H. R. 4236—149
national preserve redesignated, established, and expanded under
section 202(2) of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 410hh–1)).
(b) RED FISH DEFINED.—For the purposes of subsection (a),
the term ‘‘red fish’’ means spawned-out sockeye salmon that has
no significant commercial value.
(c) TITLE.—No provision of this section shall be construed 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 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 construed as expanding
or diminishing Federal or State jurisdiction, responsibility,
interests, or rights in management, regulation, or control over
waters of the State of Alaska or submerged lands under any provi-
sion 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 approximately 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 deter-
mination whether the continued 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 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 ENHANCEMENT
SEC. 1101. PROGRAM FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS.—For each of the fiscal
years 1998, 1999, and 2000, there are authorized to be appropriated
an additional $143,300,000 for both—
(1) the initial Federal share of the cost of developing and
implementing that portion of an ecosystem protection plan for
the Bay-Delta, referred to as ‘‘the Category III program’’
emanating out of the document entitled ‘‘Principles for Agree-
ment 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 developing and
implementing the ecosystem restoration elements of the long-
term CALFED Bay-Delta Program, pursuant to the cost
sharing 
agreement 
required 
by 
section 
78684.10 
of
H. R. 4236—150
California Senate Bill 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 accordance with proce-
dures 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 appro-
priated 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 estab-
lished pursuant to subsection (e), for currently authorized projects
and programs under the Central Valley Project Improvement Act
(title XXXIV of Public Law 102–575) and other currently authorized
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 the San Francisco Bay/Sacramento-San Joaquin Delta
Watershed in California. Participation in such long-term solution
shall only be undertaken pursuant to authorization 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 authorized, those
agencies and departments that are currently or subsequently
become participants in the CALFED Bay-Delta Program are hereby
authorized to undertake the activities and programs for which
Federal cost sharing is provided by this section. The United States
shall 
immediately 
initiate 
coordinated 
consultations 
and
negotiations with the State of California to expeditiously execute
the cost-sharing agreement required by section 78684.10 of Califor-
nia 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, planning, 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 that displays Federal spending for
fiscal years 1993 through 1998 on ecosystem restoration and other
purposes in the Bay-Delta region, separately showing funding
provided previously or requested under both pre-existing authorities
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 Propo-
sition 204.
H. R. 4236—151
DIVISION II
TITLE I—NATIONAL COAL HERITAGE
AREA
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘National Coal Heritage 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 latter part of the 19th
Century and the early part of the current century are of
national historic and cultural significance in terms of their
contribution to the industrialization of the United States, the
organization of workers into trade unions, and the unique
culture of the Appalachian Region.
(2) It is in the national interest to preserve and protect
physical remnants of this era for the education and benefit
of present and future generations.
(3) There is a need to provide assistance for the preserva-
tion 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 interpret-
ing for the educational and inspirational benefit of present and
future generations certain lands and structures with unique and
significant historic and cultural value associated with the coal min-
ing heritage of the State of West Virginia and the Nation, there
is hereby established 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 administered in accord-
ance with this title.
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, pursuant to which the Secretary shall assist
the State of West Virginia, its units of local government, and
nonprofit organizations in each of the following:
(1) The development and implementation of integrated
cultural, historical, and land resource management policies and
programs in order to retain, enhance, and interpret the signifi-
cant values of the lands, water, and structures of the Area.
(2) The preservation, restoration, maintenance, operation,
interpretation, and promotion of buildings, structures, facilities,
H. R. 4236—152
sites, and points of interest 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 preservation and compatible
economic revitalization.
(4) The development of guidelines and standards for
projects, consistent with standards established by the National
Park Service, for the preservation and restoration of historic
properties, including interpretative methods, that will further
history preservation in the region.
SEC. 105. ELIGIBLE RESOURCES.
The resources eligible for the assistance under paragraphs (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 Priorities’’
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
Management Plan for the Area. The plan shall at a minimum—
(1) set forth the integrated cultural, historical, and land
resource management policies and programs 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 determines 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 appropriated 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.
H. R. 4236—153
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 significance 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 understanding 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 government entities; and
(6) partnerships between Federal, State, and local govern-
ments and their regional entities, and the private sector, offer
the most effective opportunities for the enhancement and
management of the Civil War battlefields and related sites
located in Tennessee.
(b) PURPOSES.—The purposes of this title are—
(1) to preserve, conserve, and interpret the legacy 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 entities, and the private sector
to preserve, conserve, enhance, 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 designated pursuant to section
203.
(2) The term ‘‘Secretary’’ means the Secretary of the
Interior.
(3) The term ‘‘compact’’ means the compact approved under
section 204.
(4) The term ‘‘management plan’’ means the management
plan submitted under section 205.
SEC. 203. TENNESSEE CIVIL WAR HERITAGE AREA.
(a) DESIGNATION.—Upon publication by the Secretary in the
Federal Register of notice that a compact regarding the Tennessee
Civil War Heritage Area has been approved by the Secretary in
accordance with this title, there is hereby designated the Tennessee
Civil War Heritage Area.
H. R. 4236—154
(b) BOUNDARIES.—The Tennessee Civil War Heritage Area shall
be comprised of areas of the State of Tennessee depicted on the
map entitled ‘‘Tennessee Civil War Heritage Area’’. The map shall
be on file and available for public inspection in the office of the
Director of the National Park Service.
(c) ADMINISTRATION.—The national heritage area shall be
administrated in accordance with the compact and the management
plan.
SEC. 204. COMPACT.
(a) COMPACT.—The compact referred to in section 203(a) shall
include information relating to the objectives and management of
the area proposed for designation as the national heritage area.
Such information shall include (but not be limited to) each of
the following:
(1) A delineation of the boundaries of the proposed national
heritage area.
(2) A discussion of the goals and objectives of the proposed
national heritage area, including an explanation of the approach
proposed by the partners referred to in paragraph (4), to
conservation and interpretation of resources.
(3) An identification and description of the management
entity that will administer the proposed national heritage area.
(4) A list of the initial partners to be involved in developing
and implementing the management plan for the proposed
national heritage area, and a statement of the financial commit-
ment of the partners.
(5) A description of the role of the State of Tennessee.
(b) PREPARATION OF AND ACTIONS CALLED FOR IN COMPACT.—
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 national herit-
age area and shall ensure effective implementation of the State
and local aspects of the compact.
(c) APPROVAL AND DISAPPROVAL OF COMPACTS.—
(1) IN GENERAL.—The Secretary, in consultation with the
Governor of Tennessee, shall approve or disapprove the pro-
posed compact not later than 90 days after receiving such
compact.
(2) 
PROCEDURES
IF
DISAPPROVED.—If 
the 
Secretary
disapproves a proposed compact, the Secretary shall advise,
in writing, of the reasons for the disapproval and shall make
recommendations for revisions 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 submitted under
this title for the national heritage area shall present comprehensive
recommendations for the conservation, 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, public agencies, and
private organizations in the area;
H. R. 4236—155
(3) include a description of actions that units of government
and private organizations are recommended to take to protect
the resources of the area;
(4) specify existing and potential sources of funding for
the conservation, management, and development of the area;
and
(5) include the following, as appropriate:
(A) An inventory of the resources contained in the
national heritage area, including a list of property in the
area that should be conserved, restored, managed, devel-
oped, or maintained because of the natural, cultural, or
historic significance of the property as it relates to the
themes of the area.
(B) A recommendation of policies for resource manage-
ment that consider and detail the application of appropriate
land and water management techniques, including (but
not limited to) the development of intergovernmental
cooperative agreements to manage the historical, cultural,
and natural resources and the recreational opportunities
of the area in a manner consistent with the support of
appropriate and compatible economic viability.
(C) A program, including plans for restoration 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 Federal, State,
and local programs may best be coordinated to promote
the purposes of this title.
(E) An interpretive plan for the national heritage area.
(b) MANAGEMENT ENTITIES.—The management entity for the
national heritage area shall do each of the following:
(1) Develop and submit to the Secretary a management
plan not later than three years after the date of the designation
of the area as a national heritage area.
(2) Give priority to the implementation of actions, goals,
and policies set forth in the compact and management plan
for the area, including—
(A) assisting units of government, regional planning
organizations, and nonprofit organizations—
(i) in conserving the national heritage area;
(ii) in establishing and maintaining interpretive
exhibits in the area;
(iii) in developing recreational opportunities in the
area;
(iv) in increasing public awareness of and apprecia-
tion for the natural, historical, and cultural resources
of the area;
(v) in the restoration of historic buildings 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 environ-
mentally appropriate signs identifying access points
and sites of interest are put in place throughout the
area; and
H. R. 4236—156
(B) consistent with the goals of the management plan,
encouraging economic viability in the affected communities
by appropriate means.
(3) In developing and implementing the management plan
for the area, consider the interests of diverse units of govern-
ment, businesses, private property owners, and nonprofit groups
within the geographic 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 organizations regarding
the compact and, upon request of the management entity for
the national heritage area, regarding the management plan
and its implementation;
(2) may not, as a condition of the award of technical assist-
ance or grants under this section, require any recipient of
such technical assistance or grants to enact or modify land
use restrictions; and
(3) may not make limitations on fishing, hunting, or
trapping a condition for the approval of the compact or the
determination of eligibility for technical assistance or grants
under this section.
SEC. 207. SAVINGS PROVISIONS.
(a) LACK OF EFFECT ON AUTHORITY OF GOVERNMENTS.—Nothing
in this title shall be construed to modify, 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 ENTITY.—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 herit-
age area shall not diminish the authority of the State of Tennessee
to manage fish and wildlife, including 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 appropriated 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 national
heritage area under this title.
(b) 50 PERCENT MATCH.—Federal funding provided under this
title, after the designation of the national heritage area, may not
exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this title.
H. R. 4236—157
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 important resources in the State, is one
of the last unspoiled areas in the State of Georgia;
(2) the Augusta Canal National Historic Landmark
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 Harrisburg, Laney
Walker, and Greene Street districts, and two national historic
landmarks, Stallings Island, 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 undeveloped recreational
opportunities for people throughout the United States;
(5) the Augusta Canal and related mill sites, structures,
and associated neighborhoods are representatives of the devel-
opment 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 devel-
opment and use of the Augusta Canal;
(7) several significant sites associated with the American
Revolution, the Civil War, Native Americans, Colonial
Americans, African Americans, Chinese 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 organizations, and private
businesses, the cultural, historical, natural, and recreational
resources of the area have not realized full potential and may
be lost without 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 cooperatively 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 Georgia, 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 manage-
ment framework to assist the State of Georgia, its units of local
government, and area citizens in retaining, enhancing, and