eral source, including States and their political sub-
divisions, private organizations, nonprofit organiza-
tions, or any other person, to carry out its duties 
under this Act. 
(2) USE OF FUNDS.—The management entity 
may use funds to prepare, update, and implement 
the management plan developed under subsection 
(b). The management entity may not make grants to 
States or their political subdivisions. The manage-
ment entity may use funds for other purposes, in-
cluding the following: 
(A) Making grants to, and entering into 
cooperative agreements with, private organiza-
tions, nonprofit organizations, or any other pri-
vate individual. 
(B) Hiring and compensating staff. 
(C) Entering into contracts for goods and 
services related to the production of maps, bro-
chures, and other educational and promotional 
materials. 
(3) MEETINGS.—All meetings conducted by the 
management entity shall be open to the public and 
minutes of each meeting shall be made available to 
the public. 
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(b) MANAGEMENT PLAN.—The management entity 
shall develop a management plan for the Heritage Area 
that— 
(1) presents comprehensive strategies and rec-
ommendations for promoting tourism within the 
Heritage Area and educating the public about the 
historic significance of the Heritage Area; 
(2) takes into consideration existing State, 
county, and local plans and involves residents, public 
agencies, and private organizations working in the 
Heritage Area; 
(3) specifies the existing and potential sources 
of funding to promote tourism within the Heritage 
Area; 
(4) lists participating localities; 
(5) includes an analysis of ways in which local, 
State, and Federal programs can be best coordi-
nated to promote the purposes of this Act, including 
recommendations to the Commonwealth of Virginia, 
the States of Maryland and West Virginia, and the 
Commonwealth of Pennsylvania (and political sub-
divisions thereof) for the promotion, support, and in-
terpretation of the natural, cultural, and historical 
resources of the Heritage Area; 
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(6) includes locations for visitor contact and 
major interpretive facilities; 
(7) includes recommendations for appropriate 
living history demonstrations and battlefield reenact-
ments; 
(8) includes recommendations for implementing 
a continuing program of interpretation and visitor 
education concerning the resources and values of the 
Heritage Area; 
(9) includes recommendations for a uniform 
historical marker and wayside exhibit program in 
the Heritage Area, including a provision for mark-
ing, with the consent of the owner, historic struc-
tures and properties that are contained within the 
historic core areas and contribute to the under-
standing of the Heritage Area; 
(10) includes recommendations for the interpre-
tation of the natural, cultural, and historic resources 
of the Heritage Area consistent with this Act; and 
(11) includes recommendations for the develop-
ment of educational outreach programs for students 
of all ages to further the understanding of the vast 
resources within the Heritage Area. 
(c) DEADLINE; TERMINATION OF ASSISTANCE.— 
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(1) DEADLINE.—The management entity shall 
submit the management plan to the Secretary not 
later than 2 years after the enactment of this Act. 
Prior to submitting the draft plan to the Secretary, 
the management entity shall ensure that— 
(A) the Commonwealth of Virginia, the 
States of Maryland and West Virginia, the 
Commonwealth of Pennsylvania, and any polit-
ical subdivision thereof that would be affected 
by the plan, receive a copy of the draft plan; 
(B) adequate notice of availability of the 
draft plan is provided through publication in 
appropriate local newspapers in the area of the 
Heritage Area; 
(C) at least one public hearing conducted 
by the management entity in each Congres-
sional district that is included in the region of 
potential inclusion of the Heritage Area; 
(D) each residential and commercial prop-
erty owner within a participating locality has 
been notified, via United States Postal Service 
first class letter, by the local unit of govern-
ment requesting inclusion in the heritage area; 
and 
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(E) the Board of Trustees of the manage-
ment entity has unanimously endorsed the draft 
plan. 
(2) TERMINATION OF ASSISTANCE.—If a man-
agement plan is not submitted to the Secretary in 
accordance with this subsection, the Secretary shall 
not, after that date, provide any assistance under 
this Act with respect to the Heritage Area until such 
a management plan for the Heritage Area is sub-
mitted to the Secretary. 
(d) DUTIES OF MANAGEMENT ENTITY.—The man-
agement entity shall— 
(1) give priority to implementing actions set 
forth in the management plan; 
(2) assist units of government and nonprofit or-
ganizations in— 
(A) establishing and maintaining interpre-
tive materials and exhibits in the Heritage 
Area; 
(B) developing historical and cultural re-
sources and educational programs in the Herit-
age Area; 
(C) increasing public awareness of and ap-
preciation for the natural, historical, and archi-
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tectural resources and sites in the Heritage 
Area; 
(D) restoring any historic building relating 
to the themes of the Heritage Area; and 
(E) ensuring that clear signs identifying 
access points and sites of interest are placed 
throughout the Heritage Area; and 
(3) consider the interests of diverse govern-
mental, business, and nonprofit groups within the 
Heritage Area. 
(e) CONSEQUENCES
OF NONCOMPLIANCE.—If the 
management entity does not comply with the provisions 
of this Act, it shall cease to be the management entity 
and its authority as such shall not be recognized, nor shall 
its management plan or any other work product be used, 
to implement this Act. 
SEC. 5. DUTIES AND AUTHORITIES OF THE SECRETARY. 
(a) TECHNICAL ASSISTANCE.— 
(1) IN
GENERAL.—The Secretary may, upon 
the request of the management entity and subject to 
the availability of resources, provide technical assist-
ance to the management entity to carry out its du-
ties under this Act, including updating and imple-
menting the management plan that is submitted 
under section 4(b) and approved by the Secretary 
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and, prior to such approval, providing assistance for 
initiatives. 
(2) PRIORITY.—In assisting the management 
entity, the Secretary shall give priority to actions 
that assist in the— 
(A) creation of the management plan; 
(B) provision of educational assistance and 
advice regarding promotion of the heritage 
area; and 
(C) design and fabrication of a wide range 
of interpretive materials based on the manage-
ment plan, such as guide brochures, visitor dis-
plays, audio-visual, books, interpretive dia-
logues, interactive exhibits, and educational cur-
riculum materials for public education. 
(b) APPROVAL AND DISAPPROVAL OF MANAGEMENT 
PLANS.—The Secretary, in consultation with the Gov-
ernors of the Commonwealth of Virginia, the States of 
Maryland and West Virginia, and the Commonwealth of 
Pennsylvania, shall approve or disapprove a management 
plan submitted under this Act not later than 180 days 
after receiving such plan. In approving the plan, the Sec-
retary shall take into consideration the following criteria: 
(1) The extent to which the management plan, 
when implemented, would support and promote the 
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significant historical, cultural, and recreational re-
sources of the Heritage Area. 
(2) The level of public participation in the de-
velopment of the management plan. 
(3) The extent to which the board of trustees 
of the management entity is representative of the 
local governments affected and a wide range of in-
terested organizations and citizens. 
(c) ACTION FOLLOWING DISAPPROVAL.—If the Sec-
retary disapproves a management plan, the Secretary shall 
advise the management entity in writing of the reasons 
for the disapproval and shall make recommendations for 
revisions in the management plan. The Secretary shall ap-
prove or disapprove a proposed revision not later than 90 
days after the date it is submitted. 
(d) APPROVING CHANGES.—Amendments to the ap-
proved management plan for the Heritage Area that make 
substantial changes shall not be effective until approved 
by the Secretary under the same timeline as the manage-
ment plan was approved. 
SEC. 6. SUNSET. 
The Secretary may not provide any assistance under 
this Act after the expiration of the 10-year period begin-
ning on the date of the enactment of this Act. 
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SEC. 7. REQUIREMENTS FOR INCLUSION OF PRIVATE 
PROPERTY. 
(a) NOTIFICATION
AND CONSENT
OF PROPERTY 
OWNERS REQUIRED.—No privately owned property shall 
be preserved or promoted under the management plan for 
the Heritage Area until the owner of that private property 
has— 
(1) been notified in writing by the management 
entity; and 
(2) given written consent to the management 
entity for such preservation or promotion. 
(b) LANDOWNER WITHDRAWAL.—Any owner of pri-
vate property included within the boundary of the Herit-
age Area shall have their property immediately removed 
from the boundary by submitting a written request to the 
management entity. 
(c) CHANGE OF OWNERSHIP.—If private property in-
cluded within the boundary of the Heritage Area has been 
excluded from the Heritage Area or has not been pre-
served or promoted under the management plan for the 
Heritage Area because the owner has not given or has 
withdrawn consent, upon change of ownership of that pri-
vate property, the management entity may request consent 
from the new owners. 
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SEC. 8. PRIVATE PROPERTY PROTECTION. 
(a) ACCESS
TO PRIVATE PROPERTY.—Nothing in 
this Act 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 Act shall be construed to 
modify the authority of Federal, State, or local govern-
ments to regulate land use. 
(d) COMPENSATION FOR LOST USE.—If a local gov-
ernmental entity within the boundaries of the Heritage 
Area promulgates new land use regulations following the 
date of the enactment of this Act that restrict the use of 
private property, or any interest therein, thereby reducing 
the value of the property, then that governmental agency 
shall pay the owner of the property just compensation in 
an amount no less than the fair market value of the lost 
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use as of the date that the owner makes written request 
for compensation. The local governmental entity shall 
compensate the property owner not later than 180 day 
after receiving the property owners written request for 
compensation. 
(e) FAIR MARKET VALUE.—For purposes of this Act, 
‘‘fair market value’’ is the price a buyer would be willing 
to pay for the affected portion of the private property, in-
cluding business losses, if such private property was placed 
on the market by a willing seller. Such fair market value 
shall be determined by an appraisal by two or more li-
censed, independent appraisers. If substantial differences 
exist between appraisals commissioned by the property 
owner and by the local governmental entity, fair market 
value shall either be an amount agreed to by the property 
owner and the public entity, or by an independent ap-
praiser jointly selected by both. 
(f) FAILURE TO COMPLY.—Any local government en-
tity that fails to comply with subsection (d) shall not be 
eligible to participate in the Heritage Area and shall be 
barred from receiving any Federal funds for a period of 
3 years. 
(g) PARTICIPATION OF PRIVATE PROPERTY OWNERS 
IN HERITAGE AREA.—Nothing in this Act shall be con-
strued to require the owner of any private property located 
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within the boundaries of the Heritage Area to participate 
in or be associated with the Heritage Area. 
(h) EFFECT OF ESTABLISHMENT.—The boundaries 
designated for the Heritage Area represent the area within 
which specific, eligible localities have been included in the 
area. The establishment of the Heritage Area and its 
boundaries shall not be construed to provide any non-
existing regulatory authority on land use within the Herit-
age Area or its viewshed by the Secretary, the National 
Park Service, or the management entity. 
SEC. 9. FEDERAL ADVISORY COMMITTEE ACT. 
(a) IN GENERAL.—The Federal Advisory Committee 
Act shall not apply to the Board of Trustees of the Herit-
age Area. 
(b) COMPLIANCE.—Notwithstanding subsection (a), 
the Board of Trustees shall be appointed and operate in 
a manner consistent with all provisions of the Federal Ad-
visory Committee Act with respect to— 
(1) the balance of its membership; 
(2) provision of public notice regarding its ac-
tivities; 
(3) open meetings; and 
(4) public access to documents created by 
Board of Trustees. 
Æ 
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