SEC. 103. DEFINITIONS.
In this title:
(1) HERITAGE
AREA.—The term ‘‘Heritage
Area’’ means the Upper Housatonic Valley National
Heritage Area, established in section 104.
(2) MANAGEMENT ENTITY.—The term ‘‘Man-
agement Entity’’ means the management entity for
the Heritage Area designated by section 104(d).
(3) MANAGEMENT PLAN.—The term ‘‘Manage-
ment Plan’’ means the management plan for the
Heritage Area specified in section 106.
(4) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Boundary Map Upper Housatonic Valley Na-
tional Heritage Area’’, numbered P17/80,000, and
dated February 2003.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(6) STATE.—The term ‘‘State’’ means the State
of Connecticut and the Commonwealth of Massachu-
setts.
SEC. 104. UPPER HOUSATONIC VALLEY NATIONAL HERIT-
AGE AREA.
(a) ESTABLISHMENT.—There is established the
Upper Housatonic Valley National Heritage Area.
(b) BOUNDARIES.—The Heritage Area shall be com-
prised of—
(1) part of the Housatonic River’s watershed,
which extends 60 miles from Lanesboro, Massachu-
setts to Kent, Connecticut;
(2) the towns of Canaan, Colebrook, Cornwall,
Kent, Norfolk, North Canaan, Salisbury, Sharon,
and Warren in Connecticut; and
(3) the towns of Alford, Becket, Dalton,
Egremont, Great Barrington, Hancock, Hinsdale,
Lanesboro, Lee, Lenox, Monterey, Mount Wash-
ington, New Marlboro, Pittsfield, Richmond, Shef-
field, Stockbridge, Tyringham, Washington, and
West Stockbridge in Massachusetts.
(c) AVAILABILITY OF MAP.—The map shall be on file
and available for public inspection in the appropriate of-
fices of the National Park Service, Department of the In-
terior.
(d) MANAGEMENT ENTITY.—The Upper Housatonic
Valley National Heritage Area, Inc. shall be the manage-
ment entity for the Heritage Area.
SEC. 105. AUTHORITIES, PROHIBITIONS, AND DUTIES OF
THE MANAGEMENT ENTITY.
(a) DUTIES OF THE MANAGEMENT ENTITY.—To fur-
ther the purposes of the Heritage Area, the management
entity shall—
(1) prepare and submit a management plan for
the Heritage Area to the Secretary in accordance
with section 106;
(2) assist units of local government, regional
planning organizations, and nonprofit organizations
in implementing the approved management plan
by—
(A) carrying out programs and projects
that recognize, protect and enhance important
resource values within the Heritage Area;
(B) establishing and maintaining interpre-
tive exhibits and programs within the Heritage
Area;
(C) developing recreational and educational
opportunities in the Heritage Area;
(D) increasing public awareness of and ap-
preciation for natural, historical, scenic, and
cultural resources of the Heritage Area;
(E) protecting and restoring historic sites
and buildings in the Heritage Area that are
consistent with heritage area themes;
(F) ensuring that signs identifying points
of public access and sites of interest are posted
throughout the Heritage Area; and
(G) promoting a wide range of partner-
ships among governments, organizations and in-
dividuals to further the purposes of the Herit-
age Area;
(3) consider the interests of diverse units of
government, businesses, organizations and individ-
uals in the Heritage Area in the preparation and im-
plementation of the management plan;
(4) conduct meetings open to the public at least
semi-annually regarding the development and imple-
mentation of the management plan;
(5) submit an annual report to the Secretary
for any fiscal year in which the management entity
receives Federal funds under this title, setting forth
its accomplishments, expenses, and income, includ-
ing grants to any other entities during the year for
which the report is made;
(6) make available for audit for any fiscal year
in which it receives Federal funds under this title,
all information pertaining to the expenditure of such
funds and any matching funds, and require in all
agreements authorizing expenditures of Federal
funds by other organizations, that the receiving or-
ganizations make available for such audit all records
and other information pertaining to the expenditure
of such funds; and
(7) encourage by appropriate means economic
development that is consistent with the purposes of
the Heritage Area.
(b) AUTHORITIES.—The management entity may, for
the purposes of preparing and implementing the manage-
ment plan for the Heritage Area, use Federal funds made
available through this title to—
(1) make grants to the State of Connecticut
and the Commonwealth of Massachusetts, their po-
litical subdivisions, nonprofit organizations and other
persons;
(2) enter into cooperative agreements with or
provide technical assistance to the State of Con-
necticut and the Commonwealth of Massachusetts,
their subdivisions, nonprofit organizations, and other
interested parties;
(3) hire and compensate staff, which shall in-
clude individuals with expertise in natural, cultural,
and historical resources protection, and heritage pro-
gramming;
(4) obtain money or services from any source
including any that are provided under any other
Federal law or program;
(5) contract for goods or services; and
(6) undertake to be a catalyst for any other ac-
tivity that furthers the purposes of the Heritage
Area and is consistent with the approved manage-
ment plan.
(c) PROHIBITIONS ON THE ACQUISITION OF REAL
PROPERTY.—The management entity may not use Fed-
eral funds received under this title to acquire real prop-
erty, but may use any other source of funding, including
other Federal funding outside this authority, intended for
the acquisition of real property.
SEC. 106. MANAGEMENT PLAN.
(a) IN GENERAL.—The management plan for the
Heritage Area shall—
(1) include comprehensive policies, strategies
and recommendations for conservation, funding,
management and development of the Heritage Area;
(2) take into consideration existing State, coun-
ty, and local plans in the development of the man-
agement plan and its implementation;
(3) include a description of actions that govern-
ments, private organizations, and individuals have
agreed to take to protect the natural, historical and
cultural resources of the Heritage Area;
(4) specify the existing and potential sources of
funding to protect, manage, and develop the Herit-
age Area in the first 5 years of implementation;
(5) include an inventory of the natural, histor-
ical, cultural, educational, scenic, and recreational
resources of the Heritage Area related to the themes
of the Heritage Area that should be preserved, re-
stored, managed, developed, or maintained;
(6) describe a program of implementation for
the management plan including plans for resource
protection, restoration, construction, and specific
commitments for implementation that have been
made by the management entity or any government,
organization, or individual for the first 5 years of
implementation; and
(7) include an interpretive plan for the Heritage
Area.
(b) DEADLINE AND TERMINATION OF FUNDING.—
(1) DEADLINE.—The management entity shall
submit the management plan to the Secretary for
approval within 3 years after funds are made avail-
able for this title.
(2) TERMINATION OF FUNDING.—If the man-
agement plan is not submitted to the Secretary in
accordance with this subsection, the management en-
tity shall not qualify for Federal funding under this
title until such time as the management plan is sub-
mitted to the Secretary.
SEC. 107. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—The
Secretary may, upon the request of the management enti-
ty, provide technical assistance on a reimbursable or non-
reimbursable basis and financial assistance to the Herit-
age Area to develop and implement the approved manage-
ment plan. The Secretary is authorized to enter into coop-
erative agreements with the management entity and other
public or private entities for this purpose. In assisting the
Heritage Area, the Secretary shall give priority to actions
that in general assist in—
(1) conserving the significant natural, histor-
ical, cultural, and scenic resources of the Heritage
Area; and
(2) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes
of the Heritage Area.
(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT
PLAN.—
(1) IN GENERAL.—The Secretary shall approve
or disapprove the management plan not later than
90 days after receiving the management plan.
(2) CRITERIA FOR APPROVAL.—In determining
the approval of the management plan, the Secretary
shall consider whether—
(A) the management entity is representa-
tive of the diverse interests of the Heritage
Area, including governments, natural and his-
toric resource protection organizations, edu-
cational 
institutions, 
businesses, 
and 
rec-
reational organizations;
(B) the management entity has afforded
adequate opportunity, including public hearings,
for public and governmental involvement in the
preparation of the management plan;
(C) the resource protection and interpreta-
tion strategies contained in the management
plan, if implemented, would adequately protect
the natural, historical, and cultural resources of
the Heritage Area; and
(D) the management plan is supported by
the appropriate State and local officials whose
cooperation is needed to ensure the effective im-
plementation of the State and local aspects of
the management plan.
(3) ACTION FOLLOWING DISAPPROVAL.—If the
Secretary disapproves the management plan, the
Secretary shall advise the management entity in
writing of the reasons therefore and shall make rec-
ommendations for revisions to the management plan.
The Secretary shall approve or disapprove a pro-
posed revision within 60 days after the date it is
submitted.
(4) APPROVAL OF AMENDMENTS.—Substantial
amendments to the management plan shall be re-
viewed by the Secretary and approved in the same
manner as provided for the original management
plan. The management entity shall not use Federal
funds authorized by this title to implement any
amendments until the Secretary has approved the
amendments.
SEC. 108. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activi-
ties directly affecting the Heritage Area shall—
(1) consult with the Secretary and the manage-
ment entity with respect to such activities;
(2) cooperate with the Secretary and the man-
agement entity in carrying out their duties under
this title and, to the maximum extent practicable,
coordinate such activities with the carrying out of
such duties; and
(3) to the maximum extent practicable, conduct
or support such activities in a manner which the
management entity determines will not have an ad-
verse effect on the Heritage Area.
SEC. 109. REQUIREMENTS FOR INCLUSION OF PRIVATE
PROPERTY.
(a) NOTIFICATION
AND CONSENT
OF PROPERTY
OWNERS REQUIRED.—No privately owned property shall
be preserved, conserved, or promoted by the management
plan for the Heritage Area until the owner of that private
property has been notified in writing by the management
entity and has given written consent for such preservation,
conservation, or promotion to the management entity.
(b) LANDOWNER WITHDRAW.—Any owner of private
property included within the boundary of the Heritage
Area shall have their property immediately removed from
the boundary by submitting a written request to the man-
agement entity.
SEC. 110. PRIVATE PROPERTY PROTECTION.
(a) ACCESS
TO PRIVATE PROPERTY.—Nothing in
this title shall be construed to—
(1) require any private property owner to allow
public access (including Federal, State, or local gov-
ernment access) to such private property; or
(2) modify any provision of Federal, State, or
local law with regard to public access to or use of
private property.
(b) LIABILITY.—Designation of the Heritage Area
shall not be considered to create any liability, or to have
any effect on any liability under any other law, of any pri-
vate property owner with respect to any persons injured
on such private property.
(c) RECOGNITION OF AUTHORITY TO CONTROL LAND
USE.—Nothing in this title shall be construed to modify
the authority of Federal, State, or local governments to
regulate land use.
(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS
IN HERITAGE AREA.—Nothing in this title shall be con-
strued to require the owner of any private property located
within the boundaries of the Heritage Area to participate
in or be associated with the Heritage Area.
(e) EFFECT OF ESTABLISHMENT.—The boundaries
designated for the Heritage Area represent the area within
which Federal funds appropriated for the purpose of this
title may be expended. The establishment of the Heritage
Area and its boundaries shall not be construed to provide
any nonexisting regulatory authority on land use within
the Heritage Area or its viewshed by the Secretary, the
National Park Service, or the management entity.
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated for the purposes of this title not more than
$1,000,000 for any fiscal year. Not more than a total of
$10,000,000 may be appropriated for the Heritage Area
under this title.
(b) MATCHING FUNDS.—Federal funding provided
under this title may not exceed 50 percent of the total
cost of any assistance or grant provided or authorized
under this title.
SEC. 112. SUNSET.
The authority of the Secretary to provide assistance
under this title shall terminate on the day occurring 15
years after the date of the enactment of this title.
TITLE II—ILLINOIS AND MICHI-
GAN CANAL NATIONAL HERIT-
AGE CORRIDOR ACT AMEND-
MENTS
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Illinois and Michigan
Canal National Heritage Corridor Act Amendments of
2005’’.
SEC. 202. TRANSITION AND PROVISIONS FOR NEW MANAGE-
MENT ENTITY.
The Illinois and Michigan Canal National Heritage
Corridor Act of 1984 (Public Law 98–398; 16 U.S.C. 461
note) is amended as follows:
(1) In section 103—
(A) in paragraph (8), by striking ‘‘and’’;
(B) in paragraph (9), by striking the pe-
riod and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(10) the term ‘Association’ means the Canal
Corridor Association (an organization described
under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from taxation under sec-
tion 501(a) of such Code).’’.
(2) By adding at the end of section 112 the fol-
lowing new paragraph:
‘‘(7) The Secretary shall enter into a memo-
randum of understanding with the Association to
help ensure appropriate transition of the manage-
ment entity to the Association and coordination with
the Association regarding that role.’’.
(3) By adding at the end the following new sec-
tions:
‘‘SEC. 119. ASSOCIATION AS MANAGEMENT ENTITY.
‘‘Upon the termination of the Commission, the man-
agement entity for the corridor shall be the Association.
‘‘SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION.
‘‘For purposes of preparing and implementing the
management plan developed under section 121, the Asso-
ciation may use Federal funds made available under this
title—
‘‘(1) to make loans and grants to, and enter
into cooperative agreements with, States and their
political subdivisions, private organizations, or any
person;
‘‘(2) to hire, train, and compensate staff; and
‘‘(3) to enter into contracts for goods and serv-
ices.
‘‘SEC. 121. DUTIES OF THE ASSOCIATION.
‘‘The Association shall—
‘‘(1) develop and submit to the Secretary for
approval under section 123 a proposed management
plan for the corridor not later than 2 years after
Federal funds are made available for this purpose;
‘‘(2) give priority to implementing actions set
forth in the management plan, including taking
steps to assist units of local government, regional
planning organizations, and other organizations—
‘‘(A) in preserving the corridor;
‘‘(B) in establishing and maintaining inter-
pretive exhibits in the corridor;
‘‘(C) in developing recreational resources
in the corridor;
‘‘(D) in increasing public awareness of and
appreciation for the natural, historical, and ar-
chitectural resources and sites in the corridor;
and
‘‘(E) in facilitating the restoration of any
historic building relating to the themes of the
corridor;
‘‘(3) encourage by appropriate means economic
viability in the corridor consistent with the goals of
the management plan;
‘‘(4) consider the interests of diverse govern-
mental, business, and other groups within the cor-
ridor;
‘‘(5) conduct public meetings at least quarterly
regarding the implementation of the management
plan;
‘‘(6) 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; and
‘‘(7) for any year in which Federal funds have
been received under this title—
‘‘(A) submit an annual report to the Sec-
retary setting forth the Association’s accom-
plishments, expenses and income, and the iden-
tity of each entity to which any loans and
grants were made during the year for which the
report is made;
‘‘(B) make available for audit all records
pertaining to the expenditure of such funds and
any matching funds; and
‘‘(C) require, for all agreements author-
izing expenditure of Federal funds by other or-
ganizations, that the receiving organizations
make available for audit all records pertaining
to the expenditure of such funds.
‘‘SEC. 122. USE OF FEDERAL FUNDS.
‘‘(a) IN GENERAL.—The Association shall not use
Federal funds received under this title to acquire real
property or an interest in real property.
‘‘(b) OTHER SOURCES.—Nothing in this title pre-
cludes the Association from using Federal funds from
other sources for authorized purposes.
‘‘SEC. 123. MANAGEMENT PLAN.
‘‘(a) PREPARATION OF MANAGEMENT PLAN.—Not
later than 2 years after the date that Federal funds are
made available for this purpose, the Association shall sub-
mit to the Secretary for approval a proposed management
plan that shall—
‘‘(1) take into consideration State and local
plans and involve residents, local governments and
public agencies, and private organizations in the cor-
ridor;
‘‘(2) present comprehensive recommendations
for the corridor’s conservation, funding, manage-
ment, and development;
‘‘(3) include actions proposed to be undertaken
by units of government and nongovernmental and
private organizations to protect the resources of the
corridor;
‘‘(4) specify the existing and potential sources
of funding to protect, manage, and develop the cor-
ridor; and
‘‘(5) include—
‘‘(A) 
identification 
of 
the 
geographic
boundaries of the corridor;
‘‘(B) a brief description and map of the
corridor’s overall concept or vision that show