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titled ‘‘Niagara Falls National Heritage Area,’’ and 
numbered P76/80,000 and dated July, 2006. The 
map shall be on file and available to the public in 
the appropriate offices of the National Park Service 
and the local coordinating entity. 
SEC. 2025. MANAGEMENT PLAN. 
(a) REQUIREMENTS.—The management plan for the 
National Heritage Area shall— 
(1) describe comprehensive policies, goals, strat-
egies, and recommendations for telling the story of 
the heritage of the area covered by the National 
Heritage Area and encouraging long-term resource 
protection, enhancement, interpretation, funding, 
management, and development of the National Her-
itage Area; 
(2) include a description of actions and commit-
ments that Federal, State, Tribal, and local govern-
ments, private organizations, and citizens will take 
to protect, enhance, interpret, fund, manage, and de-
velop the natural, historical, cultural, educational, 
scenic, and recreational resources of the National 
Heritage Area; 
(3) specify existing and potential sources of 
funding or economic development strategies to pro-
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tect, enhance, interpret, fund, manage, and develop 
the National Heritage Area; 
(4) include an inventory of the natural, histor-
ical, cultural, educational, scenic, and recreational 
resources of the National Heritage Area related to 
the national importance and themes of the National 
Heritage Area that should be protected, enhanced, 
interpreted, managed, funded, and developed; 
(5) recommend policies and strategies for re-
source management, including the development of 
intergovernmental and interagency agreements to 
protect, enhance, interpret, fund, manage, and de-
velop the natural, historical, cultural, educational, 
scenic, and recreational resources of the National 
Heritage Area; 
(6) describe a program for implementation for 
the management plan, including— 
(A) performance goals; 
(B) plans for resource protection, enhance-
ment, interpretation, funding, management, and 
development; and 
(C) specific commitments for implementa-
tion that have been made by the local coordi-
nating entity or any Federal, State, Tribal, or 
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local government agency, organization, busi-
ness, or individual; 
(7) include an analysis of, and recommenda-
tions for, means by which Federal, State, Tribal, 
and local programs may best be coordinated (includ-
ing the role of the National Park Service and other 
Federal agencies associated with the National Herit-
age Area) to further the purposes of this subtitle; 
and 
(8) include a business plan that— 
(A) describes the role, operation, financing, 
and functions of the local coordinating entity 
and of each of the major activities contained in 
the management plan; and 
(B) provides adequate assurances that the 
local coordinating entity has the partnerships 
and financial and other resources necessary to 
implement the management plan for the Na-
tional Heritage Area. 
(b) DEADLINE.— 
(1) IN GENERAL.—Not later than 3 years after 
the date on which funds are first made available to 
develop the management plan after designation as a 
National Heritage Area, the local coordinating entity 
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shall submit the management plan to the Secretary 
for approval. 
(2) TERMINATION OF FUNDING.—If the man-
agement plan is not submitted to the Secretary in 
accordance with paragraph (1), the local coordi-
nating entity shall not qualify for any additional fi-
nancial assistance under this subtitle until such time 
as the management plan is submitted to and ap-
proved by the Secretary. 
(c) APPROVAL OF MANAGEMENT PLAN.— 
(1) REVIEW.—Not later than 180 days after re-
ceiving the plan, the Secretary shall review and ap-
prove or disapprove the management plan for a Na-
tional Heritage Area on the basis of the criteria es-
tablished under paragraph (3). 
(2) CONSULTATION.—The Secretary shall con-
sult with the Governor before approving a manage-
ment plan for the National Heritage Area. 
(3) CRITERIA FOR APPROVAL.—In determining 
whether to approve a management plan for a Na-
tional Heritage Area, the Secretary shall consider 
whether— 
(A) the local coordinating entity represents 
the diverse interests of the National Heritage 
Area, including Federal, State, Tribal, and local 
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governments, natural and historic resource pro-
tection organizations, educational institutions, 
businesses, recreational organizations, commu-
nity residents, and private property owners; 
(B) the local coordinating entity— 
(i) has afforded adequate opportunity 
for public and Federal, State, Tribal, and 
local governmental involvement (including 
through workshops and hearings) in the 
preparation of the management plan; and 
(ii) provides for at least semiannual 
public meetings to ensure adequate imple-
mentation of the management plan; 
(C) the resource protection, enhancement, 
interpretation, funding, management, and de-
velopment strategies described in the manage-
ment plan, if implemented, would adequately 
protect, enhance, interpret, fund, manage, and 
develop the natural, historic, cultural, edu-
cational, scenic, and recreational resources of 
the National Heritage Area; 
(D) the management plan would not ad-
versely affect any activities authorized on Fed-
eral land under public land laws or land use 
plans; 
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(E) the local coordinating entity has dem-
onstrated the financial capability, in partner-
ship with others, to carry out the plan; 
(F) the Secretary has received adequate 
assurances from the appropriate State, Tribal, 
and local officials whose support is needed to 
ensure the effective implementation of the 
State, Tribal, and local elements of the manage-
ment plan; and 
(G) the management plan demonstrates 
partnerships among the local coordinating enti-
ty, Federal, State, Tribal, and local govern-
ments, regional planning organizations, non-
profit organizations, or private sector parties 
for implementation of the management plan. 
(4) DISAPPROVAL.— 
(A) IN
GENERAL.—If the Secretary dis-
approves the management plan, the Secretary— 
(i) shall advise the local coordinating 
entity in writing of the reasons for the dis-
approval; and 
(ii) may make recommendations to the 
local coordinating entity for revisions to 
the management plan. 
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(B) DEADLINE.—Not later than 180 days 
after receiving a revised management plan, the 
Secretary shall approve or disapprove the re-
vised management plan. 
(5) AMENDMENTS.— 
(A) IN GENERAL.—An amendment to the 
management plan that substantially alters the 
purposes of the National Heritage Area shall be 
reviewed by the Secretary and approved or dis-
approved in the same manner as the original 
management plan. 
(B) IMPLEMENTATION.—The local coordi-
nating entity shall not use Federal funds au-
thorized by this subtitle to implement an 
amendment to the management plan until the 
Secretary approves the amendment. 
(6) AUTHORITIES.—The Secretary may— 
(A) provide technical assistance under the 
authority of this subtitle for the development 
and implementation of the management plan; 
and 
(B) enter into cooperative agreements with 
interested parties to carry out this subtitle. 
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SEC. 2026. EVALUATION; REPORT. 
(a) IN GENERAL.—Not later than 3 years before the 
date on which authority for Federal funding terminates 
for the National Heritage Area under this subtitle the Sec-
retary shall— 
(1) conduct an evaluation of the accomplish-
ments of the National Heritage Area; and 
(2) prepare a report in accordance with sub-
section (c). 
(b) EVALUATION.—An evaluation conducted under 
subsection (a)(1) shall— 
(1) assess the progress of the local coordinating 
entity with respect to— 
(A) accomplishing the purposes of the au-
thorizing legislation for the National Heritage 
Area; and 
(B) achieving the goals and objectives of 
the approved management plan for the National 
Heritage Area; 
(2) analyze the Federal, State, Tribal, and 
local, and private investments in the National Herit-
age Area to determine the impact of the invest-
ments; and 
(3) review the management structure, partner-
ship relationships, and funding of the National Her-
itage Area for purposes of identifying the critical 
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components for sustainability of the National Herit-
age Area. 
(c) REPORT.—Based on the evaluation conducted 
under subsection (a)(1), the Secretary shall submit a re-
port to the Committee on Natural Resources of the United 
States House of Representatives and the Committee on 
Energy and Natural Resources of the United States Sen-
ate. The report shall include recommendations for the fu-
ture role of the National Park Service, if any, with respect 
to the National Heritage Area. 
SEC. 2027. LOCAL COORDINATING ENTITY. 
(a) DESIGNATION.—The local coordinating entity for 
the Heritage Area shall be— 
(1) for the 5-year period beginning on the date 
of enactment of this subtitle, the Commission; and 
(2) on expiration of the 5-year period described 
in subparagraph (1), a private nonprofit or govern-
mental organization designated by the Commission. 
(b) DUTIES.—To further the purposes of the Na-
tional Heritage Area, the local coordinating entity, shall— 
(1) prepare a management plan for the Na-
tional Heritage Area, and submit the management 
plan to the Secretary, in accordance with this sub-
title; 
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(2) submit an annual report to the Secretary 
for each fiscal year for which the local coordinating 
entity receives Federal funds under this subtitle, 
specifying— 
(A) the specific performance goals and ac-
complishments of the local coordinating entity; 
(B) the expenses and income of the local 
coordinating entity; 
(C) the amounts and sources of matching 
funds; 
(D) the amounts leveraged with Federal 
funds and sources of the leveraging; and 
(E) grants made to any other entities dur-
ing the fiscal year; 
(3) make available for audit for each fiscal year 
for which the local coordinating entity receives Fed-
eral funds under this subtitle, all information per-
taining to the expenditure of the funds and any 
matching funds; 
(4) encourage economic viability and sustain-
ability that is consistent with the purposes of the 
National Heritage Area; and 
(5) coordinate projects, activities, and programs 
with the Erie Canalway National Heritage Corridor. 
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(c) AUTHORITIES.—For the purposes of preparing 
and implementing the approved management plan for the 
National Heritage Area, the local coordinating entity may 
use Federal funds made available under this subtitle to— 
(1) make grants to political jurisdictions, non-
profit organizations, and other parties within the 
National Heritage Area; 
(2) enter into cooperative agreements with or 
provide technical assistance to political jurisdictions, 
nonprofit organizations, Federal agencies, and other 
interested parties; 
(3) hire and compensate staff, including individ-
uals with expertise in— 
(A) natural, historical, cultural, edu-
cational, scenic, and recreational resource con-
servation; 
(B) economic and community development; 
and 
(C) heritage planning; 
(4) obtain funds or services from any source, 
including other Federal programs; 
(5) contract for goods or services; and 
(6) support activities of partners and any other 
activities that further the purposes of the National 
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Heritage Area and are consistent with the approved 
management plan. 
(d) PROHIBITION ON ACQUISITION OF REAL PROP-
ERTY.—The local coordinating entity may not use Federal 
funds authorized under this subtitle to acquire any inter-
est in real property. 
SEC. 2028. NIAGARA FALLS HERITAGE AREA COMMISSION. 
(a) ESTABLISHMENT.—There is established within 
the Department of the Interior the Niagara Falls National 
Heritage Area Commission. 
(b) MEMBERSHIP.—The Commission shall be com-
posed of 17 members, of whom— 
(1) 1 member shall be the Director of the Na-
tional Park Service (or a designee); 
(2) 5 members shall be appointed by the Sec-
retary, after consideration of the recommendation of 
the Governor, from among individuals with knowl-
edge and experience of— 
(A) the New York State Office of Parks, 
Recreation and Historic Preservation, the Niag-
ara River Greenway Commission, the New York 
Power Authority, the USA Niagara Develop-
ment Corporation, and the Niagara Tourism 
and Convention Corporation; or 
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(B) any successors of the agencies de-
scribed in subparagraph (A); 
(3) 1 member shall be appointed by the Sec-
retary, after consideration of the recommendation of 
the mayor of Niagara Falls, New York; 
(4) 1 member shall be appointed by the Sec-
retary, after consideration of the recommendation of 
the mayor of the village of Youngstown, New York; 
(5) 1 member shall be appointed by the Sec-
retary, after consideration of the recommendation of 
the mayor of the village of Lewiston, New York; 
(6) 1 member shall be appointed by the Sec-
retary, after consideration of the recommendation of 
the Tuscarora Nation; 
(7) 1 member shall be appointed by the Sec-
retary, after consideration of the recommendation of 
the Seneca Nation of Indians; and 
(8) 6 members shall be individuals who have an 
interest in, support for, and expertise appropriate to 
tourism, regional planning, history and historic pres-
ervation, cultural or natural resource management, 
conservation, recreation, and education, or museum 
services, of whom— 
(A) 4 members shall be appointed by the 
Secretary, after consideration of the rec-
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ommendation of the 2 members of the Senate 
from the State; and 
(B) 2 members shall be appointed by the 
Secretary, after consideration of the rec-
ommendation of the Member of the House of 
Representatives whose district encompasses the 
National Heritage Area. 
(c) TERMS; VACANCIES.— 
(1) TERM.—A member of the Commission shall 
be appointed for a term not to exceed 5 years. 
(2) VACANCIES.— 
(A) PARTIAL TERM.—A member appointed 
to fill a vacancy on the Commission shall serve 
for the remainder of the term for which the 
predecessor of the member was appointed. 
(B) IN GENERAL.—A vacancy on the Com-
mission shall be filled in the same manner as 
the original appointment was made. 
(d) CHAIRPERSON AND VICE CHAIRPERSON.— 
(1) SELECTION.—The Commission shall select 
a Chairperson and Vice Chairperson from among the 
members of the Commission. 
(2) VICE CHAIRPERSON.—The Vice Chairperson 
shall serve as the Chairperson in the absence of the 
Chairperson. 
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(e) QUORUM.— 
(1) IN GENERAL.—A majority of the members 
of the Commission shall constitute a quorum. 
(2) TRANSACTION.—For the transaction of any 
business or the exercise of any power of the Com-
mission, the Commission shall have the power to act 
by a majority vote of the members present at any 
meeting at which a quorum is in attendance. 
(f) MEETINGS.— 
(1) IN GENERAL.—The Commission shall meet 
at least quarterly at the call of— 
(A) the Chairperson; or 
(B) a majority of the members of the Com-
mission. 
(2) NOTICE.—Notice of Commission meetings 
and agendas for the meetings shall be published in 
local newspapers that are distributed throughout the 
National Heritage Area. 
(3) APPLICABLE LAW.—Meetings of the Com-
mission shall be subject to section 552b of title 5, 
United States Code. 
(g) AUTHORITIES OF THE COMMISSION.—In addition 
to the authorities otherwise granted in this subtitle, the 
Commission may— 
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(1) request and accept from the head of any 
Federal agency, on a reimbursable or non-reimburs-
able basis, any personnel of the Federal agency to 
the Commission to assist in carrying out the duties 
of the Commission; 
(2) request and accept from the head of any 
State agency or any agency of a political subdivision 
of the State, on a reimbursable or nonreimbursable 
basis, any personnel of the agency to the Commis-
sion to assist in carrying out the duties of the Com-
mission; 
(3) seek, accept, and dispose of gifts, bequests, 
grants, or donations of money, personal property, or 
services; and 
(4) use the United States mails in the same 
manner as other agencies of the Federal Govern-
ment. 
(h) DUTIES OF THE COMMISSION.—To further the 
purposes of the National Heritage Area, in addition to the 
duties otherwise listed in this subtitle, the Commission 
shall assist in the transition of the management of the 
National Heritage Area from the Commission to the local 
coordinating entity designated under this subtitle. 
(i) COMPENSATION OF MEMBERS.— 
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(1) IN GENERAL.—A member of the Commis-
sion shall serve without compensation. 
(2) TRAVEL
EXPENSES.—A member of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for an employee of an agency under subchapter 
I of chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in the performance of the duties of the 
Commission. 
(j) GIFTS.—For purposes of section 170(c) of the In-
ternal Revenue Code of 1986, any gift or charitable con-
tribution to the Commission shall be considered to be a 
charitable contribution or gift to the United States. 
(k) USE OF FEDERAL FUNDS.—Except as provided 
for the leasing of administrative facilities under subsection 
(g)(1), the Commission may not use Federal funds made 
available to the Commission under this subtitle to acquire 
any real property or interest in real property. 
SEC. 2029. RELATIONSHIP TO OTHER FEDERAL AGENCIES. 
(a) IN GENERAL.—Nothing in this subtitle affects 
the authority of a Federal agency to provide technical or 
financial assistance under any other law. 
(b) CONSULTATION AND COORDINATION.—The head 
of any Federal agency planning to conduct activities that 
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may have an impact on a National Heritage Area is en-
couraged to consult and coordinate the activities with the 
Secretary and the local coordinating entity to the max-
imum extent practicable. 
(c) OTHER FEDERAL AGENCIES.—Nothing in this 
subtitle— 
(1) modifies, alters, or amends any law or regu-
lation authorizing a Federal agency to manage Fed-
eral land under the jurisdiction of the Federal agen-
cy; 
(2) limits the discretion of a Federal land man-
ager to implement an approved land use plan within 
the boundaries of a National Heritage Area; or 
(3) modifies, alters, or amends any authorized 
use of Federal land under the jurisdiction of a Fed-
eral agency. 
SEC. 2030. PRIVATE PROPERTY AND REGULATORY PROTEC-
TIONS. 
Nothing in this subtitle— 
(1) abridges the rights of any property owner 
(whether public or private), including the right to re-
frain from participating in any plan, project, pro-
gram, or activity conducted within the National Her-
itage Area; 
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(2) requires any property owner to permit pub-
lic access (including access by Federal, State, Tribal, 
or local agencies) to the property of the property 
owner, or to modify public access or use of property 
of the property owner under any other Federal, 
State, Tribal, or local law; 
(3) alters any duly adopted land use regulation, 
approved land use plan, or other regulatory author-
ity of any Federal, State, Tribal, or local agency, or 
conveys any land use or other regulatory authority 
to any local coordinating entity, including but not 
necessarily limited to development and management 
of energy, water, or water-related infrastructure; 
(4) authorizes or implies the reservation or ap-
propriation of water or water rights; 
(5) diminishes the authority of the State to 
manage fish and wildlife, including the regulation of 
fishing and hunting within the National Heritage 
Area; or 
(6) creates any liability, or affects any liability 
under any other law, of any private property owner 
with respect to any person injured on the private 
property. 
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SEC. 2031. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Subject 
to subsection (b), there are authorized to be appropriated 
to carry out this subtitle not more than $1,000,000 for 
any fiscal year. Funds so appropriated shall remain avail-
able until expended. 
(b) LIMITATION
ON
TOTAL
AMOUNTS
APPRO-
PRIATED.—Not more than $15,000,000 may be appro-
priated to carry out this subtitle. 
(c) COST-SHARING
REQUIREMENT.—The Federal 
share of the total cost of any activity under this subtitle 
shall be not more than 50 percent; the non-Federal con-
tribution may be in the form of in-kind contributions of 
goods or services fairly valued. 
SEC. 
2032. 
USE 
OF 
FEDERAL 
FUNDS 
FROM 
OTHER 
SOURCES. 
Nothing in this subtitle shall preclude the local co-
ordinating entity from using Federal funds available under 
other laws for the purposes for which those funds were 
authorized. 
SEC. 2033. SUNSET FOR GRANTS AND OTHER ASSISTANCE. 
The authority of the Secretary to provide financial 
assistance under this subtitle terminates on the date that 
is 15 years after the date of enactment of this subtitle. 
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