SEC. 301. FINDINGS.
The Congress finds that—
(1) the Augusta Canal National Landmark in
the State of Georgia, listed on the National Historic
Register of Historic Places, and designated by the
Governor of Georgia as one of four regionally impor-
tant resources in the State, is one of the last un-
spoiled areas in the State of Georgia;
(2) the Augusta Canal National Historic Land-
mark possesses excellent water quality, beautiful
rural and historic cultural landscapes, architecturally
significant mill structures and mill villages, and
large acreages of parks and permanent open space;
(3) three national historic districts, the Harris-
burg, Laney Walker, and Greene Street districts,
and two national historic landmarks, Stallings Is-
408
land, located in the Savannah River, and Meadow
Garden, are connected by the Augusta Canal Area;
(4) the beautiful rural landscapes and historic
cultural landscapes, scenic vistas and excellent water
quality of the Augusta Canal contain significant un-
developed recreational opportunities for people
throughout the United States;
(5) the Augusta Canal and related mill sites,
structures, and associated neighborhoods are rep-
resentatives of the development of the cotton textile
industry and associated agriculture and trade in the
South;
(6) the transformation of the agrarian economy
of the area into an early industrial economy was
precipitated by the development and use of the Au-
gusta Canal;
(7) several significant sites associated with the
American Revolution, the Civil War, Native Ameri-
cans, Colonial Americans, African Americans, Chi-
nese Americans, and Irish Americans are located
within the Augusta Canal area;
(8) despite the efforts by the State of Georgia,
political subdivisions of the State, volunteer organi-
zations, and private businesses, the cultural, histori-
cal, natural, and recreational resources of the area
409
have not realized full potential and may be lost with-
out assistance from the Federal Government;
(9) the Secretary of the Interior considers this
landmark to be threatened and has designated it a
priority for protection;
(10) many local, regional, and State agencies,
businesses, and private citizens have expressed an
overwhelming desire to combine forces to work coop-
eratively to preserve and enhance the resources of
the Augusta Canal National Historic Landmark and
better plan for its future; and
(11) the Augusta Canal Authority, a public
body established under the law of the State of Geor-
gia, would be an appropriate management entity for
a National Heritage Area established in the area of
the Augusta Canal.
SEC. 302. PURPOSE.
It is the purpose of this title to provide a cooperative
management framework to assist the State of Georgia, its
units of local government, and area citizens in retaining,
enhancing, and interpreting the significant features of the
lands, water, and structures of the Augusta Canal, in a
manner that is consistent with positive economic impact
and development for the benefit and inspiration of present
410
and future generations in the State of Georgia and the
United States.
SEC. 303. DESIGNATION OF AUGUSTA CANAL NATIONAL
HERITAGE AREA.
(a) DESIGNATION.—There is hereby designated in
the State of Georgia the Augusta Canal National Heritage
Area (referred to in this title as the ‘‘Heritage Area’’).
(b) BOUNDARIES.—
(1) IN GENERAL.—The Heritage Area shall in-
clude the land generally depicted on the map entitled
‘‘The Augusta Canal’’, numbered AUCA–80,000,
and dated August 1994, which shall be on file and
available for public inspection in the Office of the
Director of the National Park Service, Washington,
D.C.
(2) LEGAL
DESCRIPTION.—As soon as prac-
ticable after the date of enactment of this title, the
Secretary of the Interior (referred to in this title as
the ‘‘Secretary’’) shall prepare and place on file with
the map described in paragraph (1) a legal descrip-
tion of the boundaries of the Heritage Area.
SEC. 304. MANAGEMENT.
The Secretary, acting through the Director of the Na-
tional Park Service, shall enter into a cooperative agree-
ment with the Augusta Canal Authority, a public body es-
411
tablished under the law of the State of Georgia, providing
for the management of the Heritage Area by the Augusta
Canal Authority under terms and conditions stated in the
cooperative agreement. The Secretary shall consult with
the Augusta Canal Authority before carrying out any man-
agement authority with respect to the Heritage Area
which is not provided for by the cooperative agreement.
SEC. 305. MANAGEMENT PLAN.
(a) PREPARATION OF PLAN.—Not later than three
years after the date of enactment of this title, the Augusta
Canal Authority shall prepare and submit to the Secretary
for review and approval a plan for the management and
administration of the Heritage Area.
(b) CONTENTS.—The plan shall be based on Federal,
State, and local plans in existence on the date of enact-
ment of this title, including the Augusta Canal Master
Plan. The Augusta Canal Authority shall coordinate and
combine such plans and present an integrated and cooper-
ative approach for the protection, enhancement, and inter-
pretation of the cultural, natural, scenic, and recreational
resources of the Heritage Area.
(c) ASSISTANCE.—The Secretary may provide tech-
nical and financial assistance in the preparation of the
management plan.
(d) APPROVAL.—
412
(1) IN
GENERAL.—Not later than 180 days
after receipt of the plan submitted under subsection
(a), the Secretary shall approve or disapprove the
plan.
(2) CRITERIA.—In determining whether to ap-
prove a plan, the Secretary shall consider—
(A) whether the plan has strong local sup-
port from a diversity of landowners, business
interests, nonprofit organizations, and govern-
ments within the area;
(B) whether the plan is consistent with
and complements continued economic activity in
the area;
(C) whether the plan has a high potential
for effective partnership mechanisms;
(D) whether the plan improperly infringes
on private property rights; and
(E) whether the plan will take appropriate
action to ensure private property rights are ob-
served.
(3) DISAPPROVAL.—
(A) IN
GENERAL.—If the Secretary dis-
approves the proposed management plan, the
Secretary shall notify the Augusta Canal Au-
thority of the disapproval in writing.
413
(B) CONTENTS.—A notification under sub-
paragraph (A) shall include—
(i) the reasons for the disapproval;
and
(ii) recommendations for revision.
(C) REVISED PLAN.—The Augusta Canal
Authority shall revise and resubmit the man-
agement plan to the Secretary for approval. Not
later than 180 days after receipt of the revised
plan, the Secretary shall approve or disapprove
the plan as provided in paragraph (2). The Au-
gusta Canal Authority shall revise and submit
the management plan until the management
plan is approved by the Secretary.
(e) IMPLEMENTATION.—
(1) IN GENERAL.—Upon approval of the man-
agement plan as provided in subsection (d), the Sec-
retary, in conjunction with the Augusta Canal Au-
thority, shall take appropriate steps to implement
the management plan.
(2) COOPERATIVE
AGREEMENTS.—The Sec-
retary is authorized to enter into cooperative agree-
ments with the State of Georgia, political subdivi-
sions of the State, the Augusta Canal Authority, or
414
any organization or individual to implement the
management plan.
(f) ECONOMIC DEVELOPMENT.—It is the sense of
Congress that the Augusta Canal Authority, the State of
Georgia, the City of Augusta, and other political subdivi-
sions of the State of Georgia should encourage, by appro-
priate means, enhanced economic and industrial develop-
ment in the area consistent with the goals of the Augusta
Canal Master Plan.
SEC. 306. GRANTS AND TECHNICAL ASSISTANCE.
The Secretary may provide grants and technical as-
sistance for the purposes of this title.
SEC. 307. ACQUISITION OF REAL PROPERTY.
The Augusta Canal Authority may not use any Fed-
eral funds that it may receive pursuant to this title to ac-
quire real property or an interest in real property.
SEC. 308. OCCUPATIONAL, SAFETY, CONSERVATION, AND
ENVIRONMENTAL REGULATION.
Nothing in this title shall be construed to—
(1) impose any occupational, safety, conserva-
tion, or environmental regulation on the Heritage
Area that is more stringent than the regulations
that would be applicable to the Heritage Area but
for the designation of the Heritage Area under sec-
tion 303; or
415
(2) authorize any Federal agency to promulgate
an occupational, safety, conservation, or environ-
mental regulation for the Heritage Area that is more
stringent than the regulations applicable to the Her-
itage Area in existence on the date of enactment of
this title, solely as a result of the designation of the
Heritage Area under section 303.
SEC. 309. LAND USE REGULATION.
Nothing in this title shall be construed to—
(1) modify, enlarge, or diminish any authority
of Federal, State, and local governments to regulate
any use of land as provided for by law or regulation;
or
(2) grant powers of zoning or land use to the
Augusta Canal Authority.
SEC. 310. SUNSET.
The Secretary may not make any grant or provide
any assistance under this title after September 30, 2012.
SEC. 311. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated under this title not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may
be appropriated for the Heritage Area under this title.
(b) 50 PERCENT MATCH.—Federal funding provided
under this title, after the designation of the Heritage
416
Area, may not exceed 50 percent of the total cost of any
assistance or grant provided or authorized under this title.
TITLE IV—STEEL INDUSTRY
HERITAGE PROJECT
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Steel Industry Amer-
ican Heritage Area Act of 1996’’.
SEC. 402. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that—
(1) the industrial and cultural heritage of
southwestern Pennsylvania, including the city of
Pittsburgh, and the counties of Allegheny, Arm-
strong, Beaver, Fayette, Greene, Washington, and
Westmoreland, related directly to steel and steel-re-
lated industries, is nationally significant;
(2) 
these 
industries 
include 
steelmaking,
ironmaking, aluminum, specialty metals, glass, coal
mining, coke production, machining and foundries,
transportation, and electrical industries;
(3) the industrial and cultural heritage of the
steel and related industries in this region includes
the social history and living cultural traditions of the
people of the region;
(4) the labor movement of the region played a
significant role in the development of the Nation, in-
417
cluding the formation of many key unions such as
the Congress of Industrial Organizations (CIO) and
the United Steel Workers of America (USWA), and
crucial struggles to improve wages and working con-
ditions, such as the Rail Strike of 1877, the Home-
stead Strike of 1892, and the Great Steel Strike of
1919;
(5) the Department of the Interior is respon-
sible for protecting the Nation’s cultural and historic
resources, and there are significant examples of
these resources within this seven-county region to
merit the involvement of the Federal Government to
develop programs and projects, in cooperation with
the Steel Industry Heritage Corporation, the Com-
monwealth of Pennsylvania, and other local and gov-
ernmental bodies, to adequately conserve, protect,
and interpret this heritage for future generations,
while providing opportunities for education and revi-
talization; and
(6) the Steel Industry Heritage Corporation
would be an appropriate management entity for a
Heritage Area established in the region.
(b) STATEMENT OF PURPOSE.—The objectives of the
Steel Industry American Heritage Area are—
418
(1) to foster a close working relationship with
all levels of government, the private sector, and the
local communities in the steel industry region of
southwestern Pennsylvania and empower the com-
munities to conserve their heritage while continuing
to pursue economic opportunities; and
(2) to conserve, interpret, and develop the his-
torical, cultural, natural, and recreational resources
related to the industrial and cultural heritage of the
seven-county region of southwestern Pennsylvania.
SEC. 403. STEEL INDUSTRY AMERICAN HERITAGE AREA.
(a) ESTABLISHMENT.—There is hereby established
the Steel Industry American Heritage Area (in this title
referred to as the ‘‘Heritage Area’’).
(b) BOUNDARIES.—The Heritage Area shall be com-
prised of the counties of Allegheny, Armstrong, Beaver,
Fayette, Greene, Washington, and Westmoreland in Penn-
sylvania.
(c) MANAGEMENT ENTITY.—The management entity
for the Heritage Area shall be the Steel Industry Heritage
Corporation.
SEC. 404. COMPACT.
(a) IN GENERAL.—To carry out the purposes of this
title, the Secretary of the Interior (in this title referred
to as the ‘‘Secretary’’) shall enter into a compact with the
419
management entity. The compact shall include informa-
tion relating to the objectives and management of the
area, including the following:
(1) A delineation of the boundaries of the pro-
posed Heritage Area.
(2) A discussion of the goals and objectives of
the proposed Heritage Area, including an expla-
nation of the proposed approach to conservation and
interpretation and a general outline of the protection
measures committed to by the partners referred to
in paragraph (4).
(3) An identification and description of the
management entity that will administer the proposed
Heritage Area.
(4) A list of the initial partners to be involved
in developing and implementing the management
plan for the proposed Heritage Area, and a state-
ment of the financial commitment of the partners.
(5) A description of the role of the Common-
wealth of Pennsylvania.
(b) ADDITIONAL
REQUIREMENTS.—The compact
shall be prepared with public participation. Actions called
for in the compact shall be likely to be initiated within
a reasonable time after designation of the proposed Herit-
420
age Area and shall ensure effective implementation of the
State and local aspects of the compact.
SEC. 405. MANAGEMENT PLAN.
The management entity shall develop a management
plan for the Heritage Area that presents comprehensive
recommendations for the Heritage Area’s conservation,
funding, management and development. Such plan shall
take into consideration existing State, county, and local
plans and involve residents, public agencies, and private
organizations working in the Heritage Area. It shall in-
clude actions to be undertaken by units of government and
private organizations to protect the resources of the Herit-
age Area. It shall specify the existing and potential
sources of funding to protect, manage, and develop the
Heritage Area. Such plan shall include, as appropriate,
the following:
(1) An inventory of the resources contained in
the Heritage Area, including a list of any property
in the Heritage Area that is related to the themes
of the Heritage Area and that should be preserved,
restored, managed, developed, or maintained because
of its natural, cultural, historic, recreational, or sce-
nic significance.
(2) A recommendation of policies for resource
management which considers and details application
421
of appropriate land and water management tech-
niques, including but not limited to, the development
of intergovernmental cooperative agreements to pro-
tect the Heritage Area’s historical, cultural, rec-
reational, and natural resources in a manner consist-
ent with supporting appropriate and compatible eco-
nomic viability.
(3) A program for implementation of the man-
agement plan by the management entity, including
plans for restoration and construction, and specific
commitments of the identified partners for the first
5 years of operation.
(4) An analysis of ways in which local, State,
and Federal programs may best be coordinated to
promote the purposes of the title.
(5) An interpretation plan for the Heritage
Area.
SEC. 406. AUTHORITIES AND DUTIES OF MANAGEMENT EN-
TITY.
(a) AUTHORITIES OF THE MANAGEMENT ENTITY.—
The management entity may, for purposes of preparing
and implementing the management plan under section
405, use Federal funds made available through this title—
(1) to make loans and grants to, and enter into
cooperative agreements with, States and their politi-
422
cal subdivisions, private organizations, or any per-
son; and
(2) to hire and compensate staff.
(b) DUTIES OF THE MANAGEMENT ENTITY.—The
management entity shall—
(1) develop and submit to the Secretary for ap-
proval a management plan as described in section
405 within 3 years after the date of the enactment
of this title;
(2) give priority to implementing actions set
forth in the compact and the management plan, in-
cluding taking steps to—
(A) assist units of government, regional
planning organizations, and nonprofit organiza-
tions in preserving the Heritage Area;
(B) assist units of government, regional
planning organizations, and nonprofit organiza-
tions in establishing and maintaining interpre-
tive exhibits in the Heritage Area;
(C) assist units of government, regional
planning organizations, and nonprofit organiza-
tions in developing recreational resources in the
Heritage Area;
(D) assist units of government, regional
planning organizations, and nonprofit organiza-
423
tions in increasing public awareness of and ap-
preciation for the natural, historical and archi-
tectural resources and sites in the Heritage
Area;
(E) assist units of government, regional
planning organizations and nonprofit organiza-
tions in the restoration of any historic building
relating to the themes of the Heritage Area;
(F) encourage by appropriate means eco-
nomic viability in the Heritage Area consistent
with the goals of the plan;
(G) encourage local governments to adopt
land use policies consistent with the manage-
ment of the Heritage Area and the goals of the
plan; and
(H) assist units of government, regional
planning organizations and nonprofit organiza-
tions to ensure that clear, consistent, and envi-
ronmentally appropriate signs identifying access
points and sites of interest are put in place
throughout the Heritage Area;
(3) consider the interests of diverse govern-
mental, business, and nonprofit groups within the
Heritage Area;
424
(4) conduct public meetings at least quarterly
regarding the implementation of the management
plan;
(5) submit substantial changes (including any
increase of more than 20 percent in the cost esti-
mates for implementation) to the management plan
to the Secretary for the Secretary’s approval;
(6) for any year in which Federal funds have
been received under this title, submit an annual re-
port to the Secretary setting forth its accomplish-
ments, its expenses and income, and the entity to
which any loans and grants were made during the
year for which the report is made; and
(7) for any year in which Federal funds have
been received under this title, make available for
audit all records pertaining to the expenditure of
such funds and any matching funds, and require, for
all agreements authorizing expenditure of Federal
funds by other organizations, that the receiving or-
ganizations make available for audit all records per-
taining to the expenditure of such funds.
If a management plan is not submitted to the Secretary
as required under paragraph (1) within the specified time,
the Heritage Area shall no longer qualify for Federal
funding.
425
(c) PROHIBITION ON THE ACQUISITION OF REAL
PROPERTY.—The management entity may not use Fed-
eral funds received under this title to acquire real property
or an interest in real property. Nothing in this title shall
preclude any management entity from using Federal funds
from other sources for their permitted purposes.
SEC. 407. DUTIES AND AUTHORITIES OF FEDERAL AGEN-
CIES.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—The Secretary may, upon re-
quest of the management entity, provide technical
and financial assistance to the Heritage Area to de-
velop and implement the management plan. In as-
sisting the Heritage Area, the Secretary shall give
priority to actions that in general assist in—
(A) conserving the significant natural, his-
toric, and cultural resources which support its
themes; and
(B) providing educational, interpretive, and
recreational opportunities consistent with its re-
sources and associated values.
(2) SPENDING
FOR
NON-FEDERALLY
OWNED
PROPERTY.—The Secretary may spend Federal
funds directly on non-federally owned property to
further the purposes of this title, especially in assist-
426
ing units of government in appropriate treatment of
districts, sites, buildings, structures, and objects list-
ed or eligible for listing on the National Register of
Historic Places. The Historic American Building
Survey/Historic American Engineering Record shall
conduct those studies necessary to document the in-
dustrial, engineering, building, and architectural his-
tory of the region.
(b) APPROVAL AND DISAPPROVAL OF COMPACTS AND
MANAGEMENT PLANS.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Governor of Pennsylvania shall approve
or disapprove a compact or management plan sub-
mitted under this title not later than 90 days after
receiving such compact or management plan.
(2) ACTION FOLLOWING DISAPPROVAL.—If the
Secretary disapproves a submitted compact or man-
agement plan, the Secretary shall advise the man-
agement entity in writing of the reasons therefor
and shall make recommendations for revisions in the
compact or plan. The Secretary shall approve or dis-
approve a proposed revision within 90 days after the
date it is submitted.
(c) APPROVING AMENDMENTS.—The Secretary shall
review substantial amendments to the management plan
427
for the Heritage Area. Funds appropriated pursuant to
this title may not be expended to implement the changes
made by such amendments until the Secretary approves
the amendments.
SEC. 408. SUNSET.
The Secretary may not make any grant or provide
any assistance under this title after September 30, 2012.
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated under this title not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may
be appropriated for the Heritage Area under this title.
(b) 50 PERCENT MATCH.—Federal funding provided
under this title, after the designation of this Heritage
Area, may not exceed 50 percent of the total cost of any
assistance or grant provided or authorized under this title.
TITLE V—ESSEX NATIONAL
HERITAGE AREA
SEC. 501. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that—
(1) Essex County, Massachusetts, was host to
a series of historic events that influenced the course
of the early settlement of the United States; its
emergence as a maritime power; and its subsequent
industrial development;
428
(2) the North Shore of Essex County and the
Merrimack River valley in Essex County contain ex-
amples of significant early American architecture
and significant Federal-period architecture, many
sites and buildings associated with the establishment
of the maritime trade in the United States, the site
of the witchcraft trials of 1692, the birthplace of
successful iron manufacture, and the establishment
of the textile and leather industries in and around
the cities of Peabody, Beverly, Lynn, Lawrence, and
Haverhill;
(3) Salem, Massachusetts, has a rich heritage
as one of the earliest landing sites of the English
colonists, the first major world harbor for the Unit-
ed States, and an early thriving hub of American in-
dustries;
(4) the Saugus Iron Works National Historic
Site is the site of the first sustained, integrated iron
works in Colonial America, and the technology em-
ployed at the Iron Works was dispersed throughout
the Colonies and was critical to the development of
industry and technology in America;
(5) the Salem Maritime National Historic Site
contains nationally significant resources that explain
the manner in which the Nation was settled, its evo-
429
lution into a maritime power, and its development as
a major industrial force;
(6) the story told at the Salem Maritime and
Saugus Iron Works National Historic Sites would be
greatly enhanced through the interpretation of sig-
nificant theme-related resources in Salem and
Saugus and throughout Essex County;
(7) partnerships between the private and public
sectors have been created and additional partner-
ships will be encouraged to preserve the rich cultural
heritage of the region, which will stimulate cultural
awareness, preservation, and economic development
through tourism;
(8) a visitors’ center that has already been con-
structed at the Salem Maritime National Historic
Site in Salem, Massachusetts, will be available to in-
terpret the themes of the Essex National Heritage
Area established by this title and to coordinate the
interpretive and preservation activities of the Area;
and
(9) the resident and business communities of
the region have formed the Essex Heritage Ad Hoc
Commission for the preservation, interpretation, pro-
motion, and development of the historic, cultural,
and natural resources of the region and are invest-
430
ing significant private funds and energy to develop
a plan to preserve the nationally significant re-
sources of Essex County.
(b) PURPOSE.—It is the purpose of this title—
(1) to establish the Essex National Heritage
Area to recognize, preserve, promote, interpret, and
make available for the benefit of the public the his-
toric, cultural, and natural resources of the North
Shore and lower Merrimack River valley in Essex
County, Massachusetts, which encompass the three
primary themes of the Salem Maritime National
Historic Site and Saugus Iron Works National His-
toric Site (the histories of early settlement, maritime
trade, and the textile and leather industries);
(2) to implement the appropriate alternative as
described in the document entitled ‘‘The Salem
Project: A Study of Alternatives’’, dated January
1990, within the boundaries of Essex County; and
(3) to provide a management framework to as-
sist the Commonwealth of Massachusetts and its
units of local government in the development and
implementation of an integrated cultural, historical,
and land resource management program in order to
retain, enhance, and interpret the significant values
431
of the lands, waters, and structures located in the
Essex National Heritage Area.
SEC. 502. DEFINITIONS.
For purposes of this title:
(1) The terms ‘‘Area’’ and ‘‘National Heritage
Area’’ mean the Essex National Heritage Area es-
tablished by section 503.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 503. DESIGNATION OF NATIONAL HERITAGE AREA.
(a) DESIGNATION.—For the purpose of preserving
and interpreting, for the educational and inspirational
benefit of present and future generations, the unique and
significant contributions to our national heritage of cer-
tain historic and cultural lands, natural waterways, and
structures within the County of Essex in the Common-
wealth of Massachusetts, there is hereby established the
Essex National Heritage Area.
(b) BOUNDARIES.—The Area shall comprise the
lands generally depicted on the map numbered NAR–51–
80,000 and dated August 1994. The map shall be on file
and available for public inspection in the office of the Di-
rector of the National Park Service.
(c) ADMINISTRATION.—The Area shall be adminis-
tered in accordance with the provisions of this title.
432
SEC. 504. MANAGEMENT ENTITY.
(a) IN GENERAL.—The management entity for the
National Heritage Area shall be an entity which is selected
by the Essex Heritage Ad Hoc Commission or its designee,
reflects a broad cross-section of interests within the Area,
and includes—
(1) at least 1 representative of one or more
units of government in each State in which the Na-
tional Heritage Area is located; and
(2) private property owners who reside within
the National Heritage Area.
(b) DUTIES.—The management entity for the Area
shall fulfill each of the following requirements:
(1) HERITAGE PLAN.—Not later than 3 years
after the date of the designation of the Area as a
National Heritage Area, the management entity
shall develop and forward to the Secretary, and to
the Governor of Massachusetts, a heritage plan for
the Area.
(2) PRIORITIES.—The management entity shall
give priority to the implementation of action, goals,
and policies set forth in the compact and heritage
plan for the Area, including assisting units of gov-
ernment and others in—
(A) carrying out programs which recognize
important resource values within the Area;
433
(B) encouraging economic viability in the
affected communities;
(C) establishing and maintaining interpre-
tive exhibits in the Area;
(D) developing recreational and edu-
cational opportunities in the Area;
(E) increasing public awareness of and ap-
preciation for the natural, historical, and cul-
tural resources of the Area;
(F) restoring historic buildings that are lo-
cated within the boundaries of the Area and re-
late to the theme of the Area; and
(G) ensuring that clear, consistent, and ap-
propriate signs identifying public access points
and sites of interest are put in place throughout
the Area.
(3) CONSIDERATION OF INTERESTS OF LOCAL
GROUPS.—The management entity shall, in develop-
ing and implementing the heritage plan for the Area,
consider the interests of diverse units of government,
businesses, private property owners, and nonprofit
groups within the geographic area.
(4) PUBLIC MEETINGS.—The management en-
tity shall conduct public meetings at least annually
regarding the implementation of the heritage plan
434
for the Area. The management entity shall place a
notice of each such meeting in a newspaper of gen-
eral circulation in the Area and shall make the min-
utes of the meeting available to the public.
SEC. 505. DUTIES OF THE SECRETARY.
(a) IN GENERAL.—To carry out the purpose of this
title, the Secretary shall assist the management entity in
preparing such studies and plans as the Secretary consid-
ers appropriate and in implementing the recommendations
contained in a study report prepared by the management
entity. The Secretary is authorized to enter into agree-
ments with the Commission or with any owner of property
with national historic or cultural significance within the
Area for the purpose of facilitating public use and enjoy-
ment of such resources or to otherwise further the objec-
tives of the management entity. Any such agreement shall
provide whenever appropriate that—
(1) the public may have access to such re-
sources at specified, reasonable times for the pur-
pose of viewing the property or exhibits or attending
programs or other activities, as may be appropriate;
(2) the Secretary may make improvements to
such resources as the management entity or the Sec-
retary deem necessary to enhance the public use and
enjoyment of the resources, or to render such prop-
435
erty usable by the Secretary, the management entity,
or any person for the purpose of this title; and
(3) the Secretary may occupy, utilize, and ac-
quire easements or leasehold interests in resources
as required to implement the programs and purpose
of this title.
(b) TECHNICAL ASSISTANCE
AND GRANTS.—The
Secretary may provide, upon request, technical assistance
and grants to the management entity to assist the man-
agement entity in the performance of its powers and func-
tions as authorized under this title. The Secretary may
provide to any owner of property within the Area, to the
Commonwealth of Massachusetts, to the City of Salem
and other participating municipalities, to any other Fed-
eral or State entity, to any institution, or to any person
such technical assistance and grants as the Secretary con-
siders appropriate to carry out the purpose of this title.
SEC. 506. PRIVATE PROPERTY.
No privately owned property shall be included within
the boundaries of the Area unless the government of the
county, city, or town in which the property is located
agrees to be so included and submits notification of such
agreement to the Secretary.
436
SEC. 507. SUNSET.
The Secretary may not make any grant or provide
any assistance under this title after September 30, 2012.
SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated under this title not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may
be appropriated for the Area under this title.
(b) 50 PERCENT MATCH.—Federal funding provided
under this title, after the designation of the Area, may
not exceed 50 percent of the total cost of any assistance
or grant provided or authorized under this title.
TITLE VI—SOUTH CAROLINA NA-
TIONAL HERITAGE CORRIDOR
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘South Carolina Na-
tional Heritage Corridor Act of 1996’’.
SEC. 602. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) the South Carolina National Heritage Cor-
ridor, more than 250 miles in length, possesses a
wide diversity of significant rare plants, animals,
and ecosystems, agricultural and timber lands, shell-
fish harvesting areas, historic sites and structures,
and cultural and multicultural landscapes related to
the past and current commerce, transportation, mar-
437
itime, textile, agricultural, mining, cattle, pottery,
and national defense industries of the region, which
provide significant ecological, natural, tourism, rec-
reational, timber management, educational, and eco-
nomic benefits;
(2) there is a national interest in protecting,
conserving, restoring, promoting, and interpreting
the benefits of the Corridor for the residents of, and
visitors to, the Corridor area;
(3) a primary responsibility for conserving, pre-
serving, protecting, and promoting the benefits re-
sides with the State of South Carolina and the units
of local government having jurisdiction over the Cor-
ridor area; and
(4) in view of the longstanding Federal practice
of assisting States in creating, protecting, conserv-
ing, preserving, and interpreting areas of significant
natural and cultural importance, and in view of the
national significance of the Corridor, the Federal
Government has an interest in assisting the State of
South Carolina, the units of local government of the
State, and the private sector in fulfilling the respon-
sibilities described in paragraph (3).
(b) PURPOSES.—The purposes of this title are—
438
(1) to protect, preserve, conserve, restore, pro-
mote, and interpret the significant land and water
resource values and functions of the Corridor;
(2) to encourage and support, through financial
and technical assistance, the State of South Caro-
lina, the units of local government of the State, and
the private sector in the development of a heritage
plan for the Corridor to ensure coordinated public
and private action in the Corridor area in a manner
consistent with subsection (a);
(3) to provide, during the development of an in-
tegrated heritage plan, Federal financial and tech-
nical assistance for the protection, preservation, and
conservation of land and water areas in the Corridor
that are in danger of being adversely affected or de-
stroyed;
(4) to encourage and assist the State of South
Carolina and the units of local government of the
State to identify the full range of public and private
technical and financial assistance programs and
services available to implement the heritage plan;
(5) to encourage adequate coordination of all
government programs affecting the land and water
resources of the Corridor; and
439
(6) to develop a management framework with
the State of South Carolina and the units of local
government of the State for—
(A) planning and implementing the herit-
age plan; and
(B) developing policies and programs that
will preserve, conserve, protect, restore, en-
hance, and interpret the cultural, historical,
natural, economic, recreational, and scenic re-
sources of the Corridor.
SEC. 603. DEFINITIONS.
For purposes of this title—
(1) CORRIDOR.—The term ‘‘Corridor’’ means
the South Carolina National Heritage Corridor es-
tablished by section 604.
(2) GOVERNOR.—The term ‘‘Governor’’ means
the Governor of the State of South Carolina.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 604. SOUTH CAROLINA NATIONAL HERITAGE COR-
RIDOR.
(a) ESTABLISHMENT.—There is established in the
State of South Carolina the South Carolina National Her-
itage Corridor.
(b) BOUNDARIES.—
440
(1) IN GENERAL.—The boundaries of the Cor-
ridor are generally the boundaries of the western
counties of the State of South Carolina, extending
from the western Piedmont along the Savannah Val-
ley to Augusta, Georgia, along the route of the old
Southern Railroad, along the Ashley River to
Charleston.
(2) INCLUDED COUNTIES.—The Corridor shall
consist of the following counties of South Carolina,
in part or in whole, as the heritage plan may specify
on the recommendations of the units of local govern-
ment with the Corridor area:
(A) Oconee.
(B) Pickens.
(C) Anderson.
(D) Abbeville.
(E) Greenwood.
(F) McCormick.
(G) Edgefield.
(H) Aiken.
(I) Barnwell.
(J) Orangeburg.
(K) Bamberg.
(L) Dorchester.
(M) Colleton.
441
(N) Charleston.
(3) DETAIL.—The boundaries shall be specified
in detail in the heritage plan.
SEC. 605. MANAGEMENT ENTITY.
(a) IN GENERAL.—The management entity for the
National Heritage Corridor shall be an entity selected by
the Governor of the State of South Carolina which reflects
a broad cross-section of interests within the Corridor and
which includes—
(1) at least 1 representative of one or more
units of government in South Carolina; and
(2) private property owners who reside within
the National Heritage Corridor.
(b) DUTIES.—The management entity for the Na-
tional Heritage Corridor shall fulfill each of the following
requirements:
(1) HERITAGE PLAN.—Not later than 3 years
after the date of the designation of the area as a
National Heritage Corridor, the management entity
shall develop and forward to the Secretary, and to
the Governor of South Carolina, a heritage plan.
(2) PRIORITIES.—The management entity shall
give priority to the implementation of actions, goals,
and policies set forth in the compact and heritage
442
plan for the Corridor, including assisting units of
government and others in—
(A) carrying out programs which recognize
important resource values within the National
Heritage Corridor;
(B) encouraging economic viability in the
affected communities;
(C) establishing and maintaining interpre-
tive exhibits in the Corridor;
(D) developing recreational and edu-
cational opportunities in the Corridor;
(E) increasing public awareness of and ap-
preciation for the natural, historical, and cul-
tural resources of the Corridor;
(F) restoring historic buildings that are lo-
cated within the boundaries of the Corridor and
relate to the theme of the Corridor; and
(G) ensuring that clear, consistent, and ap-
propriate signs identifying public access points
and sites of interest are put in place throughout
the Corridor.
(3) CONSIDERATION OF INTERESTS OF LOCAL
GROUPS.—The management entity shall, in develop-
ing and implementing the heritage plan for the Cor-
ridor, consider the interest of diverse units of gov-
443
ernment, businesses, private property owners, and
nonprofit groups within the geographic area.
(4) PUBLIC MEETINGS.—The management en-
tity shall conduct public meetings at least annually
regarding the implementation of the heritage plan
for the Corridor. The management entity shall place
a notice of each such meeting in a newspaper of gen-
eral circulation in the Corridor and shall make the
minutes of the meeting available to the public.
SEC. 606. DUTIES OF THE SECRETARY.
(a) ASSISTANCE.—On request of the management en-
tity, and subject to the availability of funds appropriated
specifically for the purpose, or made available on a reim-
bursable basis, the Secretary shall provide administrative,
technical, financial, development, and operations assist-
ance for the purposes of this title. The assistance may in-
clude—
(1) general administrative support in planning,
finance, personnel, procurement, property manage-
ment, environmental and historical compliance, and
land acquisition;
(2) personnel;
(3) office space and equipment;
444
(4) planning and design services for visitor use
facilities, trails, interpretive exhibits, publications,
signs, and natural resource management;
(5) development and construction assistance, in-
cluding visitor use facilities, trails, river use and ac-
cess facilities, scenic byways, signs, waysides, and re-
habilitation of historic structures; and
(6) operations functions, including interpreta-
tion and visitor services, maintenance, and natural
resource management services conducted within the
boundaries of the Corridor.
(b) LOANS, GRANTS, AND COOPERATIVE AGREE-
MENTS.—For the purposes of assisting in the development
and implementation of the heritage plan, the Secretary
may, in consultation with the management entity, make
loans and grants to, and enter into cooperative agreements
with, the State of South Carolina (or a political subdivi-
sion of the State), private nonprofit organizations, cor-
porations, or other persons.
(c) APPROVAL OF HERITAGE PLAN.—
(1) IN
GENERAL.—Not later than 180 days
after receipt of the plan submitted under section
605(b), the Secretary shall approve or disapprove
the plan.
445
(2) CRITERIA.—In determining whether to ap-
prove a plan under this title, the Secretary shall con-
sider—
(A) whether the plan has strong local sup-
port from a diversity of landowners, business
interests, nonprofit organizations, and govern-
ments within the area;
(B) whether the plan is consistent with
and complements continued economic activity in
the area;
(C) whether the plan has a high potential
for effective partnership mechanisms;
(D) whether the plan improperly infringes
on private property rights; and
(E) whether the plan will take appropriate
action to ensure private property rights are ob-
served.
(3) DISAPPROVAL.—
(A) IN
GENERAL.—If the Secretary dis-
approves the proposed heritage plan, the Sec-
retary shall notify the management entity.
(B) CONTENTS.—A notification under sub-
paragraph (A) shall include—
(i) the reasons for the disapproval;
and
446
(ii) recommendations for revision.
(C) REVISED PLAN.—The management en-
tity shall revise and resubmit the heritage plan
to the Secretary for approval. Not later than
180 days after receipt of the revised plan, the
Secretary shall approve or disapprove the plan
as provided in paragraph (2). The management
entity shall revise and submit the heritage plan
until the heritage plan is approved by the Sec-
retary.
SEC. 607. SUNSET.
The Secretary may not make any grant or provide
any assistance under this title after September 30, 2012.
SEC. 608. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated under this title not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may
be appropriated for the Corridor under this title.
(b) 50 PERCENT MATCH.—Federal funding provided
under this title, after the designation of this Corridor, may
not exceed 50 percent of the total cost of any assistance
or grant provided or authorized under this title.
447
TITLE VII—AMERICA’S AGRICUL-
TURAL HERITAGE PARTNER-
SHIP
SEC. 701. FINDINGS AND PURPOSES.
(a) The Congress finds that—
(1) the city of Waterloo, Iowa, and northeast
Iowa posses many important elements of the nation-
ally significant story of American agriculture, includ-
ing Native American agriculture, agricultural mecha-
nization, seed hybridization, farm cooperative move-
ments, rural electrification, farm-to-market systems,
rural to urban migration, veterinary practice, food
processing and preservation, national farm organiza-
tions, international hunger relief, and the develop-
ment of national and international agribusiness;
(2) these resources offer outstanding and
unique opportunities to acknowledge and appreciate
the development of American agriculture;
(3) the National Park Service has determined
that the story of American agriculture is nationally
significant, that northeast Iowa is an ideal place to
tell that story, and that this story could be divided
into 4 principal topics for interpretation in northeast
Iowa: the Amazing Science of Agriculture, Agri-
448
culture as a Way of Life, Organizing for Survival,
and Crops from Field to Table;
(4) the responsibility for interpreting, retaining,
enhancing, and promoting the resources, values, and
amenities of Waterloo, Iowa, and northeast Iowa re-
sides with volunteer associations, private businesses,
political subdivisions of the State, and the State of
Iowa; and
(5) despite the efforts by volunteer associations,
private businesses, political subdivisions of the State,
and the State of Iowa, the cultural and historical re-
sources of the area have not realized full potential
and may be lost without some assistance from the
Federal Government.
(b) PURPOSES.—The purposes of this title are—
(1) to interpret, retain, enhance, and promote
the unique and significant contributions to national
and international agriculture of certain natural, his-
toric, and cultural resources within Waterloo, Iowa,
and northeast Iowa;
(2) to provide a partnership management
framework to assist volunteer associations, private
businesses, political subdivisions of the State, and
the State of Iowa in developing and implementing
Management Plan policies and programs that will
449
assist in the interpretation, retention, enhancement,
and promotion of the cultural, natural, and rec-
reational resources of northeast Iowa;
(3) to allow for local, State, and Federal con-
tributions through limited grants and technical as-
sistance to create America’s Agricultural Heritage
Partnership through cooperative agreements among
volunteer associations, private businesses, political
subdivisions of the State, the State of Iowa, and
residents of the area; and
(4) to provide for an economically self-sustain-
ing Partnership for the educational and inspirational
benefit of current and future generations concerning
the story of American agriculture.
SEC. 702. DEFINITIONS.
As used in this title:
(1) PARTNERSHIP.—The term ‘‘Partnership’’
means the America’s Agricultural Heritage Partner-
ship as established by section 703(a).
(2) MANAGEMENT ENTITY.—The term ‘‘man-
agement entity’’ means the management entity as
established by section 704(a).
(3) POLITICAL SUBDIVISION.—The term ‘‘politi-
cal subdivision’’ means a political subdivision of the
State of Iowa, any part of which is located in or ad-
450
jacent to the area in which the Partnership’s activi-
ties occur, including a county, city, or town.
(4) STATE.—The term ‘‘State’’ means the State
of Iowa.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(6) PARTNERSHIP
MANAGEMENT
PLAN.—The
term ‘‘Partnership Management Plan’’ means the
plan approved pursuant to section 705(a).
(7) ACTIVITIES.—The term ‘‘activities’’ means
the activities referred to in section 703(b).
SEC. 703. ESTABLISHMENT OF THE AMERICA’S AGRICUL-
TURAL HERITAGE PARTNERSHIP.
(a) ESTABLISHMENT.—To carry out this title, there
is established in the State of Iowa the ‘‘America’s Agricul-
tural Heritage Partnership’’ (in this title referred to as
the ‘‘Partnership’’), upon publication by the Secretary in
the Federal Register of notice that a Partnership Manage-
ment Plan has been approved by the Secretary under this
title.
(b) ACTIVITIES.—The Partnership’s activities shall
be limited to the counties of northeast Iowa that are gen-
erally depicted in ‘‘Alternatives #2 and #3’’ described in
the 1995 National Park Service ‘‘Special Resource Study,
Cedar Valley, Iowa.’’.
451
(c) PARTICIPATION.—Nothing in this title shall re-
quire any resident located in the area in which the Part-
nership’s activities occur to participate in or be associated
with the Partnership or the Partnership’s activities.
(d) AFFILIATIONS.—Nothing in this title shall pro-
hibit future affiliations or designations of the Partnership
or Partnership Management Entity.
(e) GRANTS, TECHNICAL ASSISTANCE, AND COOPER-
ATIVE AGREEMENTS.—
(1) GRANTS
AND
TECHNICAL
ASSISTANCE.—
The Secretary may make grants and provide tech-
nical assistance to America’s Agricultural Heritage
Partnership to assist it in carrying out its purposes.
(2) COOPERATIVE
AGREEMENTS.—The Sec-
retary is authorized to enter into cooperative agree-
ments with private entities, the State of Iowa, any
political subdivision thereof, and other Federal enti-
ties, to further the purposes of this title, the Part-
nership, or the Partnership Management Entity.
SEC. 704. ESTABLISHMENT OF THE AMERICA’S AGRICUL-
TURAL HERITAGE PARTNERSHIP MANAGE-
MENT ENTITY.
(a) ESTABLISHMENT.—There is established a man-
agement entity for the Partnership based on the ‘‘Manage-
ment Option #5’’ outlined in the 1995 National Park Serv-
452
ice ‘‘Special Resource Study, Cedar Valley, Iowa’’ and
subject to the approval of the Secretary.
(b) PARTNERSHIP MANAGEMENT PLAN.—The Part-
nership management entity shall be established in accord-
ance with the Partnership Management Plan referred to
in section 705(a).
(c) COMPOSITION.—The members of the management
entity may include persons affiliated with the following en-
tities: the American Association of Museums, American
Farm Bureau, American Farmland Trust, Effigy Mounds
National Monument and Herbert Hoover National His-
toric Site, Iowa Department of Agriculture and Land
Stewardship, Iowa Department of Corrections, Iowa De-
partment of Cultural Affairs, Iowa Department of Eco-
nomic Development, National Trust for Historic Preserva-
tion, the Smithsonian Institution, the State Historic Pres-
ervation Office of the State of Iowa, the United States
Department of Agriculture, the United States Department
of Transportation, and the America’s Agricultural/Indus-
trial Heritage Landscape, Inc.
SEC. 705. PARTNERSHIP MANAGEMENT PLAN.
(a) PREPARATION OF PARTNERSHIP MANAGEMENT
PLAN.—A Partnership Management Plan shall be submit-
ted to the Secretary for approval no later than three years
after the date of the enactment of this title.
453
(b) ASSISTANCE.—The Secretary may provide tech-
nical assistance in the preparation of the Partnership
Management Plan.
SEC. 706. LAND USE REGULATION AND PRIVATE PROPERTY
PROTECTION.
(a) REGULATION.—Nothing in this title shall be con-
strued to modify, enlarge, or diminish any authority of
Federal, State, and local governments to regulate any use
of privately owned land provided by law or regulation.
(b) LAND USE.—Nothing in this title shall be con-
strued to grant the powers of zoning, land use, or con-
demnation to the Partnership Management Entity, the
Secretary or any other Federal, State, or local government
entity.
SEC. 707. SUNSET.
The Secretary may not make any grant or provide
any assistance under this title after September 30, 2012.
SEC. 708. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated under this title not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may
be appropriated for the Partnership under this title.
(b) 50 PERCENT MATCH.—Federal funding provided
under this title, after the designation of this Partnership,
454
may not exceed 50 percent of the total cost of any assist-
ance or grant provided or authorized under this title.
TITLE VIII—OHIO & ERIE CANAL
NATIONAL 
HERITAGE 
COR-
RIDOR
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Ohio & Erie Canal
National Heritage Corridor Act of 1996’’.
SEC. 802. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds the following:
(1) The Ohio & Erie Canal, which opened for
commercial navigation in 1832, was the first inland
waterway to connect the Great Lakes at Lake Erie
with the Gulf of Mexico via the Ohio and Mississippi
Rivers and a part of a canal network in Ohio that
was one of America’s most extensive and successful
systems during a period in history when canals were
essential to the Nation’s growth.
(2) The Ohio & Erie Canal spurred economic
growth in the State of Ohio that took the State from
near bankruptcy to the third most economically
prosperous State in the Union in just 20 years.
(3) A 4-mile section of the Ohio & Erie Canal
was designated a National Historic Landmark in
1966 and other portions of the Ohio & Erie Canal
455
and many associated structures were placed on the
National Register of Historic Places.
(4) In 1974, 19 miles of the Ohio & Erie Canal
were declared nationally significant under National
Park Service new area criteria with the designation
of Cuyahoga Valley National Recreation Area.
(5) The National Park Service found the Ohio
& Erie Canal nationally significant in a 1975 study
entitled ‘‘Suitability/Feasibility Study, Proposed
Ohio & Erie Canal’’.
(6) A 1993 Special Resources Study of the
Ohio & Erie Canal Corridor conducted by the Na-
tional Park Service entitled ‘‘A Route to Prosperity’’
has concluded that the corridor is eligible as a Na-
tional Heritage Corridor.
(7) Local governments, the State of Ohio, and
private sector interests have embraced the heritage
corridor concept and desire to enter into partnership
with the Federal Government to preserve, protect,
and develop the corridor for public benefit.
(b) PURPOSES.—The purposes of this title are—
(1) to 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
456
lands, waterways, and structures within the 87-mile
Ohio & Erie Canal Corridor between Cleveland and
Zoar;
(2) to encourage within the corridor a broad
range of economic opportunities enhancing the qual-
ity of life for present and future generations;
(3) to provide a management framework to as-
sist the State of Ohio, its political subdivisions, and
nonprofit organizations, or combinations thereof, in
preparing and implementing an integrated Corridor
Management Plan and in developing policies and
programs that will preserve, enhance, and interpret
the cultural, historical, natural, recreation, and sce-
nic resources of the corridor; and
(4) to authorize the Secretary to provide finan-
cial and technical assistance to the State of Ohio, its
political subdivisions, and nonprofit organizations, or
combinations thereof, in preparing and implementing
a Corridor Management Plan.
SEC. 803. DEFINITIONS.
For the purposes of this title:
(1) The term ‘‘corridor’’ means the Ohio & Erie
Canal National Heritage Corridor established by sec-
tion 804.
457
(2) The term ‘‘Committee’’ means the Ohio &
Erie Canal National Heritage Area Committee es-
tablished by section 805.
(3) The term ‘‘Corridor Management Plan’’
means the management plan developed under section
808.
(4) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) The term ‘‘technical assistance’’ means any
guidance, advice, help, or aid, other than financial
assistance, provided by the Secretary of the Interior.
(6) The term ‘‘financial assistance’’ means
funds appropriated by Congress and made available
to the management entity for the purposes of pre-
paring and implementing a Corridor Management
Plan.
(7) The term ‘‘management entity’’ means the
entity recognized by the Secretary pursuant to sec-
tion 807(a) to receive, distribute, and account for
Federal funds appropriated for the purposes of this
title.
458
SEC. 804. OHIO & ERIE CANAL NATIONAL HERITAGE COR-
RIDOR.
(a) ESTABLISHMENT.—There is established in the
State of Ohio the Ohio & Erie Canal National Heritage
Corridor.
(b) BOUNDARIES.—
(1) IN GENERAL.—The boundaries of the cor-
ridor shall be composed of the lands that are gen-
erally the route of the Ohio & Erie Canal from
Cleveland to Zoar, Ohio, as depicted in the 1993
National Park Service Special Resources Study, ‘‘A
Route to Prosperity’’, subject to paragraph (2). The
specific boundaries shall be those specified in the
management plan submitted under section 808. The
Secretary shall prepare a map of the corridor which
shall be on file and available for public inspection in
the office of the Director of the National Park Serv-
ice.
(2) CONSENT OF LOCAL GOVERNMENTS.—No
privately owned property shall be included within the
boundaries of the corridor unless the municipality in
which the property is located agrees to be so in-
cluded and submits notification of such agreement to
the Secretary.
(c) ADMINISTRATION.—The corridor shall be admin-
istered in accordance with the provisions of this title.
459
SEC. 805. THE OHIO & ERIE CANAL NATIONAL HERITAGE
CORRIDOR COMMITTEE.
(a) ESTABLISHMENT.—There is hereby established a
Committee to be known as the ‘‘Ohio & Erie Canal Na-
tional Heritage Corridor Committee’’, whose purpose shall
be to assist Federal, State, and local authorities and the
private sector in the preparation and implementation of
an integrated Corridor Management Plan.
(b) MEMBERSHIP.—The Committee shall be com-
prised of 21 members, as follows:
(1) Four individuals, appointed by the Sec-
retary after consideration of recommendations sub-
mitted by the Greater Cleveland Growth Association,
the Akron Regional Development Board, the Stark
Development Board, and the Tuscarawas County
Chamber of Commerce, who shall include one rep-
resentative of business and industry from each of
Ohio counties of Cuyahoga, Summit, Stark, and
Tuscarawas.
(2) One individuals, appointed by the Secretary
after consideration of recommendations submitted by
the Director of the Ohio Department of Travel and
Tourism, who is a director of a convention and tour-
ism bureau within the corridor.
(3) One individual, appointed by the Secretary
after consideration of recommendations submitted by
460
the Ohio Historic Preservation Officer, with knowl-
edge and experience in the field of historic preserva-
tion.
(4) One individual, appointed by the Secretary
after consideration of recommendations submitted by
the Director of the National Park Service, with
knowledge and experience in the field of historic
preservation.
(5) Three individuals appointed by the Sec-
retary after consideration of recommendations sub-
mitted by the county or metropolitan park boards in
the Ohio counties of Cuyahoga, Summit, and Stark.
(6) Eight individuals appointed by the Sec-
retary after consideration of recommendations sub-
mitted by the county commissioners or county chief
executive of the Ohio counties of Cuyahoga, Summit,
Stark and Tuscarawas, including—
(A) from each county, one representative
of the planning offices of the county; and
(B) from each county, one representative
of a municipality in the county.
(7) Two individuals appointed by the Secretary
after consideration of recommendations submitted by
the Governor of Ohio, who shall be representatives
of the Directors of the Ohio Department of Natural
461
Resources and the Ohio Department of Transpor-
tation.
(8) The Superintendent of the Cuyahoga Valley
National Recreation Area, ex officio.
(c) APPOINTMENTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), members of the Committee shall be ap-
pointed for terms of three years and may be re-
appointed.
(2) INITIAL
APPOINTMENTS.—The Secretary
shall appoint the initial members of the Committee
within 30 days after the date on which the Secretary
has received all recommendations pursuant to sub-
section (b). Of the members first appointed—
(A) the members appointed pursuant to
subsection (b)(6)(B) shall be appointed to a
term of two years and may not be reappointed
to a consecutive term; and
(B) the member appointed pursuant to
subsection (b)(2) shall be appointed to a term
of two years and may not be reappointed to a
consecutive term.
(d) CHAIR AND VICE CHAIR.—The chair and vice
chair of the Committee shall be elected by the members
462
of the Committee. The terms of the chair and vice chair
shall be two years.
(e) VACANCY.—A vacancy in the Committee shall be
filled in the manner in which the original appointment was
made. Any member appointed to fill a vacancy occurring
before the expiration of the term for which their prede-
cessor was appointed shall be appointed only for the re-
mainder of such term. Any member of the Committee ap-
pointed for a definite term may serve after the expiration
of their term until their successor has taken office.
(f) COMPENSATION
AND EXPENSES.—Members of
the Committee shall serve without compensation for their
service on the Committee.
(g) QUORUM.—Eleven members of the Committee
shall constitute a quorum.
(h) MEETINGS.—The Committee shall meet at least
quarterly at the call of the chairperson or 11 of its mem-
bers. Meetings of the Committee shall be subject to section
552b of title 5, United States Code (relating to open meet-
ings).
(i) NOT TREATED AS ADVISORY COMMITTEE.—The
Committee shall not be treated as an Advisory Committee
for purposes of the Federal Advisory Committee Act (5
U.S.C. App.).
463
SEC. 806. POWERS AND DUTIES OF THE NATIONAL HERIT-
AGE CORRIDOR COMMITTEE.
(a) HEARINGS.—The Committee may, for the pur-
pose of carrying out this title, hold such hearings, sit and
act at such times and places, take such testimony, and
receive such evidence, as the Committee considers appro-
priate. The Committee may not issue subpoenas or exer-
cise any subpoena authority.
(b) BYLAWS.—The Committee may make such by-
laws and rules, consistent with this title, as it considers
necessary to carry out its functions under this title.
(c) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Committee, if so authorized by the
Committee, may take any action which the Committee is
authorized to take by this title.
(d) CORRIDOR MANAGEMENT PLAN.—Upon submis-
sion of a draft Corridor Management Plan to the Commit-
tee from the management entity, the Committee shall,
within 60 days, review such plan for consistency with the
purposes of this title and endorse the plan or return it
to the management entity for revision. Upon endorsement
of the Corridor Management Plan, the Committee shall
submit such plan to the Secretary for approval pursuant
to section 808.
(e) REVIEW OF BUDGET.—The Committee shall re-
view on an annual basis the proposed expenditures of Fed-
464
eral funds by the management entity for consistency with
the purpose of this title and the Corridor Management
Plan.
SEC. 807. MANAGEMENT ENTITY.
(a) ENTITY.—Upon petition, the Secretary is author-
ized to recognize the Ohio & Erie Canal Association as
the management entity for the Heritage Corridor.
(b) ELIGIBILITY.—To be eligible for designation as
the management entity of the corridor, an entity must pos-
sess the legal ability to—
(1) receive Federal funds for use in preparing
and implementing the management plan for the cor-
ridor;
(2) disburse Federal funds to other units of
government or other organizations for use in prepar-
ing and implementing the management plan for the
corridor;
(3) account for all Federal funds received or
disbursed; and
(4) sign agreements with the Federal Govern-
ment.
(c) FEDERAL FUNDING.—
(1) AUTHORIZATION TO RECEIVE.—The man-
agement entity is authorized to receive appropriated
Federal funds.
465
(2) DISQUALIFICATION.—If a management plan
for the corridor is not submitted to the Secretary as
required under section 808 within the time specified
herein, the management entity shall cease to be eli-
gible for Federal funding under this title until such
a plan regarding the corridor is submitted to the
Secretary.
(d) AUTHORITIES OF MANAGEMENT ENTITY.—The
management entity of the corridor may, for purposes of
preparing and implementing the management plan for the
corridor, use Federal funds made available under this
title—
(1) to make grants and loans to the State of
Ohio, its political subdivisions, nonprofit organiza-
tions, and other persons;
(2) to enter into cooperative agreements with,
or provide technical assistance to, Federal agencies,
the State of Ohio, its political subdivision, nonprofit
organizations, and other persons;
(3) to hire and compensate staff;
(4) to obtain money from any source under any
program or law requiring the recipient of such
money to make a contribution in order to receive
such money; and
(5) to contract for goods and services.
466
(e) PROHIBITION OF ACQUISITION OF REAL PROP-
ERTY.—The management entity for the corridor may not
use Federal funds received under this title to acquire real
property or any interest in real property.
SEC. 808. DUTIES OF THE MANAGEMENT ENTITY.
(a) CORRIDOR MANAGEMENT PLAN.—
(1) SUBMISSION
FOR
REVIEW
BY
COMMIT-
TEE.—Within 3 years after the date on which the
Secretary has recognized the management entity for
the corridor, the management entity shall develop
and submit for review to the Committee a manage-
ment plan for the corridor.
(2) PLAN
REQUIREMENTS.—A management
plan submitted under this title shall present com-
prehensive recommendations for the conservation,
funding, management, and development of the cor-
ridor. The plan shall be prepared with public partici-
pation. The plan shall take into consideration exist-
ing Federal, State, county, and local plans and in-
volve residents, public agencies, and private organi-
zations in the corridor. The plan shall include a de-
scription of actions that units of government and
private organizations are recommended to take to
protect the resources of the corridor. The plan shall
specify existing and potential sources of funding for
467
the conservation, management, and development of
the corridor. The plan also shall include the follow-
ing, as appropriate:
(A) An inventory of the resources con-
tained in the corridor, including a list of prop-
erty in the corridor that should be conserved,
restored, managed, developed, or maintained be-
cause of the natural, cultural, or historic sig-
nificance of the property as it relates to the
themes of the corridor.
(B) A recommendation of policies for re-
source management that consider and detail the
application of appropriate land and water man-
agement techniques, including (but not limited
to) the development of intergovernmental coop-
erative agreements to manage the historical,
cultural, and natural resources and recreational
opportunities of the corridor in a manner con-
sistent with the support of appropriate and
compatible economic viability.
(C) A program, including plans for res-
toration and construction, for implementation
of the management plan by the management
entity and specific commitments, for the first
468
six years of operation of the plan by the part-
ners identified in said plan.
(D) An analysis of means by which Fed-
eral, State, and local programs may best be co-
ordinated to promote the purposes of this title.
(E) An interpretive plan for the corridor.
(3) APPROVAL AND DISAPPROVAL OF THE COR-
RIDOR MANAGEMENT PLAN.—
(A) IN GENERAL.—Upon submission of the
Corridor Management Plan from the Commit-
tee. the Secretary shall approve or disapprove
said plan not later than 60 days after receipt
of the plan. If the Secretary has taken no ac-
tion after 60 days upon receipt, the plan shall
be considered approved.
(B) DISAPPROVAL AND REVISIONS.—If the
Secretary disapproves the Corridor Manage-
ment Plan, the Secretary shall advise the Com-
mittee, in writing, of the reasons for the dis-
approval and shall make recommendations for
revision of the plan. The Secretary shall ap-
prove or disapprove proposed revisions to the
plan not later than 60 days after receipt of
such revision. If the Secretary has taken no ac-
469
tion for 60 days after receipt, the plan shall be
considered approved.
(b) PRIORITIES.—The management entity shall give
priority to the implementation of actions, goals, and poli-
cies set forth in the management plan for the corridor,
including—
(1) assisting units of government, regional plan-
ning organizations, and nonprofit organizations—
(A) in conserving the corridor;
(B) in establishing and maintaining inter-
pretive exhibits in the corridor;
(C) in developing recreational opportunities
in the corridor;
(D) in increasing public awareness of and
appreciation for the natural, historical, and cul-
tural resources of the corridor;
(E) in the restoration of historic buildings
that are located within the boundaries of the
corridor and relate to the themes of the cor-
ridor; and
(F) in ensuring that clear, consistent, and
environmentally appropriate signs identifying
access points and sites of interest are put in
place throughout the corridor; and
470
(2) consistent with the goals of the manage-
ment plan, encouraging economic viability in the af-
fected communities by appropriate means.
(c) CONSIDERATION
OF
INTERESTS
OF
LOCAL
GROUPS.—The management entity shall, in preparing and
implementing the management plan for the corridor, con-
sider the interest of diverse units of government, busi-
nesses, private property owners, and nonprofit groups
within the geographic area.
(d) PUBLIC MEETINGS.—The management entity
shall conduct public meetings at least quarterly regarding
the implementation of the Corridor Management Plan.
(e) ANNUAL REPORTS.—The management entity
shall, for any fiscal year in which it receives Federal funds
under this title or in which a loan made by the entity with
Federal funds under section 807(d)(1) is outstanding,
submit an annual report to the Secretary setting forth its
accomplishments, its expenses and income, and the enti-
ties to which it made any loans and grants during the year
for which the report is made.
(f) COOPERATION WITH AUDITS.—The management
entity shall, for any fiscal year in which its receives Fed-
eral funds under this title or in which a loan made by
the entity with Federal funds under section 807(d)(1) is
outstanding, make available for audit by the Congress, the
471
Secretary, and appropriate units of government all records
and other information pertaining to the expenditure of
such funds and any matching funds, and require, for all
agreements authorizing expenditure of Federal funds by
other organizations, that the receiving organizations make
available for such audit all records and other information
pertaining to the expenditure of such funds.
SEC. 809. DUTIES AND AUTHORITIES OF FEDERAL AGEN-
CIES.
(a) TECHNICAL ASSISTANCE AND GRANTS.—
(1) IN GENERAL.—The Secretary may provide
technical assistance and grants to units of govern-
ment, nonprofit organizations, and other persons,
upon request of the management entity of the cor-
ridor, and to the management entity, regarding the
management plan and its implementation.
(2) 
PROHIBITION
OF
CERTAIN
REQUIRE-
MENTS.—The Secretary may not, as a condition of
the award of technical assistance or grants under
this section, require any recipient of such technical
assistance or grant to enact or modify land use re-
strictions.
(3) 
DETERMINATIONS
REGARDING
ASSIST-
ANCE.—The Secretary shall decide if the corridor
shall be awarded technical assistance or grants and
472
the amount of that assistance. Such decisions shall
be based on the relative degree to which the corridor
effectively fulfills the objectives contained in the Cor-
ridor Management Plan and achieves the purposes
of this title. Such decisions shall give consideration
to projects which provide a greater leverage of Fed-
eral funds.
(b) PROVISION
OF INFORMATION.—In cooperation
with other Federal agencies, the Secretary shall provide
the general public with information regarding the location
and character of the corridor.
(c) OTHER ASSISTANCE.—Upon request, the Super-
intendent of Cuyahoga Valley National Recreation Area
may provide to public and private organizations within the
corridor (including the management entity for the cor-
ridor) such operational assistance as appropriate to sup-
port the implementation of the Corridor Management
Plan, subject to the availability of appropriated funds. The
Secretary is authorized to enter into cooperative agree-
ments with public and private organizations for the pur-
poses of implementing this subsection.
(d) DUTIES OF OTHER FEDERAL AGENCIES.—Any
Federal entity conducting any activity directly affecting
the corridor shall consider the potential effect of the activ-
ity on the Corridor Management Plan and shall consult
473
with the management entity of the corridor with respect
to the activity to minimize the adverse effects of the activ-
ity on the corridor.
SEC. 810. LACK OF EFFECT ON LAND USE REGULATION
AND PRIVATE PROPERTY.
(a) LACK OF EFFECT ON AUTHORITY OF GOVERN-
MENTS.—Nothing in this title shall be construed to mod-
ify, enlarge, or diminish any authority of Federal, State,
or local governments to regulate any use of land as pro-
vided for by law or regulation.
(b) LACK OF ZONING OR LAND USE POWERS.—
Nothing in this title shall be construed to grant powers
of zoning or land use control to the Committee or manage-
ment entity of the corridor.
(c) LOCAL AUTHORITY
AND PRIVATE PROPERTY
NOT AFFECTED.—Nothing in this title shall be construed
to affect or to authorize the Committee to interfere with—
(1) the rights of any person with respect to pri-
vate property; or
(2) any local zoning ordinance or land use plan
of the State of Ohio or a political subdivision there-
of.
SEC. 811. SUNSET.
The Secretary may not make any grant or provide
any assistance under this title after September 30, 2012.
474
SEC. 812. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated under this title not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may
be appropriated for the corridor under this title.
(b) 50 PERCENT MATCH.—Federal funding provided
under this title, after the designation of this corridor, may
not exceed 50 percent of the total cost of any assistance
or grant provided or authorized under this title.
TITLE IX—HUDSON RIVER VAL-
LEY 
NATIONAL 
HERITAGE
AREA
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Hudson River Valley
National Heritage Area Act of 1996’’.
SEC. 902. FINDINGS.
The Congress finds the following:
(1) The Hudson River Valley between Yonkers,
New York, and Troy, New York, possesses impor-
tant historical, cultural, and natural resources, rep-
resenting themes of settlement and migration, trans-
portation, and commerce.
(2) The Hudson River Valley played an impor-
tant role in the military history of the American
Revolution.
475
(3) The Hudson River Valley gave birth to im-
portant movements in American art and architecture
through the work of Andrew Jackson Downing, Al-
exander Jackson Davis, Thomas Cole, and their as-
sociates, and played a central role in the recognition
of the esthetic value of the landscape and the devel-
opment of an American esthetic ideal.
(4) The Hudson River Valley played an impor-
tant role in the development of the iron, textile, and
collar and cuff industries in the 19th century, exem-
plified in surviving structures such as the Harmony
Mills complex at Cohoes, and in the development of
early men’s and women’s labor and cooperative orga-
nizations, and is the home of the first women’s labor
union and the first women’s secondary school.
(5) The Hudson River Valley, in its cities and
towns and in its rural landscapes—
(A) displays exceptional surviving physical
resources illustrating these themes and the so-
cial, industrial, and cultural history of the 19th
and early 20th centuries; and
(B) includes many National Historic Sites
and Landmarks.
(6) The Hudson River Valley is the home of
traditions associated with Dutch and Huguenot set-
476
tlements dating to the 17th and 18th centuries, was
the locus of characteristic American stories such as
‘‘Rip Van Winkle’’ and the ‘‘Legend of Sleepy Hol-
low’’, and retains physical, social, and cultural evi-
dence of these traditions and the traditions of other
more recent ethnic and social groups.
(7) New York State has established a structure
for the Hudson River Valley communities to join to-
gether to preserve, conserve, and manage these re-
sources, and to link them through trails and other
means, in the Hudson River Greenway Communities
Council and the Greenway Conservancy.
SEC. 903. PURPOSES.
The purposes of this title are the following:
(1) To recognize the importance of the history
and the resources of the Hudson River Valley to the
Nation.
(2) To assist the State of New York and the
communities of the Hudson River Valley in preserv-
ing, protecting, and interpreting these resources for
the benefit of the Nation.
(3) To authorize Federal financial and technical
assistance to serve these purposes.
477
SEC. 904. HUDSON RIVER VALLEY NATIONAL HERITAGE
AREA.
(a) ESTABLISHMENT.—There is hereby established a
Hudson River Valley National Heritage Area (in this title
referred to as the ‘‘Heritage Area’’).
(b) BOUNDARIES.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in paragraph (2), the Heritage Area shall be
comprised of the counties of Albany, Rensselaer, Co-
lumbia, Greene, Ulster, Dutchess, Orange, Putnam,
Westchester, and Rockland, New York, and the Vil-
lage of Waterford in Saratoga County, New York.
(2) AREAS
EXCLUDED.—The Heritage Area
shall not include any of the following:
(A) The counties of Greene and Columbia.
(B) Those portions of the counties of
Rensselaer and Dutchess located entirely within
the 22d Congressional District of New York (as
such district exists on the date of the enact-
ment of this Act).
(c) MANAGEMENT ENTITIES.—The management en-
tities for the Heritage Area shall be the Hudson River Val-
ley Greenway Communities Council and the Greenway
Conservancy (agencies established by the State of New
York in its Hudson River Greenway Act of 1991, in this
title referred to as the ‘‘management entities’’). The man-
478
agement entities shall jointly establish a Heritage Area
Committee to manage the Heritage Area.
SEC. 905. COMPACT.
To carry out the purposes of this title, the Secretary
of the Interior (in this title referred to as the ‘‘Secretary’’)
shall enter into a compact with the management entities.
The compact shall include information relating to the ob-
jectives and management of the area, including the follow-
ing:
(1) A discussion of the goals and objectives of
the Heritage Area, including an explanation of a
proposed approach to conservation and interpreta-
tion, and a general outline of the protection meas-
ures committed to by the parties to the compact.
(2) A description of the respective roles of the
management entities.
(3) A list of the initial partners to be involved
in developing and implementing a management plan
for the Heritage Area, and a statement of the finan-
cial commitment of such partners.
(4) A description of the role of the State of
New York.
SEC. 906. MANAGEMENT PLAN.
The management entities shall develop a manage-
ment plan for the Heritage Area that presents comprehen-
479
sive recommendations for the Heritage Area’s conserva-
tion, funding, management and development. Such plan
shall take into consideration existing State, county, and
local plans and involve residents, public agencies, and pri-
vate organizations working in the Heritage Area. It shall
include actions to be undertaken by units of government
and private organizations to protect the resources of the
Heritage Area. It shall specify the existing and potential
sources of funding to protect, manage, and develop the
Heritage Area. Such plan shall include specifically as ap-
propriate the following:
(1) An inventory of the resources contained in
the Heritage Area, including a list of any property
in the Heritage Area that is related to the themes
of the Heritage Area and that should be preserved,
restored, managed, developed, or maintained because
of its natural, cultural, historic, recreational, or sce-
nic significance.
(2) A recommendation of policies of resource
management which consider and detail application of
appropriate land and water management techniques,
including but not limited to, the development of
intergovernmental cooperative agreements to protect
the Heritage Area’s historical, cultural, recreational,
and natural resources in a manner consistent with
480
supporting appropriate and compatible economic via-
bility.
(3) A program for implementation of the man-
agement plan by the management entities, including
plans for restoration and construction, and specific
commitments of the identified partners for the first
5 years of operation.
(4) An analysis of ways in which local, State,
and Federal programs may best be coordinated to
promote the purposes of this title.
(5) An interpretation plan for the Heritage
Area.
SEC. 907. AUTHORITIES AND DUTIES OF MANAGEMENT EN-
TITIES.
(a) AUTHORITIES
OF
THE MANAGEMENT ENTI-
TIES.—The management entities may, for purposes of pre-
paring and implementing the management plan under sec-
tion 906, use Federal funds made available through this
title—
(1) to make loans and grants to, and enter into
cooperative agreements with, States and their politi-
cal subdivisions, private organizations, or any per-
son; and
(2) to hire and compensate staff.
481
(b) DUTIES OF THE MANAGEMENT ENTITIES.—The
management entities shall—
(1) develop and submit to the Secretary for ap-
proval a management plan as described in section
906 within 5 years after the date of the enactment
of this title.
(2) give priority to implementing actions as set
forth in the compact and the management plan, in-
cluding taking steps to—
(A) assist units of government, regional
planning organizations, and nonprofit organiza-
tions in preserving the Heritage Area;
(B) assist units of government, regional
planning organizations, and nonprofit organiza-
tions in establishing, and maintaining interpre-
tive exhibits in the Heritage Area;
(C) assist units of government, regional
planning organizations, and nonprofit organiza-
tions in developing recreational resources in the
Heritage Area;
(D) assist units of government, regional
planning organizations, and nonprofit organiza-
tions in increasing public awareness of an ap-
preciation for the natural, historical and archi-
482
tectural resources and sites in the Heritage
Area;
(E) assist units of government, regional
planning organizations and nonprofit organiza-
tions in the restoration of any historic building
relating to the themes of the Heritage Area;
(F) encourage by appropriate means eco-
nomic viability in the corridor consistent with
the goals of the plan;
(G) encourage local governments to adopt
land use policies consistent with the manage-
ment of the Heritage Area and the goals of the
plan; and
(H) assist units of government, regional
planning organizations and nonprofit organiza-
tions to ensure that clear, consistent, and envi-
ronmentally appropriate signs identifying access
points and sites of interest are put in place
throughout the Heritage Area;
(3) consider the interests of diverse govern-
mental, business, and nonprofit groups within the
Heritage Area;
(4) conduct public meetings at least quarterly
regarding the implementation of the management
plan;
483
(5) submit substantial changes (including any
increase of more than 20 percent in the cost esti-
mates for implementation) to the management plan
to the Secretary for the Secretary’s approval;
(6) for any year in which Federal funds have
been received under this title, submit an annual re-
port to the Secretary setting forth its accomplish-
ments, its expenses and income, and the entities to
which any loans and grants were made during the
year for which the report is made; and
(7) for any year in which Federal funds have
been received under this title, make available for
audit all records pertaining to the expenditure of
such funds and any matching funds, and require, for
all agreements authorizing expenditure of Federal
funds by other organizations, that the receiving or-
ganizations make available for audit all records per-
taining to the expenditure of such funds.
If a management plan is not submitted to the Secretary
as required under paragraph (1) within the specified time,
the Heritage Area shall no longer qualify for Federal
funding.
(c) PROHIBITION ON THE ACQUISITION OF REAL
PROPERTY.— The management entities may not use Fed-
eral funds received under this title to acquire real property
484
or an interest in real property. Nothing in this title shall
preclude any management entity from using Federal funds
from other sources for their permitted purposes.
(d) ELIGIBILITY FOR RECEIVING FINANCIAL ASSIST-
ANCE.—
(1) ELIGIBILITY.—The management entities
shall be eligible to receive funds appropriated
through this title for a period of 10 years after the
day on which the compact under section 905 is
signed by the Secretary and the management enti-
ties, except as provided in paragraph (2).
(2) EXCEPTION.—The management entities’ eli-
gibility for funding under this title may be extended
for a period of not more than 5 additional years if—
(A) the management entities determine
such extension is necessary in order to carry
out the purposes of this title and notify the Sec-
retary not later than 180 days prior to the ter-
mination date;
(B) the management entities, not later
than 180 days prior to the termination date,
present to the Secretary a plan of their activi-
ties for the period of the extension, including
provisions for becoming independent of the
funds made available through this title; and
485
(C) the Secretary, with the advice of the
Governor of New York, approves such extension
of funding.
SEC. 908. DUTIES AND AUTHORITIES OF FEDERAL AGEN-
CIES.
(a) DUTIES
AND
AUTHORITIES
OF
THE
SEC-
RETARY.—
(1) TECHNICAL AND FINANCIAL ASSISTANCE.—
(A) IN
GENERAL.—The Secretary may,
upon request of the management entities, pro-
vide technical and financial assistance to the
Heritage Area to develop and implement the
management plan. In assisting the Heritage
Area, the Secretary shall give priority to actions
that in general assist in—
(i) conserving the significant natural
historic, and cultural resources which sup-
port its themes; and
(ii) providing educational, interpretive,
and recreational opportunities consistent
with its resources and associated values.
(B) 
SPENDING
FOR
NON-FEDERALLY
OWNED PROPERTY.—The Secretary may spend
Federal funds directly on nonfederally owned
property to further the purposes of this title,
486
especially in assisting units of government in
appropriate treatment of districts, sites, build-
ings, structures, and objects listed or eligible
for listing on the National Register of Historic
Places.
(2) APPROVAL AND DISAPPROVAL OF COMPACTS
AND MANAGEMENT PLANS.—
(A) IN GENERAL.—The Secretary, in con-
sultation with the Governor of New York, shall
approve or disapprove a compact or manage-
ment plan submitted under this title not later
than 90 days after receiving such compact or
management plan.
(B) ACTION FOLLOWING DISAPPROVAL.—
If the Secretary disapproves a submitted com-
pact or management plan, the Secretary shall
advise the management entities in writing of
the reasons therefor and shall make rec-
ommendations for revisions in the compact or
plan. The Secretary shall approve or disapprove
a proposed revision within 90 days after the
date it is submitted.
(3) APPROVING AMENDMENTS.—The Secretary
shall review substantial amendments to the manage-
ment plan for the Heritage Area. Funds appro-
487
priated pursuant to this title may not be expended
to implement the changes until the Secretary ap-
proves the amendments.
(4) PROMULGATING REGULATIONS.—The Sec-
retary shall promulgate such regulations as are nec-
essary to carry out the purposes of this title.
(b) DUTIES OF FEDERAL ENTITIES.—Any Federal
entity conducting or supporting activities directly affecting
the Heritage Area, and any unit of government acting pur-
suant to a grant of Federal funds or a Federal permit
or agreement conducting or supporting such activities,
shall to the maximum extent practicable—
(1) consult with the Secretary and the manage-
ment entities with respect to such activities;
(2) cooperate with the Secretary and the man-
agement entities in carrying out their duties under
this title and coordinate such activities with the car-
rying out of such duties; and
(3) conduct or support such activities in a man-
ner consistent with the management plan unless the
Federal entity, after consultation with the manage-
ment entities, determines there is no practicable al-
ternative.
488
SEC. 909. AUTHORIZATION OF APPROPRIATIONS.
(a) COMPACTS AND MANAGEMENT PLAN.—There is
authorized to be appropriated to the Secretary, for grants
for developing a compact under section 905 and providing
assistance for a management plan under section 906, not
more than $300,000, to remain available until expended,
subject to the following conditions:
(1) No grant for a compact or management
plan may exceed 75 percent of the grantee’s cost for
such study or plan.
(2) The total amount of Federal funding for the
compact for the Heritage Area may not exceed
$150,000.
(3) The total amount of Federal funding for a
management plan for the Heritage Area may not ex-
ceed $150,000.
(b) MANAGEMENT ENTITY OPERATIONS.—There is
authorized to be appropriated to the Secretary for the
management entities, amounts as follows:
(1) For the operating costs of each manage-
ment entity, pursuant to section 907, not more than
$250,000 annually.
(2) For technical assistance pursuant to section
908, not more than $50,000 annually.
489
The Federal contribution to the operations of the manage-
ment entities shall not exceed 50 percent of the annual
operating costs of the entities.
(c) IMPLEMENTATION.—There is authorized to be ap-
propriated to the Secretary, for grants (and the adminis-
tration thereof) for the implementation of the manage-
ment plans for the Heritage Area pursuant to section 908,
not more than $10,000,000, to remain available until ex-
pended, subject to the following conditions:
(1) No grant for implementation may exceed 50
percent of the grantee’s cost of implementation.
(2) Any payment made shall be subject to an
agreement that conversion, use, or disposal of the
project so assisted for purposes contrary to the pur-
poses of this title, as determined by the Secretary,
shall result in a right of the United States of reim-
bursement of all funds made available to such
project or the proportion of the increased value of
the project attributable to such funds as determined
at the time of such conversion, use, or disposal,
whichever is greater.
490
SEC. 910. SUNSET.
The Secretary may not make any grant or provide
any assistance under this title after September 30, 2012.
Passed the House of Representatives September 28,
1996.
Attest:
Clerk.