National Heritage Areas Act of 2006
PL 109-338 (S.203), enacted 10/12/2006

120 STAT. 1783
PUBLIC LAW 109–338—OCT. 12, 2006
Public Law 109–338
109th Congress
An Act
To reduce temporarily the royalty required to be paid for sodium produced, to
establish certain National Heritage Areas, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘National
Heritage Areas Act of 2006’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—SODA ASH ROYALTY REDUCTION
Sec. 101. Short title.
Sec. 102. Reduction in royalty rate on soda ash.
Sec. 103. Study.
TITLE II—ESTABLISHMENT OF NATIONAL HERITAGE AREAS
Subtitle A—Northern Rio Grande National Heritage Area
Sec. 201. Short title.
Sec. 202. Congressional findings.
Sec. 203. Definitions.
Sec. 204. Northern Rio Grande National Heritage Area.
Sec. 205. Authority and duties of the Management Entity.
Sec. 206. Duties of the Secretary.
Sec. 207. Private property protections; savings provisions.
Sec. 208. Sunset.
Sec. 209. Authorization of appropriations.
Subtitle B—Atchafalaya National Heritage Area
Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Atchafalaya National Heritage Area.
Sec. 214. Authorities and duties of the local coordinating entity.
Sec. 215. Management Plan.
Sec. 216. Requirements for inclusion of private property.
Sec. 217. Private property protection.
Sec. 218. Effect of subtitle.
Sec. 219. Reports.
Sec. 220. Authorization of appropriations.
Sec. 221. Termination of authority.
Subtitle C—Arabia Mountain National Heritage Area
Sec. 231. Short title.
Sec. 232. Findings and purposes.
Sec. 233. Definitions.
Sec. 234. Arabia Mountain National Heritage Area.
Sec. 235. Authorities and duties of the local coordinating entity.
Sec. 236. Management Plan.
16 USC 461 note.
National
Heritage Areas
Act of 2006.
Oct. 12, 2006
[S. 203]
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120 STAT. 1784
PUBLIC LAW 109–338—OCT. 12, 2006
Sec. 237. Technical and financial assistance.
Sec. 238. Effect on certain authority.
Sec. 239. Authorization of appropriations.
Sec. 240. Termination of authority.
Sec. 241. Requirements for inclusion of private property.
Sec. 242. Private property protection.
Subtitle D—Mormon Pioneer National Heritage Area
Sec. 251. Short title.
Sec. 252. Findings and purpose.
Sec. 253. Definitions.
Sec. 254. Mormon Pioneer National Heritage Area.
Sec. 255. Designation of Alliance as local coordinating entity.
Sec. 256. Management of the Heritage Area.
Sec. 257. Duties and authorities of Federal agencies.
Sec. 258A. Requirements for inclusion of private property.
Sec. 258B. Private property protection.
Sec. 259. Authorization of appropriations.
Sec. 260. Termination of authority.
Subtitle E—Freedom’s Frontier National Heritage Area
Sec. 261. Short title.
Sec. 262. Purpose.
Sec. 263. Definitions.
Sec. 264. Freedom’s Frontier National Heritage Area.
Sec. 265. Technical and financial assistance; other Federal agencies.
Sec. 266. Private property protection.
Sec. 267. Savings provisions.
Sec. 268. Authorization of appropriations.
Sec. 269. Termination of authority.
Subtitle F—Upper Housatonic Valley National Heritage Area
Sec. 271. Short title.
Sec. 272. Findings and purposes.
Sec. 273. Definitions.
Sec. 274. Upper Housatonic Valley National Heritage Area.
Sec. 275. Authorities, prohibitions, and duties of the Management Entity.
Sec. 276. Management Plan.
Sec. 277. Duties and authorities of the Secretary.
Sec. 278. Duties of other Federal agencies.
Sec. 279. Requirements for inclusion of private property.
Sec. 280. Private property protection.
Sec. 280A. Authorization of appropriations.
Sec. 280B. Sunset.
Subtitle G—Champlain Valley National Heritage Partnership
Sec. 281. Short title.
Sec. 282. Findings and purposes.
Sec. 283. Definitions.
Sec. 284. Heritage Partnership.
Sec. 285. Requirements for inclusion of private property.
Sec. 286. Private property protection.
Sec. 287. Effect.
Sec. 288. Authorization of appropriations.
Sec. 289. Termination of authority.
Subtitle H—Great Basin National Heritage Route
Sec. 291. Short title.
Sec. 291A. Findings and purposes.
Sec. 291B. Definitions.
Sec. 291C. Great Basin National Heritage Route.
Sec. 291D. Memorandum of understanding.
Sec. 291E. Management Plan.
Sec. 291F. Authority and duties of local coordinating entity.
Sec. 291G. Duties and authorities of Federal agencies.
Sec. 291H. Land use regulation; applicability of Federal law.
Sec. 291I. Authorization of appropriations.
Sec. 291J. Termination of authority.
Sec. 291K. Requirements for inclusion of private property.
Sec. 291L. Private property protection.
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120 STAT. 1785
PUBLIC LAW 109–338—OCT. 12, 2006
Subtitle I—Gullah/Geechee Heritage Corridor
Sec. 295. Short title.
Sec. 295A. Purposes.
Sec. 295B. Definitions.
Sec. 295C. Gullah/Geechee Cultural Heritage Corridor.
Sec. 295D. Gullah/Geechee Cultural Heritage Corridor Commission.
Sec. 295E. Operation of the local coordinating entity.
Sec. 295F. Management Plan.
Sec. 295G. Technical and financial assistance.
Sec. 295H. Duties of other Federal agencies.
Sec. 295I. Coastal Heritage Centers.
Sec. 295J. Private property protection.
Sec. 295K. Authorization of appropriations.
Sec. 295L. Termination of authority.
Subtitle J—Crossroads of the American Revolution National Heritage Area
Sec. 297. Short title.
Sec. 297A. Findings and purposes.
Sec. 297B. Definitions.
Sec. 297C. Crossroads of the American Revolution National Heritage Area.
Sec. 297D. Management Plan.
Sec. 297E. Authorities, duties, and prohibitions applicable to the local coordinating
entity.
Sec. 297F. Technical and financial assistance; other Federal agencies.
Sec. 297G. Authorization of appropriations.
Sec. 297H. Termination of authority.
Sec. 297I. Requirements for inclusion of private property.
Sec. 297J. Private property protection.
TITLE III—NATIONAL HERITAGE AREA STUDIES
Subtitle A—Western Reserve Heritage Area Study
Sec. 301. Short title.
Sec. 302. National Park Service study regarding the Western Reserve, Ohio.
Subtitle B—St. Croix National Heritage Area Study
Sec. 311. Short title.
Sec. 312. Study.
Subtitle C—Southern Campaign of the Revolution
Sec. 321. Short title.
Sec. 322. Southern Campaign of the Revolution Heritage Area study.
Sec. 323. Private property.
TITLE IV—ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE
CORRIDOR ACT AMENDMENTS
Sec. 401. Short title.
Sec. 402. Transition and provisions for new local coordinating entity.
Sec. 403. Private property protection.
Sec. 404. Technical amendments.
TITLE V—MOKELUMNE RIVER FEASIBILITY STUDY
Sec. 501. Authorization of Mokelumne River Regional Water Storage and Conjunc-
tive Use Project Study.
Sec. 502. Use of reports and other information.
Sec. 503. Cost shares.
Sec. 504. Water rights.
Sec. 505. Authorization of appropriations.
TITLE VI—DELAWARE NATIONAL COASTAL SPECIAL RESOURCES STUDY
Sec. 601. Short title.
Sec. 602. Study.
Sec. 603. Themes.
Sec. 604. Report.
TITLE VII—JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL
HERITAGE CORRIDOR REAUTHORIZATION
Sec. 701. Short title.
Sec. 702. John H. Chafee Blackstone River Valley National Heritage Corridor.
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120 STAT. 1786
PUBLIC LAW 109–338—OCT. 12, 2006
Sec. 703. New Jersey Coastal Heritage Trail Route.
TITLE VIII—CALIFORNIA RECLAMATION GROUNDWATER REMEDIATION
INITIATIVE
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. California basins remediation.
Sec. 804. Sunset of authority.
TITLE IX—NATIONAL COAL HERITAGE AREA
Sec. 901. National Coal Heritage Area amendments.
TITLE I—SODA ASH ROYALTY
REDUCTION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Soda Ash Royalty Reduction
Act of 2006’’.
SEC. 102. REDUCTION IN ROYALTY RATE ON SODA ASH.
Notwithstanding section 102(a)(9) of the Federal Land Policy
Management Act of 1976 (43 U.S.C. 1701(a)(9)), section 24 of the
Mineral Leasing Act (30 U.S.C. 262), and the terms of any lease
under that Act, the royalty rate on the quantity or gross value
of the output of sodium compounds and related products at the
point of shipment to market from Federal land in the 5-year period
beginning on the date of enactment of this Act shall be 2 percent.
SEC. 103. STUDY.
After the end of the 4-year period beginning on the date of
enactment of this Act, and before the end of the 5-year period
beginning on that date, the Secretary of the Interior shall report
to Congress on the effects of the royalty reduction under this
title, including—
(1) the amount of sodium compounds and related products
at the point of shipment to market from Federal land during
that 4-year period;
(2) the number of jobs that have been created or maintained
during the royalty reduction period;
(3) the total amount of royalty paid to the United States
on the quantity or gross value of the output of sodium com-
pounds and related products at the point of shipment to market
produced during that 4-year period, and the portion of such
royalty paid to States; and
(4) a recommendation of whether the reduced royalty rate
should apply after the end of the 5-year period beginning on
the date of enactment of this Act.
Reports.
30 USC 262 note.
30 USC 262 note.
30 USC 262 note.
Soda Ash Royalty
Reduction Act of
2006.
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120 STAT. 1787
PUBLIC LAW 109–338—OCT. 12, 2006
TITLE II—ESTABLISHMENT OF
NATIONAL HERITAGE AREAS
Subtitle A—Northern Rio Grande National
Heritage Area
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ‘‘Northern Rio Grande
National Heritage Area Act’’.
SEC. 202. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) northern New Mexico encompasses a mosaic of cultures
and history, including 8 Pueblos and the descendants of Spanish
ancestors who settled in the area in 1598;
(2) the combination of cultures, languages, folk arts, cus-
toms, and architecture make northern New Mexico unique;
(3) the area includes spectacular natural, scenic, and rec-
reational resources;
(4) there is broad support from local governments and
interested individuals to establish a National Heritage Area
to coordinate and assist in the preservation and interpretation
of these resources;
(5) in 1991, the National Park Service study Alternative
Concepts for Commemorating Spanish Colonization identified
several alternatives consistent with the establishment of a
National Heritage Area, including conducting a comprehensive
archaeological and historical research program, coordinating
a comprehensive interpretation program, and interpreting a
cultural heritage scene; and
(6) establishment of a National Heritage Area in northern
New Mexico would assist local communities and residents in
preserving these unique cultural, historical and natural
resources.
SEC. 203. DEFINITIONS.
As used in this subtitle—
(1) the term ‘‘heritage area’’ means the Northern Rio
Grande Heritage Area; and
(2) the term ‘‘Secretary’’ means the Secretary of the
Interior.
SEC. 204. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is hereby established the Northern
Rio Grande National Heritage Area in the State of New Mexico.
(b) BOUNDARIES.—The heritage area shall include the counties
of Santa Fe, Rio Arriba, and Taos.
(c) MANAGEMENT ENTITY.—
(1) The Northern Rio Grande National Heritage Area, Inc.,
a non-profit corporation chartered in the State of New Mexico,
shall serve as the management entity for the heritage area.
(2) The Board of Directors for the management entity shall
include representatives of the State of New Mexico, the counties
of Santa Fe, Rio Arriba and Taos, tribes and pueblos within
the heritage area, the cities of Santa Fe, Espanola and Taos,
Northern Rio
Grande National
Heritage Area
Act.
New Mexico.
16 USC 461 note.
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120 STAT. 1788
PUBLIC LAW 109–338—OCT. 12, 2006
and members of the general public. The total number of Board
members and the number of Directors representing State, local
and tribal governments and interested communities shall be
established to ensure that all parties have appropriate rep-
resentation on the Board.
SEC. 205. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.
(a) MANAGEMENT PLAN.—
(1) Not later than 3 years after the date of enactment
of this Act, the management entity shall develop and forward
to the Secretary a management plan for the heritage area.
(2) The management entity shall develop and implement
the management plan in cooperation with affected communities,
tribal and local governments and shall provide for public
involvement in the development and implementation of the
management plan.
(3) The management plan shall, at a minimum—
(A) provide recommendations for the conservation,
funding, management, and development of the resources
of the heritage area;
(B) identify sources of funding;
(C) include an inventory of the cultural, historical,
archaeological, natural, and recreational resources of the
heritage area;
(D) provide recommendations for educational and
interpretive programs to inform the public about the
resources of the heritage area; and
(E) include an analysis of ways in which local, State,
Federal, and tribal programs may best be coordinated to
promote the purposes of this subtitle.
(4) If the management entity fails to submit a management
plan to the Secretary as provided in paragraph (1), the heritage
area shall no longer be eligible to receive Federal funding
under this subtitle until such time as a plan is submitted
to the Secretary.
(5) The Secretary shall approve or disapprove the manage-
ment plan within 90 days after the date of submission. If
the Secretary disapproves the management plan, the Secretary
shall advise the management entity in writing of the reasons
therefore and shall make recommendations for revisions to
the plan.
(6) The management entity shall periodically review the
management plan and submit to the Secretary any rec-
ommendations for proposed revisions to the management plan.
Any major revisions to the management plan must be approved
by the Secretary.
(b) AUTHORITY.—The management entity may make grants and
provide technical assistance to tribal and local governments, and
other public and private entities to carry out the management
plan.
(c) DUTIES.—The management entity shall—
(1) give priority in implementing actions set forth in the
management plan;
(2) encourage by appropriate means economic viability in
the heritage area consistent with the goals of the management
plan; and
Recommen-
dations.
Deadline.
Deadline.
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120 STAT. 1789
PUBLIC LAW 109–338—OCT. 12, 2006
(3) assist local and tribal governments and non-profit
organizations in—
(A) establishing and maintaining interpretive exhibits
in the heritage area;
(B) developing recreational resources in the heritage
area;
(C) increasing public awareness of, and appreciation
for, the cultural, historical, archaeological and natural
resources and sits in the heritage area;
(D) the restoration of historic structures related to
the heritage area; and
(E) carrying out other actions that the management
entity determines appropriate to fulfill the purposes of
this subtitle, consistent with the management plan.
(d) PROHIBITION ON ACQUIRING REAL PROPERTY.—The manage-
ment entity may not use Federal funds received under this subtitle
to acquire real property or an interest in real property.
(e) PUBLIC MEETINGS.—The management entity shall hold
public meetings at least annually regarding the implementation
of the management plan.
(f) ANNUAL REPORTS AND AUDITS.—
(1) For any year in which the management entity receives
Federal funds under this subtitle, the management entity shall
submit an annual report to the Secretary setting forth accom-
plishments, expenses and income, and each entity to which
any grant was made by the management entity.
(2) The management entity shall make available to the
Secretary for audit all records relating to the expenditure of
Federal funds and any matching funds. The management entity
shall also require, for all agreements authorizing expenditure
of Federal funds by other organizations, that the receiving
organization make available to the Secretary for audit all
records concerning the expenditure of those funds.
SEC. 206. DUTIES OF THE SECRETARY.
(a) TECHNICAL
AND FINANCIAL ASSISTANCE.—The Secretary
may, upon request of the management entity, provide technical
and financial assistance to develop and implement the management
plan.
(b) PRIORITY.—In providing assistance under subsection (a),
the Secretary shall give priority to actions that facilitate—
(1) the conservation of the significant natural, cultural,
historical, archaeological, scenic, and recreational resources of
the heritage area; and
(2) the provision of educational, interpretive, and rec-
reational opportunities consistent with the resources and associ-
ated values of the heritage area.
SEC. 207. PRIVATE PROPERTY PROTECTIONS; SAVINGS PROVISIONS.
(a) PRIVATE PROPERTY PROTECTION.—
(1) NOTIFICATION
AND
CONSENT
OF
PROPERTY
OWNERS
REQUIRED.—No privately owned property shall be preserved,
conserved, or promoted by the management plan for the Herit-
age 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 pro-
motion to the management entity.
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PUBLIC LAW 109–338—OCT. 12, 2006
(2) LANDOWNER WITHDRAWAL.—Any owner of private prop-
erty included within the boundary of the heritage area, shall
have their property immediately removed from within the
boundary by submitting a written request to the management
entity.
(3) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle
shall be construed to require any private property owner to
permit public access (including Federal, State, or local govern-
ment access) to such private property. Nothing in this subtitle
shall be construed to modify any provision of Federal, State,
or local law with regard to public access to or use of private
lands.
(4) 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 private property
owner with respect to any persons injured on such private
property.
(5) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—
Nothing in this subtitle shall be construed to modify any
authority of Federal, State, or local governments to regulate
land use.
(6) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERIT-
AGE
AREA.—Nothing in this subtitle shall be construed 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.
(b) EFFECT
OF ESTABLISHMENT.—The boundaries designated
for the heritage area represent the area within which Federal
funds appropriated for the purpose of this subtitle shall 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.
(c) TRIBAL LANDS.—Nothing in this subtitle shall restrict or
limit a tribe from protecting cultural or religious sites on tribal
lands.
(d) TRUST RESPONSIBILITIES.—Nothing in this subtitle shall
diminish the Federal Government’s trust responsibilities or govern-
ment-to-government obligations to any federally recognized Indian
tribe.
SEC. 208. SUNSET.
The authority of the Secretary to provide assistance under
this subtitle terminates on the date that is 15 years after the
date of enactment of this Act.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
carry out this subtitle $10,000,000, of which not more than
$1,000,000 may be authorized to be appropriated for any fiscal
year.
(b) COST-SHARING REQUIREMENT.—The Federal share of the
total cost of any activity assisted under this subtitle shall be not
more than 50 percent.
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120 STAT. 1791
PUBLIC LAW 109–338—OCT. 12, 2006
Subtitle B—Atchafalaya National Heritage
Area
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ‘‘Atchafalaya National Herit-
age Area Act’’.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Atchafalaya National Heritage Area established by section
213(a).
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the local coordinating entity for the Herit-
age Area designated by section 213(c).
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area developed
under section 215.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) STATE.—The term ‘‘State’’ means the State of Louisiana.
SEC. 213. ATCHAFALAYA NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is established in the State the
Atchafalaya National Heritage Area.
(b) BOUNDARIES.—The Heritage Area shall consist of the whole
of the following parishes in the State: St. Mary, Iberia, St. Martin,
St. Landry, Avoyelles, Pointe Coupee, Iberville, Assumption,
Terrebonne, Lafayette, West Baton Rouge, Concordia, East Baton
Rouge, and Ascension Parish.
(c) LOCAL COORDINATING ENTITY.—
(1) IN GENERAL.—The Atchafalaya Trace Commission shall
be the local coordinating entity for the Heritage Area.
(2) COMPOSITION.—The local coordinating entity shall be
composed of 14 members appointed by the governing authority
of each parish within the Heritage Area.
SEC. 214. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING
ENTITY.
(a) AUTHORITIES.—For the purposes of developing and imple-
menting the management plan and otherwise carrying out this
subtitle, the local coordinating entity may—
(1) make grants to, and enter into cooperative agreements
with, the State, units of local government, and private organiza-
tions;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) DUTIES.—The local coordinating entity shall—
(1) submit to the Secretary for approval a management
plan;
(2) implement the management plan, including providing
assistance to units of government and others in—
(A) carrying out programs that recognize important
resource values within the Heritage Area;
(B) encouraging sustainable economic development
within the Heritage Area;
Atchafalaya
National
Heritage Area
Act.
Louisiana.
16 USC 461 note.
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(C) establishing and maintaining interpretive sites
within the Heritage Area; and
(D) increasing public awareness of, and appreciation
for the natural, historic, and cultural resources of, the
Heritage Area;
(3) adopt bylaws governing the conduct of the local coordi-
nating entity; and
(4) for any year for which Federal funds are received under
this subtitle, submit to the Secretary a report that describes,
for the year—
(A) the accomplishments of the local coordinating
entity; and
(B) the expenses and income of the local coordinating
entity.
(c) ACQUISITION OF REAL PROPERTY.—The local coordinating
entity shall not use Federal funds received under this subtitle
to acquire real property or an interest in real property.
(d) PUBLIC MEETINGS.—The local coordinating entity shall con-
duct public meetings at least quarterly.
SEC. 215. MANAGEMENT PLAN.
(a) IN GENERAL.—The local coordinating entity shall develop
a management plan for the Heritage Area that incorporates an
integrated and cooperative approach to protect, interpret, and
enhance the natural, scenic, cultural, historic, and recreational
resources of the Heritage Area.
(b) CONSIDERATION OF OTHER PLANS AND ACTIONS.—In devel-
oping the management plan, the local coordinating entity shall—
(1) take into consideration State and local plans; and
(2) invite the participation of residents, public agencies,
and private organizations in the Heritage Area.
(c) CONTENTS.—The management plan shall include—
(1) an inventory of the resources in the Heritage Area,
including—
(A) a list of property in the Heritage Area that—
(i) relates to the purposes of the Heritage Area;
and
(ii) should be preserved, restored, managed, or
maintained because of the significance of the property;
and
(B) an assessment of cultural landscapes within the
Heritage Area;
(2) provisions for the protection, interpretation, and enjoy-
ment of the resources of the Heritage Area consistent with
this subtitle;
(3) an interpretation plan for the Heritage Area; and
(4) a program for implementation of the management plan
that includes—
(A) actions to be carried out by units of government,
private organizations, and public-private partnerships to
protect the resources of the Heritage Area; and
(B) the identification of existing and potential sources
of funding for implementing the plan.
(d) SUBMISSION TO SECRETARY FOR APPROVAL.—
(1) IN GENERAL.—Not later than 3 years after the date
on which funds are made available to carry out this subtitle,
Deadline.
Records.
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120 STAT. 1793
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the local coordinating entity shall submit the management
plan to the Secretary for approval.
(2) EFFECT OF FAILURE TO SUBMIT.—If a management plan
is not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this subtitle until a management plan for the
Heritage Area is submitted to the Secretary.
(e) APPROVAL.—
(1) IN GENERAL.—Not later than 90 days after receiving
the management plan submitted under subsection (d)(1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(2) ACTION FOLLOWING DISAPPROVAL.—
(A) IN
GENERAL.—If the Secretary disapproves a
management plan under paragraph (1), the Secretary
shall—
(i) advise the local coordinating entity in writing
of the reasons for the disapproval;
(ii) make recommendations for revisions to the
management plan; and
(iii) allow the local coordinating entity to submit
to the Secretary revisions to the management plan.
(B) DEADLINE FOR APPROVAL OF REVISION.—Not later
than 90 days after the date on which a revision is submitted
under subparagraph (A)(iii), the Secretary shall approve
or disapprove the revision.
(f) REVISION.—
(1) IN
GENERAL.—After approval by the Secretary of a
management 
plan, 
the 
local 
coordinating 
entity 
shall
periodically—
(A) review the management plan; and
(B) submit to the Secretary, for review and approval
by the Secretary, the recommendations of the local coordi-
nating entity for any revisions to the management plan
that the local coordinating entity considers to be appro-
priate.
(2) EXPENDITURE
OF
FUNDS.—No funds made available
under this subtitle shall be used to implement any revision
proposed by the local coordinating entity under paragraph (1)(B)
until the Secretary approves the revision.
SEC. 216. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) NOTIFICATION
AND
CONSENT
OF
PROPERTY
OWNERS
REQUIRED.—No privately owned property shall be preserved, con-
served, or promoted by the management plan for the Heritage
Area until the owner of that private property has been notified
in writing by the local coordinating entity and has given written
consent to the local coordinating entity for such preservation, con-
servation, or promotion.
(b) LANDOWNER WITHDRAWAL.—Any owner of private property
included within the boundary of the Heritage Area shall have
that private property immediately removed from the boundary by
submitting a written request to the local coordinating entity.
SEC. 217. PRIVATE PROPERTY PROTECTION.
(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle
shall be construed to—
Recommen-
dations.
Deadline.
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(1) require any private property owner to allow public
access (including Federal, State, or local government 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 private property owner with
respect to any persons injured on that private property.
(c) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE
AREA.—Nothing in this subtitle shall be construed to require the
owner of any private property located within the boundaries of
the Heritage Area to participate in or be associated with the Herit-
age Area.
SEC. 218. EFFECT OF SUBTITLE.
Nothing in this subtitle or in establishment of the Heritage
Area—
(1) grants any Federal agency regulatory authority over
any interest in the Heritage Area, unless cooperatively agreed
on by all involved parties;
(2) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate
any use of land as provided for by law (including regulations)
in existence on the date of enactment of this Act;
(3) grants any power of zoning or land use to the local
coordinating entity;
(4) imposes any environmental, occupational, safety, or
other rule, standard, or permitting process that is different
from those in effect on the date of enactment of this Act
that would be applicable had the Heritage Area not been estab-
lished;
(5)(A) imposes any change in Federal environmental quality
standards; or
(B) authorizes designation of any portion of the Heritage
Area that is subject to part C of title I of the Clean Air
Act (42 U.S.C. 7470 et seq.) as class 1 for the purposes of
that part solely by reason of the establishment of the Heritage
Area;
(6) authorizes any Federal or State agency to impose more
restrictive water use designations, or water quality standards
on uses of or discharges to, waters of the United States or
waters of the State within or adjacent to the Heritage Area
solely by reason of the establishment of the Heritage Area;
(7) abridges, restricts, or alters any applicable rule,
standard, or review procedure for permitting of facilities within
or adjacent to the Heritage Area; or
(8) affects the continuing use and operation, where located
on the date of enactment of this Act, of any public utility
or common carrier.
SEC. 219. REPORTS.
For any year in which Federal funds have been made available
under this subtitle, the local coordinating entity shall submit to
the Secretary a report that describes—
(1) the accomplishments of the local coordinating entity;
and
(2) the expenses and income of the local coordinating entity.
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SEC. 220. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated to
carry out this subtitle $10,000,000, to remain available until
expended, of which not more than $1,000,000 may be authorized
to be appropriated for any fiscal year.
(b) COST-SHARING REQUIREMENT.—The Federal share of the
total cost of any activity assisted under this subtitle shall be not
more than 50 percent unless the Secretary determines that no
reasonable means are available through which the local coordi-
nating entity can meet its cost sharing requirement for that activity.
SEC. 221. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance to the
local coordinating entity under this subtitle terminates on the date
that is 15 years after the date of enactment of this Act.
Subtitle C—Arabia Mountain National
Heritage Area
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ‘‘Arabia Mountain National
Heritage Area Act’’.
SEC. 232. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) The Arabia Mountain area contains a variety of natural,
cultural, historical, scenic, and recreational resources that
together represent distinctive aspects of the heritage of the
United States that are worthy of recognition, conservation,
interpretation, and continuing use.
(2) The best methods for managing the resources of the
Arabia Mountain area would be through partnerships between
public and private entities that combine diverse resources and
active communities.
(3) Davidson-Arabia Mountain Nature Preserve, a 535-acre
park in DeKalb County, Georgia—
(A) protects granite outcrop ecosystems, wetland, and
pine and oak forests; and
(B) includes federally-protected plant species.
(4) Panola Mountain, a national natural landmark, located
in the 860-acre Panola Mountain State Conservation Park,
is a rare example of a pristine granite outcrop.
(5) The archaeological site at Miners Creek Preserve along
the South River contains documented evidence of early human
activity.
(6) The city of Lithonia, Georgia, and related sites of Arabia
Mountain and Stone Mountain possess sites that display the
history of granite mining as an industry and culture in Georgia,
and the impact of that industry on the United States.
(7) The community of Klondike is eligible for designation
as a National Historic District.
(8) The city of Lithonia has 2 structures listed on the
National Register of Historic Places.
(b) PURPOSES.—The purposes of this subtitle are as follows:
(1) To recognize, preserve, promote, interpret, and make
available for the benefit of the public the natural, cultural,
Arabia Mountain
National
Heritage Area
Act.
Georgia.
16 USC 461 note.
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PUBLIC LAW 109–338—OCT. 12, 2006
historical, scenic, and recreational resources in the area that
includes Arabia Mountain, Panola Mountain, Miners Creek,
and other significant sites and communities.
(2) To assist the State of Georgia and the counties of
DeKalb, Rockdale, and Henry in the State in developing and
implementing an integrated cultural, historical, and land
resource management program to protect, enhance, and inter-
pret the significant resources within the heritage area.
SEC. 233. DEFINITIONS.
In this subtitle:
(1) HERITAGE AREA.—The term ‘‘heritage area’’ means the
Arabia Mountain National Heritage Area established by section
234(a).
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the Arabia Mountain Heritage Area Alli-
ance or a successor of the Arabia Mountain Heritage Area
Alliance.
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’
means the management plan for the heritage area developed
under section 236.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) STATE.—The term ‘‘State’’ means the State of Georgia.
SEC. 234. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is established the Arabia Mountain
National Heritage Area in the State.
(b) BOUNDARIES.—The heritage area shall consist of certain
parcels of land in the counties of DeKalb, Rockdale, and Henry
in the State, as generally depicted on the map entitled ‘‘Arabia
Mountain National Heritage Area’’, numbered AMNHA–80,000, and
dated October 2003.
(c) AVAILABILITY OF MAP.—The map shall be on file and avail-
able for public inspection in the appropriate offices of the National
Park Service.
(d) LOCAL COORDINATING ENTITY.—The Arabia Mountain Herit-
age Area Alliance shall be the local coordinating entity for the
heritage area.
SEC. 235. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING
ENTITY.
(a) AUTHORITIES.—For purposes of developing and imple-
menting the management plan, the local coordinating entity may—
(1) make grants to, and enter into cooperative agreements
with, the State, political subdivisions of the State, and private
organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) DUTIES.—
(1) MANAGEMENT PLAN.—
(A) IN GENERAL.—The local coordinating entity shall
develop and submit to the Secretary the management plan.
(B) CONSIDERATIONS.—In developing and implementing
the management plan, the local coordinating entity shall
consider the interests of diverse governmental, business,
and nonprofit groups within the heritage area.
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(2) PRIORITIES.—The local coordinating entity shall give
priority to implementing actions described in the management
plan, including the following:
(A) Assisting units of government and nonprofit
organizations in preserving resources within the heritage
area.
(B) Encouraging local governments to adopt land use
policies consistent with the management of the heritage
area and the goals of the management plan.
(3) PUBLIC MEETINGS.—The local coordinating entity shall
conduct public meetings at least quarterly on the implementa-
tion of the management plan.
(4) ANNUAL REPORT.—For any year in which Federal funds
have been made available under this title, the local coordinating
entity shall submit to the Secretary an annual report that
describes the following:
(A) The accomplishments of the local coordinating
entity.
(B) The expenses and income of the local coordinating
entity.
(5) AUDIT.—The local coordinating entity shall—
(A) make available to the Secretary for audit all records
relating to the expenditure of Federal funds and any
matching funds; and
(B) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that
the receiving organizations make available to the Secretary
for audit all records concerning the expenditure of those
funds.
(c) USE OF FEDERAL FUNDS.—
(1) IN GENERAL.—The local coordinating entity shall not
use Federal funds made available under this title to acquire
real property or an interest in real property.
(2) OTHER SOURCES.—Nothing in this title precludes the
local coordinating entity from using Federal funds made avail-
able under other Federal laws for any purpose for which the
funds are authorized to be used.
SEC. 236. MANAGEMENT PLAN.
(a) IN GENERAL.—The local coordinating entity shall develop
a management plan for the heritage area that incorporates an
integrated and cooperative approach to protect, interpret, and
enhance the natural, cultural, historical, scenic, and recreational
resources of the heritage area.
(b) BASIS.—The management plan shall be based on the pre-
ferred concept in the document entitled ‘‘Arabia Mountain National
Heritage Area Feasibility Study’’, dated February 28, 2001.
(c) CONSIDERATION
OF
OTHER
PLANS
AND
ACTIONS.—The
management plan shall—
(1) take into consideration State and local plans; and
(2) involve residents, public agencies, and private organiza-
tions in the heritage area.
(d) REQUIREMENTS.—The management plan shall include the
following:
(1) An inventory of the resources in the heritage area,
including—
(A) a list of property in the heritage area that—
Records.
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120 STAT. 1798
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(i) relates to the purposes of the heritage area;
and
(ii) should be preserved, restored, managed, or
maintained because of the significance of the property;
and
(B) an assessment of cultural landscapes within the
heritage area.
(2) Provisions for the protection, interpretation, and enjoy-
ment of the resources of the heritage area consistent with
the purposes of this subtitle.
(3) An interpretation plan for the heritage area.
(4) A program for implementation of the management plan
that includes—
(A) actions to be carried out by units of government,
private organizations, and public-private partnerships to
protect the resources of the heritage area; and
(B) the identification of existing and potential sources
of funding for implementing the plan.
(5) A description and evaluation of the local coordinating
entity, including the membership and organizational structure
of the local coordinating entity.
(e) SUBMISSION TO SECRETARY FOR APPROVAL.—
(1) IN GENERAL.—Not later than 3 years after the date
on which funds are made available to carry out this subtitle,
the local coordinating entity shall submit the management
plan to the Secretary for approval.
(2) EFFECT OF FAILURE TO SUBMIT.—If a management plan
is not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this subtitle until such date as a management
plan for the heritage area is submitted to the Secretary.
(f) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 90 days after receiving
the management plan submitted under subsection (e), the Sec-
retary, in consultation with the State, shall approve or dis-
approve the management plan.
(2) ACTION FOLLOWING DISAPPROVAL.—
(A) REVISION.—If the Secretary disapproves a manage-
ment plan submitted under paragraph (1), the Secretary
shall—
(i) advise the local coordinating entity in writing
of the reasons for the disapproval;
(ii) make recommendations for revisions to the
management plan; and
(iii) allow the local coordinating entity to submit
to the Secretary revisions to the management plan.
(B) DEADLINE FOR APPROVAL OF REVISION.—Not later
than 90 days after the date on which a revision is submitted
under subparagraph (A)(iii), the Secretary shall approve
or disapprove the revision.
(g) REVISION OF MANAGEMENT PLAN.—
(1) IN
GENERAL.—After approval by the Secretary of a
management 
plan, 
the 
local 
coordinating 
entity 
shall
periodically—
(A) review the management plan; and
Deadline.
Deadline.
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120 STAT. 1799
PUBLIC LAW 109–338—OCT. 12, 2006
(B) submit to the Secretary, for review and approval
by the Secretary, the recommendations of the local coordi-
nating entity for any revisions to the management plan
that the local coordinating entity considers to be appro-
priate.
(2) EXPENDITURE
OF
FUNDS.—No funds made available
under this subtitle shall be used to implement any revision
proposed by the local coordinating entity under paragraph (1)(B)
until the Secretary approves the revision.
SEC. 237. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) IN GENERAL.—At the request of the local coordinating entity,
the Secretary may provide technical and financial assistance to
the heritage area to develop and implement the management plan.
(b) PRIORITY.—In providing assistance under subsection (a),
the Secretary shall give priority to actions that facilitate—
(1) the conservation of the significant natural, cultural,
historical, scenic, and recreational resources that support the
purposes of the heritage area; and
(2) the provision of educational, interpretive, and rec-
reational opportunities that are consistent with the resources
and associated values of the heritage area.
SEC. 238. EFFECT ON CERTAIN AUTHORITY.
(a) OCCUPATIONAL, SAFETY, CONSERVATION, AND
ENVIRON-
MENTAL REGULATION.—Nothing in this subtitle—
(1) imposes an occupational, safety, conservation, or
environmental regulation on the heritage area that is more
stringent than the regulations that would be applicable to
the land described in section 234(b) but for the establishment
of the heritage area by section 234(a); or
(2) authorizes a Federal agency to promulgate an occupa-
tional, safety, conservation, or environmental regulation for
the heritage area that is more stringent than the regulations
applicable to the land described in section 234(b) as of the
date of enactment of this Act, solely as a result of the establish-
ment of the heritage area by section 234(a).
(b) LAND USE REGULATION.—Nothing in this subtitle—
(1) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate
any use of land as provided for by law (including regulations)
in existence on the date of enactment of this Act; or
(2) grants powers of zoning or land use to the local coordi-
nating entity.
SEC. 239. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated to
carry out this subtitle $10,000,000, to remain available until
expended, of which not more than $1,000,000 may be authorized
to be appropriated for any fiscal year.
(b) FEDERAL SHARE.—The Federal share of the cost of any
project or activity carried out using funds made available under
this subtitle shall not exceed 50 percent.
SEC. 240. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under
this subsubtitle terminates on the date that is 15 years after the
date of enactment of this Act.
Recommen-
dations.
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PUBLIC LAW 109–338—OCT. 12, 2006
SEC. 241. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) NOTIFICATION
AND
CONSENT
OF
PROPERTY
OWNERS
REQUIRED.—No privately owned property shall be preserved, con-
served, 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 manage-
ment 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 submit-
ting a written request to the management entity.
SEC. 242. PRIVATE PROPERTY PROTECTION.
(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle
shall be construed to—
(1) require any private property owner to allow public
access (including Federal, State, or local government 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 private property owner with
respect to any persons injured on such private property.
(c) RECOGNITION
OF AUTHORITY TO CONTROL LAND USE.—
Nothing in this subtitle 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 subtitle shall be construed to require the
owner of any private property located within the boundaries of
the Heritage Area to participate in or be associated with the Herit-
age 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 subtitle 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 Sec-
retary, the National Park Service, or the management entity.
Subtitle D—Mormon Pioneer National
Heritage Area
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ‘‘Mormon Pioneer National
Heritage Area Act’’.
SEC. 252. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) the historical, cultural, and natural heritage legacies
of Mormon colonization and settlement are nationally signifi-
cant;
(2) in the area starting along the Highway 89 corridor
at the Arizona border, passing through Kane, Garfield, Piute,
Sevier, Wayne, and Sanpete Counties in the State of Utah,
Mormon Pioneer
National
Heritage Area
Act.
Utah.
16 USC 461 note.
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PUBLIC LAW 109–338—OCT. 12, 2006
and terminating in Fairview, Utah, there are a variety of
heritage resources that demonstrate—
(A) the colonization of the western United States; and
(B) the expansion of the United States as a major
world power;
(3) the great relocation to the western United States was
facilitated by—
(A) the 1,400-mile trek from Illinois to the Great Salt
Lake by the Mormon pioneers; and
(B) the subsequent colonization effort in Nevada, Utah,
the southeast corner of Idaho, the southwest corner of
Wyoming, large areas of southeastern Oregon, much of
southern California, and areas along the eastern border
of California;
(4) the 250-mile Highway 89 corridor from Kanab to Fair-
view, Utah, contains some of the best features of the Mormon
colonization experience in the United States;
(5) the landscape, architecture, traditions, beliefs, folk life,
products, and events along Highway 89 convey the heritage
of the pioneer settlement;
(6) the Boulder Loop, Capitol Reef National Park, Zion
National Park, Bryce Canyon National Park, and the Highway
89 area convey the compelling story of how early settlers—
(A) interacted with Native Americans; and
(B) established towns and cities in a harsh, yet spectac-
ular, natural environment;
(7) the colonization and settlement of the Mormon settlers
opened up vast amounts of natural resources, including coal,
uranium, silver, gold, and copper;
(8) the Mormon colonization played a significant role in
the history and progress of the development and settlement
of the western United States; and
(9) the artisans, crafters, innkeepers, outfitters, farmers,
ranchers, loggers, miners, historic landscape, customs, national
parks, and architecture in the Heritage Area make the Heritage
Area unique.
(b) PURPOSE.—The purpose of this subtitle is to establish the
Heritage Area to—
(1) foster a close working relationship with all levels of
government, the private sector, residents, business interests,
and local communities in the State;
(2) empower communities in the State to conserve, pre-
serve, and enhance the heritage of the communities while
strengthening future economic opportunities;
(3) conserve, interpret, and develop the historical, cultural,
natural, and recreational resources within the Heritage Area;
and
(4) expand, foster, and develop heritage businesses and
products relating to the cultural heritage of the Heritage Area.
SEC. 253. DEFINITIONS.
In this subtitle:
(1) ALLIANCE.—The term ‘‘Alliance’’ means the Utah Herit-
age Highway 89 Alliance.
(2) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Mormon Pioneer National Heritage Area established by section
254(a).
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PUBLIC LAW 109–338—OCT. 12, 2006
(3) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the local coordinating entity for the Herit-
age Area designated by section 255(a).
(4) MANAGEMENT
PLAN.—The term ‘‘management plan’’
means the plan developed by the local coordinating entity under
section 256(a).
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) STATE.—The term ‘‘State’’ means the State of Utah.
SEC. 254. MORMON PIONEER NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is established the Mormon Pioneer
National Heritage Area.
(b) BOUNDARIES.—
(1) IN
GENERAL.—The boundaries of the Heritage Area
shall include areas in the State—
(A) that are related to the corridors—
(i) from the Arizona border northward through
Kanab, Utah, and to the intersection of Highway 89
and Highway 12, including Highway 12 and Highway
24 as those highways loop off Highway 89 and rejoin
Highway 89 at Sigurd;
(ii) from Highway 89 at the intersection of High-
way 12 through Panguitch, Junction, Marysvale, and
Sevier County to Sigurd;
(iii) continuing northward along Highway 89
through Axtell and Sterling, Sanpete County, to Fair-
view, Sanpete County, at the junction with Utah High-
way 31; and
(iv) continuing northward along Highway 89
through Fairview and Thistle Junction, to the junction
with Highway 6; and
(B) including the following communities: Kanab, Mt.
Carmel, Orderville, Glendale, Alton, Cannonville, Tropic,
Henrieville, 
Escalante, 
Boulder, 
Teasdale, 
Fruita,
Hanksville, Torrey, Bicknell, Loa, Hatch, Panquitch,
Circleville, Antimony, Junction, Marysvale, Koosharem,
Sevier, Joseph, Monroe, Elsinore, Richfield, Glenwood,
Sigurd, Aurora, Salina, Mayfield, Sterling, Gunnison, Fay-
ette, Manti, Ephraim, Spring City, Mt. Pleasant, Moroni,
Fountain Green, and Fairview.
(2) MAP.—The Secretary shall prepare a map of the Herit-
age Area, which shall be on file and available for public inspec-
tion in the office of the Director of the National Park Service.
(3) NOTICE
TO
LOCAL
GOVERNMENTS.—The local coordi-
nating entity shall provide to the government of each city,
town, and county that has jurisdiction over property proposed
to be included in the Heritage Area written notice of the pro-
posed inclusion.
(c) ADMINISTRATION.—The Heritage Area shall be administered
in accordance with this subtitle.
SEC. 255. DESIGNATION OF ALLIANCE AS LOCAL COORDINATING
ENTITY.
(a) IN GENERAL.—The Board of Directors of the Alliance shall
be the local coordinating entity for the Heritage Area.
(b) FEDERAL FUNDING.—
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(1) AUTHORIZATION TO RECEIVE FUNDS.—The local coordi-
nating entity may receive amounts made available to carry
out this subtitle.
(2) DISQUALIFICATION.—If a management plan is not sub-
mitted to the Secretary as required under section 256 within
the time period specified in that section, the local coordinating
entity may not receive Federal funding under this subtitle
until a management plan is submitted to the Secretary.
(c) USE OF FEDERAL FUNDS.—The local coordinating entity may,
for the purposes of developing and implementing the management
plan, use Federal funds made available under this subtitle—
(1) to make grants to the State, political subdivisions of
the State, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with or provide
technical assistance to the State, political subdivisions of the
State, nonprofit organizations, and other organizations;
(3) to hire and compensate staff;
(4) to obtain funds from any source under any program
or law requiring the recipient of funds to make a contribution
in order to receive the funds; and
(5) to contract for goods and services.
(d) PROHIBITION OF ACQUISITION OF REAL PROPERTY.—The local
coordinating entity shall not use Federal funds received under
this subtitle to acquire real property or any interest in real property.
SEC. 256. MANAGEMENT OF THE HERITAGE AREA.
(a) HERITAGE AREA MANAGEMENT PLAN.—
(1) DEVELOPMENT AND SUBMISSION FOR REVIEW.—Not later
than 3 years after the date on which funds are made available
to carry out the subtitle, the local coordinating entity, with
public participation, shall develop and submit for review to
the Secretary a management plan for the Heritage Area.
(2) CONTENTS.—The management plan shall—
(A) present comprehensive recommendations for the
conservation, funding, management, and development of
the Heritage Area;
(B) take into consideration Federal, State, county, and
local plans;
(C) involve residents, public agencies, and private
organizations in the Heritage Area;
(D) include a description of actions that units of govern-
ment and private organizations are recommended to take
to protect the resources of the Heritage Area;
(E) specify existing and potential sources of Federal
and non-Federal funding for the conservation, manage-
ment, and development of the Heritage Area; and
(F) include—
(i) an inventory of resources in the Heritage Area
that—
(I) includes a list of property in the Heritage
Area that should be conserved, restored, managed,
developed, or maintained because of the historical,
cultural, or natural significance of the property
as the property relates to the themes of the Herit-
age Area; and
Records.
Recommen-
dations.
Deadline.
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(II) does not include any property that is pri-
vately owned unless the owner of the property
consents in writing to the inclusion;
(ii) a recommendation of policies for resource
management that consider the application of appro-
priate land and water management techniques,
including policies for the development of intergovern-
mental cooperative agreements to manage the histor-
ical, cultural, and natural resources and recreational
opportunities of the Heritage Area in a manner that
is consistent with the support of appropriate and
compatible economic viability;
(iii) a program for implementation of the manage-
ment plan, including plans for restoration and
construction;
(iv) a description of any commitments that have
been made by persons interested in management of
the Heritage Area;
(v) an analysis of means by which Federal, State,
and local programs may best be coordinated to promote
the purposes of this subtitle; and
(vi) an interpretive plan for the Heritage Area.
(3) APPROVAL OR DISAPPROVAL OF THE MANAGEMENT PLAN.—
(A) IN GENERAL.—Not later than 180 days after submis-
sion of the management plan by the local coordinating
entity, the Secretary shall approve or disapprove the
management plan.
(B) DISAPPROVAL AND REVISIONS.—
(i) IN GENERAL.—If the Secretary disapproves the
management plan, the Secretary shall—
(I) advise the local coordinating entity, in
writing, of the reasons for the disapproval; and
(II) make recommendations for revision of the
management plan.
(ii) APPROVAL
OR
DISAPPROVAL.—The Secretary
shall approve or disapprove proposed revisions to the
management plan not later than 60 days after receipt
of the revisions from the local coordinating entity.
(b) PRIORITIES.—The local coordinating entity shall give priority
to the implementation of actions, goals, and policies set forth in
the management plan, including—
(1) assisting units of government, regional planning
organizations, and nonprofit organizations in—
(A) conserving the historical, cultural, and natural
resources of the Heritage Area;
(B) establishing and maintaining interpretive exhibits
in the Heritage Area;
(C) developing recreational opportunities in the Herit-
age Area;
(D) increasing public awareness of and appreciation
for the historical, cultural, and natural resources of the
Heritage Area;
(E) restoring historic buildings that are—
(i) located within the boundaries of the Heritage
Area; and
(ii) related to the theme of the Heritage Area;
and
Deadline.
Recommen-
dations.
Deadline.
Recommen-
dations.
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(F) ensuring that clear, consistent, and environ-
mentally appropriate signs identifying access points and
sites of interest are put in place throughout the Heritage
Area; and
(2) consistent with the goals of the management plan,
encouraging economic viability in the affected communities by
appropriate means, including encouraging and soliciting the
development of heritage products.
(c) CONSIDERATION OF INTERESTS OF LOCAL GROUPS.—In devel-
oping and implementing the management plan, the local coordi-
nating entity shall consider the interests of diverse units of govern-
ment, businesses, private property owners, and nonprofit organiza-
tions in the Heritage Area.
(d) PUBLIC MEETINGS.—The local coordinating entity shall con-
duct public meetings at least annually regarding the implementa-
tion of the management plan.
(e) ANNUAL REPORTS.—For any fiscal year in which the local
coordinating entity receives Federal funds under this subtitle, the
local coordinating entity shall submit to the Secretary an annual
report that describes—
(1) the accomplishments of the local coordinating entity;
(2) the expenses and income of the local coordinating entity;
and
(3) the entities to which the local coordinating entity made
any grants during the year for which the report is made.
(f) COOPERATION WITH AUDITS.—For any fiscal year in which
the local coordinating entity receives Federal funds under this
subtitle, the local coordinating entity shall—
(1) make available for audit by Congress, the Secretary,
and appropriate units of government all records and other
information relating to the expenditure of the Federal funds
and any matching funds; and
(2) require, with respect to all agreements authorizing
expenditure of the Federal funds by other organizations, that
the receiving organizations make available for audit all records
and other information relating to the expenditure of the Federal
funds.
(g) DELEGATION.—
(1) IN GENERAL.—The local coordinating entity may dele-
gate the responsibilities and actions under this subtitle for
each area identified in section 254(b)(1).
(2) REVIEW.—All delegated responsibilities and actions are
subject to review and approval by the local coordinating entity.
SEC. 257. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) TECHNICAL ASSISTANCE AND GRANTS.—
(1) IN
GENERAL.—The Secretary may provide technical
assistance and, subject to the availability of appropriations,
grants to—
(A) units of government, nonprofit organizations, and
other persons, at the request of the local coordinating
entity; and
(B) the local coordinating entity, for use in developing
and implementing the management plan.
(2) PROHIBITION
OF
CERTAIN
REQUIREMENTS.—The Sec-
retary may not, as a condition of the award of technical assist-
ance or grants under this subtitle, require any recipient of
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the technical assistance or a grant to enact or modify any
land use restriction.
(3) DETERMINATIONS
REGARDING
ASSISTANCE.—The Sec-
retary shall determine whether a unit of government, nonprofit
organization, or other person shall be awarded technical assist-
ance or grants and the amount of technical assistance—
(A) based on the extent to which the assistance—
(i) fulfills the objectives of the management plan;
and
(ii) achieves the purposes of this subtitle; and
(B) after giving special consideration to projects that
provide a greater leverage of Federal funds.
(b) PROVISION OF INFORMATION.—In cooperation with other Fed-
eral agencies, the Secretary shall provide the public with informa-
tion concerning the location and character of the Heritage Area.
(c) OTHER ASSISTANCE.—The Secretary may enter into coopera-
tive agreements with public and private organizations for the pur-
poses of implementing this subtitle.
(d) DUTIES OF OTHER FEDERAL AGENCIES.—A Federal entity
conducting any activity directly affecting the Heritage Area shall—
(1) consider the potential effect of the activity on the
management plan; and
(2) consult with the local coordinating entity with respect
to the activity to minimize the adverse effects of the activity
on the Heritage Area.
SEC. 258A. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) NOTIFICATION
AND
CONSENT
OF
PROPERTY
OWNERS
REQUIRED.—No privately owned property shall be preserved, con-
served, 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 manage-
ment 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 submit-
ting a written request to the management entity.
SEC. 258B. 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 government 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 private 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 construed to require the owner
of any private property located within the boundaries of the Herit-
age Area to participate in or be associated with the Heritage Area.
Public
information.
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(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. 259. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated to
carry out this subtitle $10,000,000, to remain available until
expended, of which not more than $1,000,000 may be authorized
to be appropriated for any fiscal year.
(b) FEDERAL SHARE.—The Federal share of the cost of any
activity carried out using funds made available under this subtitle
shall not exceed 50 percent.
SEC. 260. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under
this subtitle terminates on the date that is 15 years after the
date of enactment of this Act.
Subtitle E—Freedom’s Frontier National
Heritage Area
SEC. 261. SHORT TITLE.
This subtitle may be cited as the ‘‘Freedom’s Frontier National
Heritage Area Act’’.
SEC. 262. PURPOSE.
The purpose of this subtitle is to use preservation, conservation,
education, interpretation, and recreation in eastern Kansas and
Western Missouri in heritage development and sustainability of
the American story recognized by the American people.
SEC. 263. DEFINITIONS.
In this subtitle:
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Freedom’s Frontier National Heritage Area in eastern Kansas
and western Missouri.
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means Territorial Kansas Heritage Alliance, rec-
ognized by the Secretary, in consultation with the Governors
of the States, that agrees to perform the duties of a local
coordinating entity under this subtitle, so long as that Alliance
is composed of not less than 25 percent residents of Missouri.
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area developed
under section 264(e).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) STATE.—The term ‘‘State’’ means each of the States
of Kansas and Missouri.
(6) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local
government’’ means the government of a State, a political sub-
division of a State, or an Indian tribe.
Freedom’s
Frontier National
Heritage Area
Act.
Kansas.
Missouri.
16 USC 461 note.
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SEC. 264. FREEDOM’S FRONTIER NATIONAL HERITAGE AREA.
(a) ESTABLISHMENT.—There is established in the States the
Freedom’s Frontier National Heritage Area.
(b) BOUNDARIES.—The Heritage Area may include the following:
(1) An area located in eastern Kansas and western Mis-
souri, consisting of—
(A) Allen, Anderson, Atchison, Bourbon, Chautauqua,
Cherokee, Clay, Coffey, Crawford, Douglas, Franklin,
Geary, Jackson, Johnson, Labette, Leavenworth, Linn,
Miami, Neosho, Pottawatomie, Riley, Shawnee, Wabaunsee,
Wilson, Woodson, Jefferson, Montgomery, Osage, and
Wyandotte Counties in Kansas; and
(B) Buchanan, Platte, Clay, Ray, Lafayette, Jackson,
Cass, Johnson, Bates, Vernon, Barton, and St. Clair Coun-
ties in Missouri.
(2) Contributing sites, buildings, and districts within the
area that are recommended by the management plan.
(c) MAP.—The final boundary of the Heritage Area within the
counties identified in subsection (b)(1) shall be specified in the
management plan. A map of the Heritage Area shall be included
in the management plan. The map shall be on file in the appropriate
offices of the National Park Service, Department of the Interior.
(d) LOCAL COORDINATING ENTITY.—
(1) IN
GENERAL.—The local coordinating entity for the
Heritage Area shall be Territorial Kansas Heritage Alliance,
a nonprofit organization established in the State of Kansas,
recognized by the Secretary, in consultation with the Governors
of the States, so long as that Alliance is composed of not
less than 25 percent residents of Missouri and agrees to perform
the duties of the local coordinating entity under this subtitle.
(2) AUTHORITIES.—For purposes of developing and imple-
menting the management plan, the local coordinating entity
may—
(A) make grants to, and enter into cooperative agree-
ments with, the States, political subdivisions of the States,
and private organizations;
(B) hire and compensate staff; and
(C) enter into contracts for goods and services.
(e) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
on which funds are made available to carry out this subtitle,
the local coordinating entity shall develop and submit to the
Secretary a management plan reviewed by participating units
of local government within the boundaries of the proposed
Heritage Area.
(2) CONTENTS.—The management plan shall—
(A) present a comprehensive program for the conserva-
tion, interpretation, funding, management, and develop-
ment of the Heritage Area, in a manner consistent with
the existing local, State, and Federal land use laws and
compatible economic viability of the Heritage Area;
(B) establish criteria or standards to measure what
is selected for conservation, interpretation, funding,
management, and development;
(C) involve residents, public agencies, and private
organizations working in the Heritage Area;
Standards.
Deadline.
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(D) specify and coordinate, as of the date of the
management plan, existing and potential sources of tech-
nical and financial assistance under this and other Federal
laws to protect, manage, and develop the Heritage Area;
and
(E) include—
(i) actions to be undertaken by units of government
and private organizations to protect, conserve, and
interpret the resources of the Heritage Area;
(ii) 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 meets the establishing criteria
(such as, but not exclusive to, visitor readiness) to
merit preservation, restoration, management, develop-
ment, or maintenance because of its natural, cultural,
historical, or recreational significance;
(iii) policies for resource management including
the development of intergovernmental cooperative
agreements, private sector agreements, or any com-
bination thereof, to protect the historical, cultural, rec-
reational, and natural resources of the Heritage Area
in a manner consistent with supporting appropriate
and compatible economic viability;
(iv) a program for implementation of the manage-
ment plan by the designated local coordinating entity,
in cooperation with its partners and units of local
government;
(v) evidence that relevant State, county, and local
plans applicable to the Heritage Area have been taken
into consideration;
(vi) an analysis of ways in which local, State, and
Federal programs may best be coordinated to promote
the purposes of this subtitle; and
(vii) a business plan that—
(I) describes in detail the role, operation,
financing, and functions of the local coordinating
entity for each activity included in the rec-
ommendations contained in the management plan;
and
(II) provides, to the satisfaction of the Sec-
retary, adequate assurances that the local coordi-
nating entity is likely to have the financial
resources necessary to implement the management
plan for the Heritage Area, including resources
to meet matching requirement for grants awarded
under this subtitle.
(3) CONSIDERATIONS.—In developing and implementing the
management plan, the local coordinating entity shall consider
the interests of diverse governmental, business, and nonprofit
groups within the Heritage Area.
(4) DISQUALIFICATION
FROM
FUNDING.—If a proposed
management plan is not submitted to the Secretary within
3 years after the date on which funds are made available
to carry out this subtitle, the local coordinating entity shall
be ineligible to receive additional funding under this subtitle
Deadline.
Records.
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until the date on which the Secretary receives the proposed
management plan.
(5) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLAN.—
The Secretary shall approve or disapprove the proposed
management plan submitted under this subtitle not later than
90 days after receiving such proposed management plan.
(6) ACTION FOLLOWING DISAPPROVAL.—If the Secretary dis-
approves a proposed management plan, the Secretary shall
advise the local coordinating entity in writing of the reasons
for the disapproval and shall make recommendations for revi-
sions to the proposed management plan. The Secretary shall
approve or disapprove a proposed revision within 90 days after
the date it is submitted.
(7) APPROVAL OF AMENDMENTS.—The Secretary shall review
and approve substantial amendments to the management plan.
Funds appropriated under this subtitle may not be expended
to implement any changes made by such amendment until
the Secretary approves the amendment.
(8) IMPLEMENTATION.—
(A) PRIORITIES.—The local coordinating entity shall
give priority to implementing actions described in the
management plan, including—
(i) assisting units of government and nonprofit
organizations in preserving resources within the Herit-
age Area; and
(ii) encouraging local governments to adopt land
use policies consistent with the management of the
Heritage Area and the goals of the management plan.
(B) PUBLIC MEETINGS.—The local coordinating entity
shall conduct public meetings at least quarterly on the
implementation of the management plan. Not less than
25 percent of the public meetings shall be conducted in
Missouri.
(f) PUBLIC NOTICE.—The local coordinating entity shall place
a notice of each of its public meetings in a newspaper of general
circulation in the Heritage Area and shall make the minutes of
the meeting available to the public.
(g) ANNUAL REPORT.—For any year in which Federal funds
have been made available under this subtitle, the local coordinating
entity shall submit to the Secretary an annual report that
describes—
(1) the accomplishments of the local coordinating entity;
and
(2) the expenses and income of the local coordinating entity.
(h) AUDIT.—The local coordinating entity shall—
(1) make available to the Secretary for audit all records
relating to the expenditure of Federal funds and any matching
funds; and
(2) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
receiving organizations make available to the Secretary for
audit all records concerning the expenditure of the Federal
funds and any matching funds.
(i) USE OF FEDERAL FUNDS.—
(1) IN GENERAL.—No Federal funds made available under
this subtitle may be used to acquire real property or an interest
in real property.
Recommen-
dations.
Deadline.
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120 STAT. 1811
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(2) OTHER SOURCES.—Nothing in this subtitle precludes
the local coordinating entity from using Federal funds made
available under other Federal laws for any purpose for which
the funds are authorized to be used.
SEC. 265. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL
AGENCIES.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—On the request of the local coordinating
entity, the Secretary may provide technical and financial assist-
ance for the development and implementation of the manage-
ment plan.
(2) PRIORITY
FOR
ASSISTANCE.—In providing assistance
under paragraph (1), the Secretary shall give priority to actions
that assist in—
(A) conserving the significant cultural, historic, and
natural resources of the Heritage Area; and
(B) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes of the
Heritage Area.
(3) SPENDING
FOR
NON-FEDERAL
PROPERTY.—The local
coordinating entity may expend Federal funds made available
under this subtitle on non-Federal property that—
(A) meets the criteria in the approved management
plan; or
(B) is listed or eligible for listing on the National
Register of Historic Places.
(4) OTHER
ASSISTANCE.—The Secretary may enter into
cooperative agreements with public and private organizations
to carry out this subsection.
(b) OTHER FEDERAL AGENCIES.—Any Federal entity conducting
or supporting an activity that directly affects the Heritage Area
shall—
(1) consider the potential effect of the activity on the pur-
poses of the Heritage Area and the management plan;
(2) consult with the local coordinating entity regarding
the activity; and
(3) to the maximum extent practicable, conduct or support
the activity to avoid adverse effects on the Heritage Area.
(c) OTHER ASSISTANCE NOT AFFECTED.—This subtitle does not
affect the authority of any Federal official to provide technical
or financial assistance under any other law.
(d) NOTIFICATION OF OTHER FEDERAL ACTIVITIES.—The head
of each Federal agency shall provide to the Secretary and the
local coordinating entity, to the extent practicable, advance notice
of all activities that may have an impact on the Heritage Area.
SEC. 266. PRIVATE PROPERTY PROTECTION.
(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle
shall be construed to require any private property owner to permit
public access (including Federal, State, or local government access)
to such private property. Nothing in this subtitle shall be construed
to modify any provision of Federal, State, or local law with regard
to public access to or use of private lands.
(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 private property owner with
respect to any persons injured on such private property.
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(c) RECOGNITION
OF AUTHORITY TO CONTROL LAND USE.—
Nothing in this subtitle shall be construed to modify any authority
of Federal, State, or local governments to regulate land use.
(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE
AREAS.—Nothing in this subtitle shall be construed to require the
owner of any private property located within the boundaries of
the Heritage Area to participate in or be associated with the Herit-
age Area.
(e) LAND USE REGULATION.—
(1) IN GENERAL.—The local coordinating entity shall provide
assistance and encouragement to State and local governments,
private organizations, and persons to protect and promote the
resources and values of the Heritage Area.
(2) EFFECT.—Nothing in this subtitle—
(A) affects the authority of the State or local govern-
ments to regulate under law any use of land; or
(B) grants any power of zoning or land use to the
local coordinating entity.
(f) PRIVATE PROPERTY.—
(1) IN GENERAL.—The local coordinating entity shall be
an advocate for land management practices consistent with
the purposes of the Heritage Area.
(2) EFFECT.—Nothing in this subtitle—
(A) abridges the rights of any person with regard to
private property;
(B) affects the authority of the State or local govern-
ment regarding private property; or
(C) imposes any additional burden on any property
owner.
(g) REQUIREMENTS
FOR INCLUSION
OF PRIVATE PROPERTY.—
(1) NOTIFICATION
AND
CONSENT
OF
PROPERTY
OWNERS
REQUIRED.—No privately owned property shall be preserved,
conserved, or promoted by the management plan for the Herit-
age 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 pro-
motion to the management entity.
(2) LANDOWNER WITHDRAWAL.—Any owner of private prop-
erty included within the boundary of the Heritage Area shall
have their property immediately removed from the boundary
by submitting a written request to the management entity.
SEC. 267. SAVINGS PROVISIONS.
(a) RULES, REGULATIONS, STANDARDS, AND
PERMIT
PROC-
ESSES.—Nothing in this subtitle shall be construed to impose any
environmental, occupational, safety, or other rule, regulation,
standard, or permit process in the Heritage Area that is different
from those that would be applicable if the Heritage Area had
not been established.
(b) WATER AND WATER RIGHTS.—Nothing in this subtitle shall
be construed to authorize or imply the reservation or appropriation
of water or water rights.
(c) NO DIMINISHMENT OF STATE AUTHORITY.—Nothing in this
subtitle shall be construed to diminish the authority of the State
to manage fish and wildlife, including the regulation of fishing
and hunting within the Heritage Area.
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SEC. 268. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated to
carry out this subtitle $10,000,000, to remain available until
expended, of which not more than $1,000,000 may be authorized
to be appropriated for any fiscal year.
(b) COST-SHARING REQUIREMENT.—The Federal share of the
total cost of any activity assisted under this subtitle shall be not
more than 50 percent.
SEC. 269. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under
this subtitle terminates on the date that is 15 years after the
date of enactment of this Act.
Subtitle F—Upper Housatonic Valley
National Heritage Area
SEC. 271. SHORT TITLE.
This subtitle may be cited as the ‘‘Upper Housatonic Valley
National Heritage Area Act’’.
SEC. 272. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds the following:
(1) The upper Housatonic Valley, encompassing 29 towns
in the hilly terrain of western Massachusetts and northwestern
Connecticut, is a singular geographical and cultural region
that has made significant national contributions through its
literary, artistic, musical, and architectural achievements, its
iron, paper, and electrical equipment industries, and its scenic
beautification and environmental conservation efforts.
(2) The upper Housatonic Valley has 139 properties and
historic districts listed on the National Register of Historic
Places, including—
(A) five National Historic Landmarks—
(i) Edith Wharton’s home, The Mount, Lenox,
Massachusetts;
(ii) Herman Melville’s home, Arrowhead, Pittsfield,
Massachusetts;
(iii) W.E.B. DuBois’ Boyhood Homesite, Great Bar-
rington, Massachusetts;
(iv) Mission House, Stockbridge, Massachusetts;
and
(v) Crane and Company Old Stone Mill Rag Room,
Dalton, Massachusetts; and
(B) four National Natural Landmarks—
(i) Bartholomew’s Cobble, Sheffield, Massachu-
setts, and Salisbury, Connecticut;
(ii) Beckley Bog, Norfolk, Connecticut;
(iii) Bingham Bog, Salisbury, Connecticut; and
(iv) Cathedral Pines, Cornwall, Connecticut.
(3) Writers, artists, musicians, and vacationers have visited
the region for more than 150 years to enjoy its scenic wonders,
making it one of the country’s leading cultural resorts.
(4) The upper Housatonic Valley has made significant
national cultural contributions through such writers as Herman
Melville, Nathaniel Hawthorne, Edith Wharton, and W.E.B.
Upper
Housatonic
Valley National
Heritage Area
Act.
Connecticut.
Massachusetts.
16 USC 461 note.
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DuBois, artists Daniel Chester French and Norman Rockwell,
and the performing arts centers of Tanglewood, Music Moun-
tain, Norfolk (Connecticut) Chamber Music Festival, Jacob’s
Pillow, and Shakespeare & Company.
(5) The upper Housatonic Valley is noted for its pioneering
achievements in the iron, paper, and electrical generation
industries and has cultural resources to interpret those indus-
tries.
(6) The region became a national leader in scenic beautifi-
cation and environmental conservation efforts following the
era of industrialization and deforestation and maintains a fabric
of significant conservation areas including the meandering
Housatonic River.
(7) Important historical events related to the American
Revolution, Shays’ Rebellion, and early civil rights took place
in the upper Housatonic Valley.
(8) The region had an American Indian presence going
back 10,000 years and Mohicans had a formative role in contact
with Europeans during the seventeenth and eighteenth cen-
turies.
(9) The Upper Housatonic Valley National Heritage Area
has been proposed in order to heighten appreciation of the
region, preserve its natural and historical resources, and
improve the quality of life and economy of the area.
(b) PURPOSES.—The purposes of this subtitle are as follows:
(1) To establish the Upper Housatonic Valley National
Heritage Area in the State of Connecticut and the Common-
wealth of Massachusetts.
(2) To implement the national heritage area alternative
as described in the document entitled ‘‘Upper Housatonic Valley
National Heritage Area Feasibility Study, 2003’’.
(3) To provide a management framework to foster a close
working relationship with all levels of government, the private
sector, and the local communities in the upper Housatonic
Valley region to conserve the region’s heritage while continuing
to pursue compatible economic opportunities.
(4) To assist communities, organizations, and citizens in
the State of Connecticut and the Commonwealth of Massachu-
setts in identifying, preserving, interpreting, and developing
the historical, cultural, scenic, and natural resources of the
region for the educational and inspirational benefit of current
and future generations.
SEC. 273. DEFINITIONS.
In this subtitle:
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Upper Housatonic Valley National Heritage Area, established
in section 274.
(2) MANAGEMENT ENTITY.—The term ‘‘Management Entity’’
means the management entity for the Heritage Area designated
by section 274(d).
(3) MANAGEMENT
PLAN.—The term ‘‘Management Plan’’
means the management plan for the Heritage Area specified
in section 276.
(4) MAP.—The term ‘‘map’’ means the map entitled
‘‘Boundary Map Upper Housatonic Valley National Heritage
Area’’, numbered P17/80,000, and dated February 2003.
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(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) STATE.—The term ‘‘State’’ means the State of Con-
necticut and the Commonwealth of Massachusetts.
SEC. 274. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.
(a) 
ESTABLISHMENT.—There 
is 
established 
the 
Upper
Housatonic Valley National Heritage Area.
(b) BOUNDARIES.—The Heritage Area shall be comprised of—
(1) part of the Housatonic River’s watershed, which extends
60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
(2) the towns of Canaan, Colebrook, Cornwall, Kent, Nor-
folk, North Canaan, Salisbury, Sharon, and Warren in Con-
necticut; and
(3) the towns of Alford, Becket, Dalton, Egremont, Great
Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Mon-
terey, Mount Washington, New Marlboro, Pittsfield, Richmond,
Sheffield, Stockbridge, Tyringham, Washington, and West
Stockbridge in Massachusetts.
(c) AVAILABILITY OF MAP.—The map shall be on file and avail-
able for public inspection in the appropriate offices of the National
Park Service, Department of the Interior.
(d) MANAGEMENT
ENTITY.—The Upper Housatonic Valley
National Heritage Area, Inc. shall be the management entity for
the Heritage Area.
SEC. 275. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE MANAGE-
MENT ENTITY.
(a) DUTIES OF THE MANAGEMENT ENTITY.—To further the pur-
poses 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 276;
(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 interpretive exhibits
and programs within the Heritage Area;
(C) developing recreational and educational opportuni-
ties in the Heritage Area;
(D) increasing public awareness of and appreciation
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 Herit-
age Area; and
(G) promoting a wide range of partnerships among
governments, organizations and individuals to further the
purposes of the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations and individuals in the Heritage Area
in the preparation and implementation of the management
plan;
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120 STAT. 1816
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(4) conduct meetings open to the public at least semi-
annually regarding the development and implementation 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 subtitle, setting forth its accomplishments, expenses,
and income, including 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 subtitle, 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
organizations 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 pur-
poses of preparing and implementing the management plan for
the Heritage Area, use Federal funds made available through this
subtitle to—
(1) make grants to the State of Connecticut and the
Commonwealth of Massachusetts, their political subdivisions,
nonprofit organizations and other persons;
(2) enter into cooperative agreements with or provide tech-
nical assistance to the State of Connecticut and the Common-
wealth of Massachusetts, their subdivisions, nonprofit organiza-
tions, and other interested parties;
(3) hire and compensate staff, which shall include individ-
uals with expertise in natural, cultural, and historical resources
protection, and heritage programming;
(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 activity that
furthers the purposes of the Heritage Area and is consistent
with the approved management plan.
(c) PROHIBITIONS ON THE ACQUISITION OF REAL PROPERTY.—
The management entity may not use Federal funds received under
this subtitle to acquire real property, but may use any other source
of funding, including other Federal funding outside this authority,
intended for the acquisition of real property.
SEC. 276. MANAGEMENT PLAN.
(a) IN GENERAL.—The management plan for the Heritage Area
shall—
(1) include comprehensive policies, strategies and rec-
ommendations for conservation, funding, management and
development of the Heritage Area;
(2) take into consideration existing State, county, and local
plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments, pri-
vate organizations, and individuals have agreed to take to
protect the natural, historical and cultural resources of the
Heritage Area;
Records.
Reports.
Public meetings.
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(4) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Area in the first
5 years of implementation;
(5) include an inventory of the natural, historical, cultural,
educational, scenic, and recreational resources of the Heritage
Area related to the themes of the Heritage Area that should
be preserved, restored, managed, developed, or maintained;
(6) describe a program of implementation for the manage-
ment 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 implementa-
tion; 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 available for this subtitle.
(2) TERMINATION OF FUNDING.—If the management plan
is not submitted to the Secretary in accordance with this sub-
section, the management entity shall not qualify for Federal
funding under this subtitle until such time as the management
plan is submitted to the Secretary.
SEC. 277. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) TECHNICAL
AND FINANCIAL ASSISTANCE.—The Secretary
may, upon the request of the management entity, provide technical
assistance on a reimbursable or non-reimbursable basis and finan-
cial assistance to the Heritage Area to develop and implement
the approved management plan. The Secretary is authorized to
enter into cooperative 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, historical, cultural,
and scenic resources of the Heritage Area; and
(2) providing educational, interpretive, and recreational
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 representative of the
diverse interests of the Heritage Area, including govern-
ments, natural and historic resource protection organiza-
tions, educational institutions, businesses, and recreational
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 interpretation strate-
gies contained in the management plan, if implemented,
would adequately protect the natural, historical, and cul-
tural resources of the Heritage Area; and
Deadline.
Contracts.
Records.
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PUBLIC LAW 109–338—OCT. 12, 2006
(D) the management plan is supported by the appro-
priate State and local officials whose cooperation is needed
to ensure the effective implementation of the State and
local aspects of the management plan.
(3) ACTION FOLLOWING DISAPPROVAL.—If the Secretary dis-
approves the management plan, the Secretary shall advise the
management entity in writing of the reasons therefore and
shall make recommendations for revisions to the management
plan. The Secretary shall approve or disapprove a proposed
revision within 60 days after the date it is submitted.
(4) APPROVAL OF AMENDMENTS.—Substantial amendments
to the management plan shall be reviewed by the Secretary
and approved in the same manner as provided for the original
management plan. The management entity shall not use Fed-
eral funds authorized by this subtitle to implement any amend-
ments until the Secretary has approved the amendments.
SEC. 278. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities directly
affecting the Heritage Area shall—
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management
entity in carrying out their duties under this subtitle 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 deter-
mines will not have an adverse effect on the Heritage Area.
SEC. 279. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) NOTIFICATION
AND
CONSENT
OF
PROPERTY
OWNERS
REQUIRED.—No privately owned property shall be preserved, con-
served, 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 manage-
ment 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 submit-
ting a written request to the management entity.
SEC. 280. PRIVATE PROPERTY PROTECTION.
(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle
shall be construed to—
(1) require any private property owner to allow public
access (including Federal, State, or local government 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 private property owner with
respect to any persons injured on such private property.
(c) RECOGNITION
OF AUTHORITY TO CONTROL LAND USE.—
Nothing in this subtitle shall be construed to modify the authority
of Federal, State, or local governments to regulate land use.
Deadline.
Recommen-
dations.
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120 STAT. 1819
PUBLIC LAW 109–338—OCT. 12, 2006
(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE
AREA.—Nothing in this subtitle shall be construed to require the
owner of any private property located within the boundaries of
the Heritage Area to participate in or be associated with the Herit-
age 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 subtitle 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 Sec-
retary, the National Park Service, or the management entity.
SEC. 280A. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated for
the purposes of this subtitle not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may be appro-
priated for the Heritage Area under this subtitle.
(b) MATCHING FUNDS.—Federal funding provided under this
subtitle may not exceed 50 percent of the total cost of any assistance
or grant provided or authorized under this subtitle.
SEC. 280B. SUNSET.
The authority of the Secretary to provide assistance under
this subtitle shall terminate on the day occurring 15 years after
the date of the enactment of this subtitle.
Subtitle G—Champlain Valley National
Heritage Partnership
SEC. 281. SHORT TITLE.
This subtitle may be cited as the ‘‘Champlain Valley National
Heritage Partnership Act of 2006’’.
SEC. 282. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the Champlain Valley and its extensive cultural and
natural resources have played a significant role in the history
of the United States and the individual States of Vermont
and New York;
(2) archaeological evidence indicates that the Champlain
Valley has been inhabited by humans since the last retreat
of the glaciers, with the Native Americans living in the area
at the time of European discovery being primarily of Iroquois
and Algonquin descent;
(3) the linked waterways of the Champlain Valley,
including the Richelieu River in Canada, played a unique and
significant role in the establishment and development of the
United States and Canada through several distinct eras,
including—
(A) the era of European exploration, during which
Samuel de Champlain and other explorers used the water-
ways as a means of access through the wilderness;
(B) the era of military campaigns, including highly
significant military campaigns of the French and Indian
War, the American Revolution, and the War of 1812; and
Champlain
Valley National
Heritage
Partnership Act
of 2006.
Vermont.
New York.
16 USC 461 note.
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(C) the era of maritime commerce, during which canal
boats, schooners, and steamships formed the backbone of
commercial transportation for the region;
(4) those unique and significant eras are best described
by the theme ‘‘The Making of Nations and Corridors of Com-
merce’’;
(5) the artifacts and structures associated with those eras
are unusually well-preserved;
(6) the Champlain Valley is recognized as having one of
the richest collections of historical resources in North America;
(7) the history and cultural heritage of the Champlain
Valley are shared with Canada and the Province of Quebec;
(8) there are benefits in celebrating and promoting this
mutual heritage;
(9) tourism is among the most important industries in
the Champlain Valley, and heritage tourism in particular plays
a significant role in the economy of the Champlain Valley;
(10) it is important to enhance heritage tourism in the
Champlain Valley while ensuring that increased visitation will
not impair the historical and cultural resources of the region;
(11) according to the 1999 report of the National Park
Service entitled ‘‘Champlain Valley Heritage Corridor Project’’,
‘‘the Champlain Valley contains resources and represents a
theme ‘The Making of Nations and Corridors of Commerce’,
that is of outstanding importance in United States history’’;
and
(12) it is in the interest of the United States to preserve
and interpret the historical and cultural resources of the Cham-
plain Valley for the education and benefit of present and future
generations.
(b) PURPOSES.—The purposes of this subtitle are—
(1) to establish the Champlain Valley National Heritage
Partnership in the States of Vermont and New York to recog-
nize the importance of the historical, cultural, and recreational
resources of the Champlain Valley region to the United States;
(2) to assist the States of Vermont and New York, including
units of local government and nongovernmental organizations
in the States, in preserving, protecting, and interpreting those
resources for the benefit of the people of the United States;
(3) to use those resources and the theme ‘‘the making
of nations and corridors of commerce’’ to—
(A) revitalize the economy of communities in the Cham-
plain Valley; and
(B) generate and sustain increased levels of tourism
in the Champlain Valley;
(4) to encourage—
(A) partnerships among State and local governments
and nongovernmental organizations in the United States;
and
(B) collaboration with Canada and the Province of
Quebec to—
(i) interpret and promote the history of the water-
ways of the Champlain Valley region;
(ii) form stronger bonds between the United States
and Canada; and
(iii) promote the international aspects of the Cham-
plain Valley region; and
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(5) to provide financial and technical assistance for the
purposes described in paragraphs (1) through (4).
SEC. 283. DEFINITIONS.
In this subtitle:
(1) HERITAGE PARTNERSHIP.—The term ‘‘Heritage Partner-
ship’’ means the Champlain Valley National Heritage Partner-
ship established by section 104(a).
(2) MANAGEMENT ENTITY.—The term ‘‘management entity’’
means the Lake Champlain Basin Program.
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’
means 
the 
management 
plan 
developed 
under 
section
284(b)(1)(B)(i).
(4) REGION.—
(A) IN GENERAL.—The term ‘‘region’’ means any area
or community in 1 of the States in which a physical,
cultural, or historical resource that represents the theme
is located.
(B) INCLUSIONS.—The term ‘‘region’’ includes
(i) THE LINKED NAVIGABLE WATERWAYS OF.—
(I) Lake Champlain;
(II) Lake George;
(III) the Champlain Canal; and
(IV) the portion of the Upper Hudson River
extending south to Saratoga;
(ii) portions of Grand Isle, Franklin, Chittenden,
Addison, Rutland, and Bennington Counties in the
State of Vermont; and
(iii) portions of Clinton, Essex, Warren, Saratoga
and Washington Counties in the State of New York.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) STATE.—the term ‘‘State’’ means
(A) the State of Vermont; and
(B) the State of New York.
(7) THEME.—The term ‘‘theme’’ means the theme ‘‘The
Making of Nations and Corridors of Commerce’’, as the term
is used in the 1999 report of the National Park Service entitled
‘‘Champlain Valley Heritage Corridor Project’’, that describes
the periods of international conflict and maritime commerce
during which the region played a unique and significant role
in the development of the United States and Canada.
SEC. 284. HERITAGE PARTNERSHIP.
(a) ESTABLISHMENT.—There is established in the region the
Champlain Valley National Heritage Partnership.
(b) MANAGEMENT ENTITY.—
(1) DUTIES.—
(A) IN GENERAL.—The management entity shall imple-
ment this subtitle.
(B) MANAGEMENT PLAN.—
(i) IN GENERAL.—Not later than 3 years after the
date of enactment of this Act, the management entity
shall develop a management plan for the Heritage
Partnership.
(ii) EXISTING PLAN.—Pending the completion and
approval of the management plan, the management
entity may implement the provisions of this subtitle
Deadline.
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120 STAT. 1822
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based on its federally authorized plan ‘‘Opportunities
for Action, an Evolving Plan For Lake Champlain’’.
(iii) CONTENTS.—The management plan shall
include—
(I) recommendations for funding, managing,
and developing the Heritage Partnership;
(II) a description of activities to be carried
out by public and private organizations to protect
the resources of the Heritage Partnership;
(III) a list of specific, potential sources of
funding for the protection, management, and
development of the Heritage Partnership;
(IV) an assessment of the organizational
capacity of the management entity to achieve the
goals for implementation; and
(V) recommendations of ways in which to
encourage collaboration with Canada and the Prov-
ince of Quebec in implementing this subtitle.
(iv) CONSIDERATIONS.—In developing the manage-
ment plan under clause (i), the management entity
shall take into consideration existing Federal, State,
and local plans relating to the region.
(v) SUBMISSION
TO
SECRETARY
FOR
APPROVAL.—
(I) IN GENERAL.—Not later than 3 years after
the date of enactment of this Act, the management
entity shall submit the management plan to the
Secretary for approval.
(II) EFFECT
OF
FAILURE
TO
SUBMIT.—If a
management plan is not submitted to the Sec-
retary by the date specified in subclause (I), the
Secretary shall not provide any additional funding
under this subtitle until a management plan for
the Heritage Partnership is submitted to the Sec-
retary.
(vi) APPROVAL.—Not later than 90 days after
receiving the management plan submitted under clause
(v)(I), the Secretary, in consultation with the States,
shall approve or disapprove the management plan.
(vii) ACTION FOLLOWING DISAPPROVAL.—
(I) GENERAL.—If the Secretary disapproves a
management plan under clause (vi), the Secretary
shall—
(aa) advise the management entity in
writing of the reasons for the disapproval;
(bb) make recommendations for revisions
to the management plan; and
(cc) allow the management entity to
submit to the Secretary revisions to the
management plan.
(II) DEADLINE FOR APPROVAL OF REVISION.—
Not later than 90 days after the date on which
a revision is submitted under subclause (I)(cc),
the Secretary shall approve or disapprove the revi-
sion.
(viii) AMENDMENT.—
Recommen-
dations.
Deadline.
Deadline.
Recommen-
dations.
Records.
Recommen-
dations.
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(I) IN GENERAL.—After approval by the Sec-
retary of the management plan, the management
entity shall periodically—
(aa) review the management plan; and
(bb) submt to the Secretary, for review
and approval by the Secretary, the rec-
ommendations of the management entity for
any amendments to the management plan that
the management entity considers to be appro-
priate.
(II) EXPENDITURE OF FUNDS.—No funds made
available under this subtitle shall be used to imple-
ment any amendment proposed by the manage-
ment entity under subclause (I) until the Secretary
approves the amendments.
(2) PARTNERSHIPS.—
(A) IN
GENERAL.—In carrying out this subtitle, the
management entity may enter into partnerships with—
(i) the States, including units of local governments
in the States;
(ii) nongovernmental organizations;
(iii) Indian Tribes; and
(iv) other persons in the Heritage Partnership.
(B) GRANTS.—Subject to the availability of funds, the
management entity may provide grants to partners under
subparagraph (A) to assist in implementing this subtitle.
(3) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—
The management entity shall not use Federal funds made
available under this subtitle to acquire real property or any
interest in real property.
(c) ASSISTANCE FROM SECRETARY.—To carry out the purposes
of this subtitle, the Secretary may provide technical and financial
assistance to the management entity.
SEC. 285. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) NOTIFICATION
AND
CONSENT
OF
PROPERTY
OWNERS
REQUIRED.—No privately owned property shall be preserved, con-
served, or promoted by the management plan until—
(1) the management entity notifies the owner of the private
property in writing; and
(2) the owner of the private property provides to the
management entity written consent for the preservation, con-
servation, or promotion.
(b) LANDOWNER
WITHDRAWAL.—Private property included
within the boundary of the Heritage Partnership shall immediately
be withdrawn from the Heritage Partnership if the owner of the
property submits a written request to the management entity.
SEC. 286. PRIVATE PROPERTY PROTECTION.
(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle—
(1) requires a private property owner to allow public access
(including access by the Federal Government or State or local
governments) to private property; or
(2) modifies any provision of Federal, State, or local law
with respect to public access to, or use of, private property.
(b) LIABILITY.—Designation of the Heritage Partnership under
this subtitle does not create any liability, or have any effect on
Recommen-
dations.
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liability under any other law, of a private property owner with
respect to any persons injured on the private property.
(c) RECOGNITION
OF AUTHORITY TO CONTROL LAND USE.—
Nothing in this subtitle modifies any authority of the Federal
Government or State or local governments to regulate land use.
(d) PARTICIPATION
OF PRIVATE PROPERTY OWNERS.—Nothing
in this subtitle requires the owner of any private property located
within the boundaries of the Heritage Partnership to participate
in, or be associated with the Heritage Partnership.
(e) EFFECT OF ESTABLISHMENT.—
(1) IN GENERAL.—The boundaries designated for the Herit-
age Partnership represent the area within which Federal funds
appropriated for the purpose of this subtitle shall be expended.
(2) REGULATORY
AUTHORITY.—The establishment of the
Heritage Partnership and the boundaries of the Heritage Part-
nership do not provide any regulatory authority that is not
in existence on the date of enactment of this Act relating
to land use within the Heritage Partnership or the viewshed
of the Heritage Partnership by the Secretary, the National
Park Service, or the management entity.
SEC. 287. EFFECT.
Nothing in this subtitle—
(1) grants powers of zoning or land use to the management
entity; or
(2) obstructs or limits private business development activi-
ties or resource development activities.
SEC. 288. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated to
carry out this subtitle not more than a total of $10,000,000, of
which not more than $1,000,000 may be made available for any
fiscal year.
(b) NON-FEDERAL SHARE.—The non-Federal share of the cost
of any activities carried out using Federal funds made available
under subsection (a) shall be not less than 50 percent.
SEC. 289. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under
this subtitle terminates on the date that is 15 years after the
date of enactment of this Act.
Subtitle H—Great Basin National Heritage
Route
SEC. 291. SHORT TITLE.
This subtitle may be cited as the ‘‘Great Basin National Herit-
age Route Act’’.
SEC. 291A. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the natural, cultural, and historic heritage of the North
American Great Basin is nationally significant;
(2) communities along the Great Basin Heritage Route
(including the towns of Delta, Utah, Ely, Nevada, and the
surrounding communities) are located in a classic western land-
scape that contains long natural vistas, isolated high desert
Great Basin
National
Heritage Route
Act.
Utah.
Nevada.
Native
Americans.
16 USC 461 note.
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valleys, mountain ranges, ranches, mines, historic railroads,
archaeological sites, and tribal communities;
(3) the Native American, pioneer, ranching, mining, timber,
and railroad heritages associated with the Great Basin Heritage
Route include the social history and living cultural traditions
of a rich diversity of nationalities;
(4) the pioneer, Mormon, and other religious settlements,
and ranching, timber, and mining activities of the region played
and continue to play a significant role in the development
of the United States, shaped by—
(A) the unique geography of the Great Basin;
(B) an influx of people of Greek, Chinese, Basque,
Serb, Croat, Italian, and Hispanic descent; and
(C) a Native American presence (Western Shoshone,
Northern and Southern Paiute, and Goshute) that con-
tinues in the Great Basin today;
(5) the Great Basin housed internment camps for Japanese-
American citizens during World War II, 1 of which, Topaz,
was located along the Heritage Route;
(6) the pioneer heritage of the Heritage Route includes
the Pony Express route and stations, the Overland Stage, and
many examples of 19th century exploration of the western
United States;
(7) the Native American heritage of the Heritage Route
dates back thousands of years and includes—
(A) archaeological sites;
(B) petroglyphs and pictographs;
(C) the westernmost village of the Fremont culture;
and
(D) communities of Western Shoshone, Paiute, and
Goshute tribes;
(8) the Heritage Route contains multiple biologically diverse
ecological communities that are home to exceptional species
such as—
(A) bristlecone pines, the oldest living trees in the
world;
(B) wildlife adapted to harsh desert conditions;
(C) unique plant communities, lakes, and streams; and
(D) native Bonneville cutthroat trout;
(9) the air and water quality of the Heritage Route is
among the best in the United States, and the clear air permits
outstanding viewing of the night skies;
(10) the Heritage Route includes unique and outstanding
geologic features such as numerous limestone caves, classic
basin and range topography with playa lakes, alluvial fans,
volcanics, cold and hot springs, and recognizable features of
ancient Lake Bonneville;
(11) the Heritage Route includes an unusual variety of
open space and recreational and educational opportunities
because of the great quantity of ranching activity and public
land (including city, county, and State parks, national forests,
Bureau of Land Management land, and a national park);
(12) there are significant archaeological, historical, cultural,
natural, scenic, and recreational resources in the Great Basin
to merit the involvement of the Federal Government in the
development, in cooperation with the Great Basin Heritage
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Route Partnership and other local and governmental entities,
of programs and projects to—
(A) adequately conserve, protect, and interpret the
heritage of the Great Basin for present and future genera-
tions; and
(B) provide opportunities in the Great Basin for edu-
cation; and
(13) the Great Basin Heritage Route Partnership shall
serve as the local coordinating entity for a Heritage Route
established in the Great Basin.
(b) PURPOSES.—The purposes of this subtitle are—
(1) to foster a close working relationship with all levels
of government, the private sector, and the local communities
within White Pine County, Nevada, Millard County, Utah, and
the Duckwater Shoshone Reservation;
(2) to enable communities referred to in paragraph (1)
to conserve their heritage while continuing to develop economic
opportunities; and
(3) to conserve, interpret, and develop the archaeological,
historical, cultural, natural, scenic, and recreational resources
related to the unique ranching, industrial, and cultural heritage
of the Great Basin, in a manner that promotes multiple uses
permitted as of the date of enactment of this Act, without
managing or regulating land use.
SEC. 291B. DEFINITIONS.
In this subtitle:
(1) GREAT BASIN.—The term ‘‘Great Basin’’ means the North
American Great Basin.
(2) HERITAGE ROUTE.—The term ‘‘Heritage Route’’ means
the Great Basin National Heritage Route established by section
291C(a).
(3) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the Great Basin Heritage Route Partner-
ship established by section 291C(c).
(4) MANAGEMENT
PLAN.—The term ‘‘management plan’’
means the plan developed by the local coordinating entity under
section 291E(a).
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 291C. GREAT BASIN NATIONAL HERITAGE ROUTE.
(a) ESTABLISHMENT.—There is established the Great Basin
National Heritage Route to provide the public with access to certain
historical, cultural, natural, scenic, and recreational resources in
White Pine County, Nevada, Millard County, Utah, and the
Duckwater Shoshone Reservation in the State of Nevada, as des-
ignated by the local coordinating entity.
(b) BOUNDARIES.—The local coordinating entity shall determine
the specific boundaries of the Heritage Route.
(c) LOCAL COORDINATING ENTITY.—
(1) IN GENERAL.—The Great Basin Heritage Route Partner-
ship shall serve as the local coordinating entity for the Heritage
Route.
(2) BOARD OF DIRECTORS.—The Great Basin Heritage Route
Partnership shall be governed by a board of directors that
consists of—
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(A) 4 members who are appointed by the Board of
County Commissioners for Millard County, Utah;
(B) 4 members who are appointed by the Board of
County Commissioners for White Pine County, Nevada;
and
(C) a representative appointed by each Native Amer-
ican Tribe participating in the Heritage Route.
SEC. 291D. MEMORANDUM OF UNDERSTANDING.
(a) IN GENERAL.—In carrying out this subtitle, the Secretary,
in consultation with the Governors of the States of Nevada and
Utah and the tribal government of each Indian tribe participating
in the Heritage Route, shall enter into a memorandum of under-
standing with the local coordinating entity.
(b) INCLUSIONS.—The memorandum of understanding shall
include information relating to the objectives and management of
the Heritage Route, including—
(1) a description of the resources of the Heritage Route;
(2) a discussion of the goals and objectives of the Heritage
Route, including—
(A) an explanation of the proposed approach to con-
servation, development, and interpretation; and
(B) a general outline of the anticipated protection and
development measures;
(3) a description of the local coordinating entity;
(4) a list and statement of the financial commitment of
the initial partners to be involved in developing and imple-
menting the management plan; and
(5) a description of the role of the States of Nevada and
Utah in the management of the Heritage Route.
(c) ADDITIONAL REQUIREMENTS.—In developing the terms of
the memorandum of understanding, the Secretary and the local
coordinating entity shall—
(1) provide opportunities for local participation; and
(2) include terms that ensure, to the maximum extent
practicable, timely implementation of all aspects of the memo-
randum of understanding.
(d) AMENDMENTS.—
(1) IN GENERAL.—The Secretary shall review any amend-
ments of the memorandum of understanding proposed by the
local coordinating entity or the Governor of the State of Nevada
or Utah.
(2) USE OF FUNDS.—Funds made available under this sub-
title shall not be expended to implement a change made by
a proposed amendment described in paragraph (1) until the
Secretary approves the amendment.
SEC. 291E. MANAGEMENT PLAN.
(a) IN GENERAL.—Not later than 3 years after the date on
which funds are made available to carry out this subtitle, the
local coordinating entity shall develop and submit to the Secretary
for approval a management plan for the Heritage Route that—
(1) specifies—
(A) any resources designated by the local coordinating
entity under section 291C(a); and
(B) the specific boundaries of the Heritage Route, as
determined under section 291C(b); and
Deadline.
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(2) presents clear and comprehensive recommendations for
the conservation, funding, management, and development of
the Heritage Route.
(b) CONSIDERATIONS.—In developing the management plan, the
local coordinating entity shall—
(1) provide for the participation of local residents, public
agencies, and private organizations located within the counties
of Millard County, Utah, White Pine County, Nevada, and
the Duckwater Shoshone Reservation in the protection and
development of resources of the Heritage Route, taking into
consideration State, tribal, county, and local land use plans
in existence on the date of enactment of this Act;
(2) identify sources of funding;
(3) include—
(A) a program for implementation of the management
plan by the local coordinating entity, including—
(i) plans for restoration, stabilization, rehabilita-
tion, and construction of public or tribal property; and
(ii) specific commitments by the identified partners
referred to in section 291D(b)(4) for the first 5 years
of operation; and
(B) an interpretation plan for the Heritage Route; and
(4) develop a management plan that will not infringe on
private property rights without the consent of the owner of
the private property.
(c) FAILURE TO SUBMIT.—If the local coordinating entity fails
to submit a management plan to the Secretary in accordance with
subsection (a), the Heritage Route shall no longer qualify for Federal
funding.
(d) APPROVAL AND DISAPPROVAL OF MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 90 days after receipt of
a management plan under subsection (a), the Secretary, in
consultation with the Governors of the States of Nevada and
Utah, shall approve or disapprove the management plan.
(2) CRITERIA.—In determining whether to approve a
management plan, the Secretary shall consider whether the
management plan—
(A) has strong local support from a diversity of land-
owners, business interests, nonprofit organizations, and
governments associated with the Heritage Route;
(B) is consistent with and complements continued eco-
nomic activity along the Heritage Route;
(C) has a high potential for effective partnership
mechanisms;
(D) avoids infringing on private property rights; and
(E) provides methods to take appropriate action to
ensure that private property rights are observed.
(3) ACTION FOLLOWING DISAPPROVAL.—If the Secretary dis-
approves a management plan under paragraph (1), the Sec-
retary shall—
(A) advise the local coordinating entity in writing of
the reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 90 days after the receipt of any
proposed revision of the management plan from the local
Deadline.
Recommen-
dations.
Deadline.
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coordinating entity, approve or disapprove the proposed
revision.
(e) IMPLEMENTATION.—On approval of the management plan
as provided in subsection (d)(1), the local coordinating entity, in
conjunction with the Secretary, shall take appropriate steps to
implement the management plan.
(f) AMENDMENTS.—
(1) IN GENERAL.—The Secretary shall review each amend-
ment to the management plan that the Secretary determines
may make a substantial change to the management plan.
(2) USE OF FUNDS.—Funds made available under this sub-
title shall not be expended to implement an amendment
described in paragraph (1) until the Secretary approves the
amendment.
SEC. 291F. AUTHORITY AND DUTIES OF LOCAL COORDINATING ENTITY.
(a) AUTHORITIES.—The local coordinating entity may, for pur-
poses of preparing and implementing the management plan, use
funds made available under this subtitle to—
(1) make grants to, and enter into cooperative agreements
with, a State (including a political subdivision), an Indian tribe,
a private organization, or any person; and
(2) hire and compensate staff.
(b) DUTIES.—In addition to developing the management plan,
the local coordinating entity shall—
(1) give priority to implementing the memorandum of
understanding and the management plan, including taking
steps to—
(A) assist units of government, regional planning
organizations, and nonprofit organizations in—
(i) establishing and maintaining interpretive
exhibits along the Heritage Route;
(ii) developing recreational resources along the
Heritage Route;
(iii) increasing public awareness of and apprecia-
tion for the archaeological, historical, cultural, natural,
scenic, and recreational resources and sites along the
Heritage Route; and
(iv) if requested by the owner, restoring, stabi-
lizing, or rehabilitating any private, public, or tribal
historical building relating to the themes of the Herit-
age Route;
(B) encourage economic viability and diversity along
the Heritage Route in accordance with the objectives of
the management plan; and
(C) encourage the installation of clear, consistent, and
environmentally appropriate signage identifying access
points and sites of interest along the Heritage Route;
(2) consider the interests of diverse governmental, business,
and nonprofit groups associated with the Heritage Route;
(3) conduct public meetings in the region of the Heritage
Route at least semiannually regarding the implementation of
the management plan;
(4) submit substantial amendments (including any increase
of more than 20 percent in the cost estimates for implementa-
tion) to the management plan to the Secretary for approval
by the Secretary; and
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(5) for any year for which Federal funds are received under
this subtitle—
(A) submit to the Secretary a report that describes,
for the year—
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordi-
nating entity; and
(iii) each entity to which any loan or grant was
made;
(B) make available for audit all records pertaining
to the expenditure of the funds and any matching funds;
and
(C) require, for all agreements authorizing the expendi-
ture of Federal funds by any entity, that the receiving
entity make available for audit all records pertaining to
the expenditure of the funds.
(c) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—
The local coordinating entity shall not use Federal funds made
available under this subtitle to acquire real property or any interest
in real property.
(d) PROHIBITION ON THE REGULATION OF LAND USE.—The local
coordinating entity shall not regulate land use within the Heritage
Route.
SEC. 291G. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—The Secretary may, on request of the
local coordinating entity, provide technical and financial assist-
ance to develop and implement the management plan and
memorandum of understanding.
(2) PRIORITY
FOR
ASSISTANCE.—In providing assistance
under paragraph (1), the Secretary shall, on request of the
local coordinating entity, give priority to actions that assist
in—
(A) conserving the significant archaeological, historical,
cultural, natural, scenic, and recreational resources of the
Heritage Route; and
(B) providing education, interpretive, and recreational
opportunities, and other uses consistent with those
resources.
(b) APPLICATION OF FEDERAL LAW.—The establishment of the
Heritage Route shall have no effect on the application of any Federal
law to any property within the Heritage Route.
SEC. 291H. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.
(a) LAND USE REGULATION.—Nothing in this subtitle—
(1) modifies, enlarges, or diminishes any authority of the
Federal, State, tribal, or local government to regulate by law
(including by regulation) any use of land; or
(2) grants any power of zoning or land use to the local
coordinating entity.
(b) APPLICABILITY OF FEDERAL LAW.—Nothing in this subtitle—
(1) imposes on the Heritage Route, as a result of the
designation of the Heritage Route, any regulation that is not
applicable to the area within the Heritage Route as of the
date of enactment of this Act; or
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(2) authorizes any agency to promulgate a regulation that
applies to the Heritage Route solely as a result of the designa-
tion of the Heritage Route under this subtitle.
SEC. 291I. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated to
carry out this subtitle $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(b) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of the cost of any
activity assisted under this subtitle shall not exceed 50 percent.
(2) FORM OF NON-FEDERAL SHARE.—The non-Federal share
may be in the form of in-kind contributions, donations, grants,
and loans from individuals and State or local governments
or agencies.
SEC. 291J. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under
this subtitle terminates on the date that is 15 years after the
date of enactment of this Act.
SEC. 291K. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) NOTIFICATION
AND
CONSENT
OF
PROPERTY
OWNERS
REQUIRED.—No privately owned property shall be preserved, con-
served, or promoted by the management plan for the Heritage
Route 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 manage-
ment entity.
(b) LANDOWNER WITHDRAW.—Any owner of private property
included within the boundary of the Heritage Route shall have
their property immediately removed from the boundary by submit-
ting a written request to the management entity.
SEC. 291L. 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 government 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 Route shall not
be considered to create any liability, or to have any effect on
any liability under any other law, of any private 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
ROUTE.—Nothing in this title shall be construed to require the
owner of any private property located within the boundaries of
the Heritage Route to participate in or be associated with the
Heritage Route.
(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for
the Heritage Route represent the area within which Federal funds
appropriated for the purpose of this title may be expended. The
establishment of the Heritage Route and its boundaries shall not
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be construed to provide any nonexisting regulatory authority on
land use within the Heritage Route or its viewshed by the Secretary,
the National Park Service, or the management entity.
Subtitle I—Gullah/Geechee Heritage
Corridor
SEC. 295. SHORT TITLE.
This subtitle may be cited as the ‘‘Gullah/Geechee Cultural
Heritage Act’’.
SEC. 295A. PURPOSES.
The purposes of this subtitle are to—
(1) recognize the important contributions made to American
culture and history by African Americans known as the Gullah/
Geechee who settled in the coastal counties of South Carolina,
Georgia, North Carolina, and Florida;
(2) assist State and local governments and public and pri-
vate entities in South Carolina, Georgia, North Carolina, and
Florida in interpreting the story of the Gullah/Geechee and
preserving Gullah/Geechee folklore, arts, crafts, and music; and
(3) assist in identifying and preserving sites, historical
data, artifacts, and objects associated with the Gullah/Geechee
for the benefit and education of the public.
SEC. 295B. DEFINITIONS.
In this subtitle:
(1) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the Gullah/Geechee Cultural Heritage
Corridor Commission established by section 295D(a).
(2) HERITAGE
CORRIDOR.—The term ‘‘Heritage Corridor’’
means the Gullah/Geechee Cultural Heritage Corridor estab-
lished by section 295C(a).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 295C. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR.
(a) ESTABLISHMENT.—There is established the Gullah/Geechee
Cultural Heritage Corridor.
(b) BOUNDARIES.—
(1) IN GENERAL.—The Heritage Corridor shall be comprised
of those lands and waters generally depicted on a map entitled
‘‘Gullah/Geechee 
Cultural 
Heritage 
Corridor’’ 
numbered
GGCHC 80,000 and dated September 2004. The map shall
be on file and available for public inspection in the appropriate
offices of the National Park Service and in an appropriate
State office in each of the States included in the Heritage
Corridor. The Secretary shall publish in the Federal Register,
as soon as practicable after the date of enactment of this
Act, a detailed description and map of the boundaries estab-
lished under this subsection.
(2) REVISIONS.—The boundaries of the Heritage Corridor
may be revised if the revision is—
(A) proposed in the management plan developed for
the Heritage Corridor;
Federal Register,
publication.
Gullah/Geechee
Cultural
Heritage Act.
State listing.
16 USC 461 note.
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(B) approved by the Secretary in accordance with this
subtitle; and
(C) placed on file in accordance with paragraph (1).
(c) ADMINISTRATION.—The Heritage Corridor shall be adminis-
tered in accordance with the provisions of this subtitle.
SEC. 
295D. 
GULLAH/GEECHEE 
CULTURAL 
HERITAGE 
CORRIDOR
COMMISSION.
(a) ESTABLISHMENT.—There is hereby established a local coordi-
nating entity to be known as the ‘‘Gullah/Geechee Cultural Heritage
Corridor Commission’’ whose purpose shall be to assist Federal,
State, and local authorities in the development and implementation
of a management plan for those land and waters specified in section
295C(b).
(b) MEMBERSHIP.—The local coordinating entity shall be com-
posed of 15 members appointed by the Secretary as follows:
(1) Four individuals nominated by the State Historic
Preservation Officer of South Carolina and two individuals
each nominated by the State Historic Preservation Officer of
each of Georgia, North Carolina, and Florida and appointed
by the Secretary.
(2) Two individuals from South Carolina and one individual
from each of Georgia, North Carolina, and Florida who are
recognized experts in historic preservation, anthropology, and
folklore, appointed by the Secretary.
(c) TERMS.—Members of the local coordinating entity shall be
appointed to terms not to exceed 3 years. The Secretary may stagger
the terms of the initial appointments to the local coordinating
entity in order to assure continuity of operation. Any member
of the local coordinating entity may serve after the expiration
of their term until a successor is appointed. A vacancy shall be
filled in the same manner in which the original appointment was
made.
(d) TERMINATION.—The local coordinating entity shall terminate
10 years after the date of enactment of this Act.
SEC. 295E. OPERATION OF THE LOCAL COORDINATING ENTITY.
(a) DUTIES OF THE LOCAL COORDINATING ENTITY.—To further
the purposes of the Heritage Corridor, the local coordinating entity
shall—
(1) prepare and submit a management plan to the Secretary
in accordance with section 295F;
(2) assist units of local government and other persons in
implementing the approved management plan by—
(A) carrying out programs and projects that recognize,
protect, and enhance important resource values within the
Heritage Corridor;
(B) establishing and maintaining interpretive exhibits
and programs within the Heritage Corridor;
(C) developing recreational and educational opportuni-
ties in the Heritage Corridor;
(D) increasing public awareness of and appreciation
for the historical, cultural, natural, and scenic resources
of the Heritage Corridor;
(E) protecting and restoring historic sites and buildings
in the Heritage Corridor that are consistent with Heritage
Corridor themes;
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(F) ensuring that clear, consistent, and appropriate
signs identifying points of public access and sites of interest
are posted throughout the Heritage Corridor; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Corridor;
(3) consider the interests of diverse units of government,
business, organizations, and individuals in the Heritage Cor-
ridor in the preparation and implementation of the manage-
ment plan;
(4) conduct meetings open to the public at least quarterly
regarding the development and implementation of the manage-
ment plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the local coordinating entity receives Federal
funds under this subtitle, setting forth its accomplishments,
expenses, and income, including grants made 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 subtitle, all information
pertaining to the expenditure of such funds and any matching
funds, and require all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organization make available for audit all records and other
information pertaining to the expenditure of such funds; and
(7) encourage by appropriate means economic viability that
is consistent with the purposes of the Heritage Corridor.
(b) AUTHORITIES.—The local coordinating entity may, for the
purposes of preparing and implementing the management plan,
use funds made available under this subtitle to—
(1) make grants to, and enter into cooperative agreements
with, the States of South Carolina, North Carolina, Florida,
and Georgia, political subdivisions of those States, a nonprofit
organization, or any person;
(2) hire and compensate staff;
(3) obtain funds from any source including any that are
provided under any other Federal law or program; and
(4) contract for goods and services.
SEC. 295F. MANAGEMENT PLAN.
(a) IN GENERAL.—The management plan for the Heritage Cor-
ridor shall—
(1) include comprehensive policies, strategies, and rec-
ommendations for conservation, funding, management, and
development of the Heritage Corridor;
(2) take into consideration existing State, county, and local
plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments, pri-
vate organizations, and individuals have agreed to take to
protect the historical, cultural, and natural resources of the
Heritage Corridor;
(4) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Corridor in the
first 5 years of implementation;
(5) include an inventory of the historical, cultural, natural,
resources of the Heritage Corridor related to the themes of
Records.
Records.
Reports.
Public meetings.
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the Heritage Corridor that should be preserved, restored, man-
aged, developed, or maintained;
(6) recommend policies and strategies for resource manage-
ment that consider and detail the application of appropriate
land and water management techniques, including the develop-
ment of intergovernmental and interagency cooperative agree-
ments to protect the Heritage Corridor’s historical, cultural,
and natural resources;
(7) describe a program for implementation of the manage-
ment plan including plans for resources protection, restoration,
construction, and specific commitments for implementation that
have been made by the local coordinating entity or any govern-
ment, organization, or individual for the first 5 years of
implementation;
(8) include an analysis and recommendations for the ways
in which Federal, State, or local programs may best be coordi-
nated to further the purposes of this subtitle; and
(9) include an interpretive plan for the Heritage Corridor.
(b) SUBMITTAL OF MANAGEMENT PLAN.—The local coordinating
entity shall submit the management plan to the Secretary for
approval not later than 3 years after funds are made available
for this subtitle.
(c) FAILURE TO SUBMIT.—If the local coordinating entity fails
to submit the management plan to the Secretary in accordance
with subsection (b), the Heritage Corridor shall not qualify for
Federal funding until the management plan is submitted.
(d) APPROVAL OR 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.—In determining whether to approve the
management plan, the Secretary shall consider whether—
(A) the local coordinating entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan;
(B) the resource preservation and interpretation strate-
gies contained in the management plan would adequately
protect the cultural and historic resources of the Heritage
Corridor; and
(C) the Secretary has received adequate assurances
from appropriate State and local officials whose support
is needed to ensure the effective implementation of the
State and local aspects of the plan.
(3) ACTION FOLLOWING DISAPPROVAL.—If the Secretary dis-
approves the management plan, the Secretary shall advise the
local coordinating entity in writing of the reasons therefore
and shall make recommendations for revisions to the manage-
ment plan. The Secretary shall approve or disapprove a pro-
posed revision not later than 60 days after the date it is
submitted.
(4) APPROVAL OF AMENDMENTS.—Substantial amendments
to the management plan shall be reviewed and approved by
the Secretary in the same manner as provided in the original
management plan. The local coordinating entity shall not use
Federal funds authorized by this subtitle to implement any
amendments until the Secretary has approved the amendments.
Deadline.
Recommen-
dations.
Deadline.
Deadline.
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SEC. 295G. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) IN GENERAL.—Upon a request of the local coordinating
entity, the Secretary may provide technical and financial assistance
for the development and implementation of the management plan.
(b) PRIORITY FOR ASSISTANCE.—In providing assistance under
subsection (a), the Secretary shall give priority to actions that
assist in—
(1) conserving the significant cultural, historical, and nat-
ural resources of the Heritage Corridor; and
(2) providing educational and interpretive opportunities
consistent with the purposes of the Heritage Corridor.
(c) SPENDING FOR NON-FEDERAL PROPERTY.—
(1) IN GENERAL.—The local coordinating entity may expend
Federal funds made available under this subtitle on nonfeder-
ally owned property that is—
(A) identified in the management plan; or
(B) listed or eligible for listing on the National Register
for Historic Places.
(2) AGREEMENTS.—Any payment of Federal funds made
pursuant to this subtitle shall be subject to an agreement
that conversion, use, or disposal of a project so assisted for
purposes contrary to the purposes of this subtitle, as determined
by the Secretary, shall result in a right of the United States
to compensation of all funds made available to that project
or the proportion of the increased value of the project attrib-
utable to such funds as determined at the time of such conver-
sion, use, or disposal, whichever is greater.
SEC. 295H. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities directly
affecting the Heritage Corridor shall—
(1) consult with the Secretary and the local coordinating
entity with respect to such activities;
(2) cooperate with the Secretary and the local coordinating
entity in carrying out their duties under this subtitle 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 in which the local coordinating
entity determines will not have an adverse effect on the Herit-
age Corridor.
SEC. 295I. COASTAL HERITAGE CENTERS.
In furtherance of the purposes of this subtitle and using the
authorities made available under this subtitle, the local coordinating
entity shall establish one or more Coastal Heritage Centers at
appropriate locations within the Heritage Corridor in accordance
with the preferred alternative identified in the Record of Decision
for the Low Country Gullah Culture Special Resource Study and
Environmental Impact Study, December 2003, and additional appro-
priate sites.
SEC. 295J. PRIVATE PROPERTY PROTECTION.
(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this subtitle
shall be construed to require any private property owner to permit
public access (including Federal, State, or local government access)
to such private property. Nothing in this subtitle shall be construed
Establishment.
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to modify any provision of Federal, State, or local law with regard
to public access to or use of private lands.
(b) LIABILITY.—Designation of the Heritage Corridor shall not
be considered to create any liability, or to have any effect on
any liability under any other law, of any private property owner
with respect to any persons injured on such private property.
(c) RECOGNITION
OF AUTHORITY TO CONTROL LAND USE.—
Nothing in this subtitle shall be construed to modify any authority
of Federal, State, or local governments to regulate land use.
(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE
CORRIDOR.—Nothing in this subtitle shall be construed to require
the owner of any private property located within the boundaries
of the Heritage Corridor to participate in or be associated with
the Heritage Corridor.
(e) EFFECT OF ESTABLISHMENT.—The boundaries designated for
the Heritage Corridor represent the area within which Federal
funds appropriated for the purpose of this subtitle shall be
expended. The establishment of the Heritage Corridor and its
boundaries shall not be construed to provide any nonexisting regu-
latory authority on land use within the Heritage Corridor or its
viewshed by the Secretary or the local coordinating entity.
(f) 
NOTIFICATION
AND
CONSENT
OF
PROPERTY
OWNERS
REQUIRED.—No privately owned property shall be preserved, con-
served, or promoted by the management plan for the Heritage
Corridor until the owner of that private property has been notified
in writing by the local coordinating entity and has given written
consent for such preservation, conservation, or promotion to the
local coordinating entity.
(g) LANDOWNER WITHDRAWAL.—Any owner of private property
included within the boundary of the Heritage Corridor shall have
their property immediately removed from within the boundary by
submitting a written request to the local coordinating entity.
SEC. 295K. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated for
the purposes of this subtitle not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may be appro-
priated for the Heritage Corridor under this subtitle.
(b) COST SHARE.—Federal funding provided under this subtitle
may not exceed 50 percent of the total cost of any activity for
which assistance is provided under this subtitle.
(c) IN-KIND CONTRIBUTIONS.—The Secretary may accept in-kind
contributions as part of the non-Federal cost share of any activity
for which assistance is provided under this subtitle.
SEC. 295L. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under
this subtitle terminates on the date that is 15 years after the
date of enactment of this Act.
Subtitle J—Crossroads of the American
Revolution National Heritage Area
SEC. 297. SHORT TITLE.
This subtitle may be cited as the ‘‘Crossroads of the American
Revolution National Heritage Area Act of 2006’’.
Crossroads of the
American
Revolution
National
Heritage Area
Act of 2006.
New Jersey.
16 USC 461 note.
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SEC. 297A. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) the State of New Jersey was critically important during
the American Revolution because of the strategic location of
the State between the British armies headquartered in New
York City, New York, and the Continental Congress in the
city of Philadelphia, Pennsylvania;
(2) General George Washington spent almost half of the
period of the American Revolution personally commanding
troops of the Continental Army in the State of New Jersey,
including 2 severe winters spent in encampments in the area
that is now Morristown National Historical Park, a unit of
the National Park System;
(3) it was during the 10 crucial days of the American
Revolution between December 25, 1776, and January 3, 1777,
that General Washington, after retreating across the State
of New Jersey from the State of New York to the Common-
wealth of Pennsylvania in the face of total defeat, recrossed
the Delaware River on the night of December 25, 1776, and
went on to win crucial battles at Trenton and Princeton in
the State of New Jersey;
(4) Thomas Paine, who accompanied the troops during the
retreat, described the events during those days as ‘‘the times
that try men’s souls’’;
(5) the sites of 296 military engagements are located in
the State of New Jersey, including—
(A) several important battles of the American Revolu-
tion that were significant to—
(i) the outcome of the American Revolution; and
(ii) the history of the United States; and
(B) several national historic landmarks, including
Washington’s Crossing, the Old Trenton Barracks, and
Princeton, Monmouth, and Red Bank Battlefields;
(6) additional national historic landmarks in the State of
New Jersey include the homes of—
(A) 
Richard 
Stockton, 
Joseph 
Hewes, 
John
Witherspoon, and Francis Hopkinson, signers of the Dec-
laration of Independence;
(B) Elias Boudinout, President of the Continental Con-
gress; and
(C) William Livingston, patriot and Governor of the
State of New Jersey from 1776 to 1790;
(7) portions of the landscapes important to the strategies
of the British and Continental armies, including waterways,
mountains, farms, wetlands, villages, and roadways—
(A) retain the integrity of the period of the American
Revolution; and
(B) offer outstanding opportunities for conservation,
education, and recreation;
(8) the National Register of Historic Places lists 251
buildings and sites in the National Park Service study area
for the Crossroads of the American Revolution that are associ-
ated with the period of the American Revolution;
(9) civilian populations residing in the State of New Jersey
during the American Revolution suffered extreme hardships
because of—
(A) the continuous conflict in the State;
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(B) foraging armies; and
(C) marauding contingents of loyalist Tories and rebel
sympathizers;
(10) because of the important role that the State of New
Jersey played in the successful outcome of the American Revolu-
tion, there is a Federal interest in developing a regional frame-
work to assist the State of New Jersey, local governments
and organizations, and private citizens in—
(A) preserving and protecting cultural, historic, and
natural resources of the period; and
(B) bringing recognition to those resources for the edu-
cational and recreational benefit of the present and future
generations of citizens of the United States; and
(11) the National Park Service has conducted a national
heritage area feasibility study in the State of New Jersey
that demonstrates that there is a sufficient assemblage of
nationally distinctive cultural, historic, and natural resources
necessary to establish the Crossroads of the American Revolu-
tion National Heritage Area.
(b) PURPOSES.—The purposes of this subtitle are—
(1) to assist communities, organizations, and citizens in
the State of New Jersey in preserving—
(A) the special historic identity of the State; and
(B) the importance of the State to the United States;
(2) to foster a close working relationship among all levels
of government, the private sector, and local communities in
the State;
(3) to provide for the management, preservation, protection,
and interpretation of the cultural, historic, and natural
resources of the State for the educational and inspirational
benefit of future generations;
(4) to strengthen the value of Morristown National Histor-
ical Park as an asset to the State by—
(A) establishing a network of related historic resources,
protected landscapes, educational opportunities, and events
depicting the landscape of the State of New Jersey during
the American Revolution; and
(B) establishing partnerships between Morristown
National Historical Park and other public and privately
owned resources in the Heritage Area that represent the
strategic fulcrum of the American Revolution; and
(5) to authorize Federal financial and technical assistance
for the purposes described in paragraphs (1) through (4).
SEC. 297B. DEFINITIONS.
In this subtitle:
(1) HERITAGE AREA.—The term ‘‘Heritage Area’’ means the
Crossroads of the American Revolution National Heritage Area
established by section 297C(a).
(2) LOCAL COORDINATING ENTITY.—The term ‘‘local coordi-
nating entity’’ means the local coordinating entity for the Herit-
age Area designated by section 297C(d).
(3) MANAGEMENT
PLAN.—The term ‘‘management plan’’
means the management plan for the Heritage Area developed
under section 297D.
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(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Cross-
roads of the American Revolution National Heritage Area’’,
numbered CRRE/80,000, and dated April 2002.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) STATE.—The term ‘‘State’’ means the State of New
Jersey.
SEC. 297C. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL
HERITAGE AREA.
(a) ESTABLISHMENT.—There is established in the State the
Crossroads of the American Revolution National Heritage Area.
(b) BOUNDARIES.—The Heritage Area shall consist of the land
and water within the boundaries of the Heritage Area, as depicted
on the map.
(c) AVAILABILITY OF MAP.—The map shall be on file and avail-
able for public inspection in the appropriate offices of the National
Park Service.
(d) LOCAL COORDINATING ENTITY.—The Crossroads of the Amer-
ican Revolution Association, Inc., a nonprofit corporation in the
State, shall be the local coordinating entity for the Heritage Area.
SEC. 297D. MANAGEMENT PLAN.
(a) IN GENERAL.—Not later than 3 years after the date on
which funds are made available to carry out this subtitle, the
local coordinating entity shall develop and forward to the Secretary
a management plan for the Heritage Area.
(b) REQUIREMENTS.—The management plan shall—
(1) include comprehensive policies, strategies, and rec-
ommendations for conservation, funding, management, and
development of the Heritage Area;
(2) take into consideration existing State, county, and local
plans;
(3) describe actions that units of local government, private
organizations, and individuals have agreed to take to protect
the cultural, historic, and natural resources of the Heritage
Area;
(4) identify existing and potential sources of funding for
the protection, management, and development of the Heritage
Area during the first 5 years of implementation of the manage-
ment plan; and
(5) include—
(A) an inventory of the cultural, educational, historic,
natural, recreational, and scenic resources of the Heritage
Area relating to the themes of the Heritage Area that
should be restored, managed, or developed;
(B) recommendations of policies and strategies for
resource management that result in—
(i) application of appropriate land and water
management techniques; and
(ii) development of intergovernmental and inter-
agency cooperative agreements to protect the cultural,
educational, historic, natural, recreational, and scenic
resources of the Heritage Area;
(C) a program of implementation of the management
plan that includes for the first 5 years of implementation—
(i) plans for resource protection, restoration,
construction; and
Deadline.
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(ii) specific commitments for implementation that
have been made by the local coordinating entity or
any government, organization, or individual;
(D) an analysis of and recommendations for ways in
which Federal, State, and local programs, including pro-
grams of the National Park Service, may be best coordi-
nated to promote the purposes of this subtitle; and
(E) an interpretive plan for the Heritage Area.
(c) APPROVAL OR DISAPPROVAL OF MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 90 days after the date
of receipt of the management plan under subsection (a), the
Secretary shall approve or disapprove the management plan.
(2) CRITERIA.—In determining whether to approve the
management plan, the Secretary shall consider whether—
(A) the Board of Directors of the local coordinating
entity is representative of the diverse interests of the Herit-
age Area, including—
(i) governments;
(ii) natural and historic resource protection
organizations;
(iii) educational institutions;
(iv) businesses; and
(v) recreational organizations;
(B) the local coordinating entity provided adequate
opportunity for public and governmental involvement in
the preparation of the management plan, including public
hearings;
(C) the resource protection and interpretation strate-
gies in the management plan would adequately protect
the cultural, historic, and natural resources of the Heritage
Area; and
(D) the Secretary has received adequate assurances
from the appropriate State and local officials whose support
is needed to ensure the effective implementation of the
State and local aspects of the management plan.
(3) ACTION FOLLOWING DISAPPROVAL.—If the Secretary dis-
approves the management plan under paragraph (1), the Sec-
retary shall—
(A) advise the local coordinating entity in writing of
the reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 60 days after the receipt of any
proposed revision of the management plan from the local
coordinating entity, approve or disapprove the proposed
revision.
(d) AMENDMENTS.—
(1) IN GENERAL.—The Secretary shall approve or disapprove
each amendment to the management plan that the Secretary
determines may make a substantial change to the management
plan.
(2) USE OF FUNDS.—Funds made available under this sub-
title shall not be expended by the local coordinating entity
to implement an amendment described in paragraph (1) until
the Secretary approves the amendment.
(e) IMPLEMENTATION.—On completion of the 3-year period
described in subsection (a), any funding made available under this
Deadline.
Recommen-
dations.
Deadline.
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subtitle shall be made available to the local coordinating entity
only for implementation of the approved management plan.
SEC. 297E. AUTHORITIES, DUTIES, AND PROHIBITIONS APPLICABLE
TO THE LOCAL COORDINATING ENTITY.
(a) AUTHORITIES.—For purposes of preparing and implementing
the management plan, the local coordinating entity may use funds
made available under this subtitle to—
(1) make grants to, provide technical assistance to, and
enter into cooperative agreements with, the State (including
a political subdivision), a nonprofit organization, or any other
person;
(2) hire and compensate staff, including individuals with
expertise in—
(A) cultural, historic, or natural resource protection;
or
(B) heritage programming;
(3) obtain funds or services from any source (including
a Federal law or program);
(4) contract for goods or services; and
(5) support any other activity—
(A) that furthers the purposes of the Heritage Area;
and
(B) that is consistent with the management plan.
(b) DUTIES.—In addition to developing the management plan,
the local coordinating entity shall—
(1) 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 in the
Heritage Area;
(B) establishing and maintaining interpretive exhibits
and programs in the Heritage Area;
(C) developing recreational and educational opportuni-
ties in the Heritage Area;
(D) increasing public awareness of and appreciation
for cultural, historic, and natural resources of the Heritage
Area;
(E) protecting and restoring historic sites and buildings
that are—
(i) located in the Heritage Area; and
(ii) related to the themes of the Heritage Area;
(F) ensuring that clear, consistent, and appropriate
signs identifying points of public access and sites of interest
are installed throughout the Heritage Area; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Area;
(2) in preparing and implementing the management plan,
consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage Area;
(3) conduct public meetings at least semiannually regarding
the development and implementation of the management plan;
(4) for any fiscal year for which Federal funds are received
under this subtitle—
Public meetings.
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PUBLIC LAW 109–338—OCT. 12, 2006
(A) submit to the Secretary a report that describes
for the year—
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordi-
nating entity; and
(iii) each entity to which a grant was made;
(B) make available for audit all information relating
to the expenditure of the funds and any matching funds;
and
(C) require, for all agreements authorizing expendi-
tures of Federal funds by any entity, that the receiving
entity make available for audit all records and other
information relating to the expenditure of the funds;
(5) encourage, by appropriate means, economic viability
that is consistent with the purposes of the Heritage Area;
and
(6) maintain headquarters for the local coordinating entity
at Morristown National Historical Park and in Mercer County.
(c) PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.—
(1) FEDERAL FUNDS.—The local coordinating entity shall
not use Federal funds made available under this subtitle to
acquire real property or any interest in real property.
(2) OTHER
FUNDS.—Notwithstanding paragraph (1), the
local coordinating entity may acquire real property or an
interest in real property using any other source of funding,
including other Federal funding.
SEC. 297F. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL
AGENCIES.
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—
(1) IN GENERAL.—On the request of the local coordinating
entity, the Secretary may provide technical and financial assist-
ance to the Heritage Area for the development and implementa-
tion of the management plan.
(2) PRIORITY
FOR
ASSISTANCE.—In providing assistance
under paragraph (1), the Secretary shall give priority to actions
that assist in—
(A) conserving the significant cultural, historic, nat-
ural, and scenic resources of the Heritage Area; and
(B) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes of the
Heritage Area.
(3) OPERATIONAL ASSISTANCE.—Subject to the availability
of appropriations, the Superintendent of Morristown National
Historical Park may, on request, provide to public and private
organizations in the Heritage Area, including the local coordi-
nating entity, any operational assistance that is appropriate
for the purpose of supporting the implementation of the
management plan.
(4) PRESERVATION OF HISTORIC PROPERTIES.—To carry out
the purposes of this subtitle, the Secretary may provide assist-
ance to a State or local government or nonprofit organization
to provide for the appropriate treatment of—
(A) historic objects; or
(B) structures that are listed or eligible for listing
on the National Register of Historic Places.
Records.
Reports.
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(5) COOPERATIVE AGREEMENTS.—The Secretary may enter
into cooperative agreements with the local coordinating entity
and other public or private entities to carry out this subsection.
(b) OTHER FEDERAL AGENCIES.—Any Federal agency conducting
or supporting an activity that directly affects the Heritage Area
shall—
(1) consult with the Secretary and the local coordinating
entity regarding the activity;
(2)(A) cooperate with the Secretary and the local coordi-
nating entity in carrying out the of the Federal agency under
this subtitle; and
(B) to the maximum extent practicable, coordinate the
activity with the carrying out of those duties; and
(3) to the maximum extent practicable, conduct the activity
to avoid adverse effects on the Heritage Area.
SEC. 297G. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated to
carry out this subtitle $10,000,000, of which not more than
$1,000,000 may be authorized to be appropriated for any fiscal
year.
(b) COST-SHARING REQUIREMENT.—The Federal share of the
cost of any activity assisted under this subtitle shall be not more
than 50 percent.
SEC. 297H. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under
this subtitle terminates on the date that is 15 years after the
date of enactment of this Act.
SEC. 297I. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) NOTIFICATION
AND
CONSENT
OF
PROPERTY
OWNERS
REQUIRED.—No privately owned property shall be preserved, con-
served, 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 manage-
ment 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 submit-
ting a written request to the management entity.
SEC. 297J. 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 government 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 private 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.
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PUBLIC LAW 109–338—OCT. 12, 2006
(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS IN HERITAGE
AREA.—Nothing in this title shall be construed to require the owner
of any private property located within the boundaries of the Herit-
age 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.
TITLE III—NATIONAL HERITAGE AREA
STUDIES
Subtitle A—Western Reserve Heritage Area
Study
SEC. 301. SHORT TITLE.
This subtitle may be cited as the ‘‘Western Reserve Heritage
Areas Study Act’’.
SEC. 302. NATIONAL PARK SERVICE STUDY REGARDING THE WESTERN
RESERVE, OHIO.
(a) FINDINGS.—The Congress finds the following:
(1) The area that encompasses the modern-day counties
of Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake,
Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and
Ashland in Ohio with the rich history in what was once the
Western Reserve, has made a unique contribution to the cul-
tural, political, and industrial development of the United States.
(2) The Western Reserve is distinctive as the land settled
by the people of Connecticut after the Revolutionary War. The
Western Reserve holds a unique mark as the original wilderness
land of the West that many settlers migrated to in order to
begin life outside of the original 13 colonies.
(3) The Western Reserve played a significant role in pro-
viding land to the people of Connecticut whose property and
land was destroyed during the Revolution. These settlers were
descendants of the brave immigrants who came to the Americas
in the 17th century.
(4) The Western Reserve offered a new destination for
those who moved west in search of land and prosperity. The
agricultural and industrial base that began in the Western
Reserve still lives strong in these prosperous and historical
counties.
(5) The heritage of the Western Reserve remains transfixed
in the counties of Trumbull, Mahoning, Ashtabula, Portage,
Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain,
Erie, Ottawa, and Ashland in Ohio. The people of these counties
are proud of their heritage as shown through the unwavering
attempts to preserve agricultural land and the industrial
foundation that has been embedded in this region since the
Western Reserve
Heritage Areas
Study Act.
Ohio.
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120 STAT. 1846
PUBLIC LAW 109–338—OCT. 12, 2006
establishment of the Western Reserve. Throughout these coun-
ties, historical sites, and markers preserve the unique traditions
and customs of its original heritage.
(6) The counties that encompass the Western Reserve con-
tinue to maintain a strong connection to its historic past as
seen through its preservation of its local heritage, including
historic homes, buildings, and centers of public gatherings.
(7) There is a need for assistance for the preservation
and promotion of the significance of the Western Reserve as
the natural, historic and cultural heritage of the counties of
Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuya-
hoga, Summit, Medina, Huron, Lorain, Erie, Ottawa and Ash-
land in Ohio.
(8) The Department of the Interior is responsible for pro-
tecting the Nation’s cultural and historical resources. There
are significant examples of such resources within these counties
and what was once the Western Reserve to merit the involve-
ment of the Federal Government in the development of pro-
grams and projects, in cooperation with the State of Ohio
and other local governmental entities, to adequately conserve,
protect, and interpret this heritage for future generations, while
providing opportunities for education and revitalization.
(b) STUDY.—
(1) IN
GENERAL.—The Secretary, acting through the
National Park Service Rivers, Trails, and Conservation Assist-
ance Program, Midwest Region, and in consultation with the
State of Ohio, the counties of Trumbull, Mahoning, Ashtabula,
Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron,
Lorain, Erie, Ottawa, and Ashland, and other appropriate
organizations, shall carry out a study regarding the suitability
and feasibility of establishing the Western Reserve Heritage
Area in these counties in Ohio.
(2) CONTENTS.—The study shall include analysis and docu-
mentation regarding whether the Study Area—
(A) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities
and by combining diverse and sometimes noncontiguous
resources and active communities;
(B) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the national story;
(C) provides outstanding opportunities to conserve nat-
ural, historic, cultural, or scenic features;
(D) provides outstanding recreational and educational
opportunities;
(E) contains resources important to the identified
theme or themes of the Study Area that retain a degree
of integrity capable of supporting interpretation;
(F) includes residents, business interests, nonprofit
organizations, and local and State governments that are
involved in the planning, have developed a conceptual
financial plan that outlines the roles for all participants,
including the Federal Government, and have demonstrated
support for the concept of a national heritage area;
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120 STAT. 1847
PUBLIC LAW 109–338—OCT. 12, 2006
(G) has a potential local coordinating entity to work
in partnership with residents, business interests, nonprofit
organizations, and local and State governments to develop
a national heritage area consistent with continued local
and State economic activity;
(H) has a conceptual boundary map that is supported
by the public; and
(I) has potential or actual impact on private property
located within or abutting the Study Area.
(c) BOUNDARIES OF THE STUDY AREA.—The Study Area shall
be comprised of the counties of Trumbull, Mahoning, Ashtabula,
Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain,
Erie, Ottawa, and Ashland in Ohio.
Subtitle B—St. Croix National Heritage
Area Study
SEC. 311. SHORT TITLE.
This subtitle may be cited as the ‘‘St. Croix National Heritage
Area Study Act’’.
SEC. 312. STUDY.
(a) IN GENERAL.—The Secretary of the Interior, in consultation
with appropriate State historic preservation officers, States histor-
ical societies, and other appropriate organizations, shall conduct
a study regarding the suitability and feasibility of designating the
island of St. Croix as the St. Croix National Heritage Area. The
study shall include analysis, documentation, and determination
regarding whether the island of St. Croix—
(1) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of Amer-
ican heritage worthy of recognition, conservation, interpreta-
tion, and continuing use, and are best managed through part-
nerships among public and private entities and by combining
diverse and sometimes noncontiguous resources and active
communities;
(2) reflects traditions, customs, beliefs, and folklife that
are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(4) provides outstanding recreational and educational
opportunities;
(5) contains resources important to the identified theme
or themes of the island of St. Croix that retain a degree of
integrity capable of supporting interpretation;
(6) 
includes 
residents, 
business 
interests, 
nonprofit
organizations, and local and State governments that are
involved in the planning, have developed a conceptual financial
plan that outlines the roles of all participants (including the
Federal Government), and have demonstrated support for the
concept of a national heritage area;
(7) has a potential local coordinating entity to work in
partnership with residents, business interests, nonprofit
organizations, and local and State governments to develop a
national heritage area consistent with continued local and State
economic activity; and
St. Croix
National
Heritage Area
Study Act.
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PUBLIC LAW 109–338—OCT. 12, 2006
(8) has a conceptual boundary map that is supported by
the public.
(b) REPORT.—Not later than 3 fiscal years after the date on
which funds are first made available for this section, the Secretary
of the Interior shall submit to the Committee on Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report on the findings, conclu-
sions, and recommendations of the study.
(c) PRIVATE PROPERTY.—In conducting the study required by
this section, the Secretary of the Interior shall analyze the potential
impact that designation of the area as a national heritage area
is likely to have on land within the proposed area or bordering
the proposed area that is privately owned at the time that the
study is conducted.
Subtitle C—Southern Campaign of the
Revolution
SEC. 321. SHORT TITLE.
This subtitle may be cited as the ‘‘Southern Campaign of the
Revolution Heritage Area Study Act’’.
SEC. 322. SOUTHERN CAMPAIGN OF THE REVOLUTION HERITAGE AREA
STUDY.
(a) STUDY.—The Secretary of the Interior, in consultation with
appropriate State historic preservation officers, States historical
societies, the South Carolina Department of Parks, Recreation, and
Tourism, and other appropriate organizations, shall conduct a study
regarding the suitability and feasibility of designating the study
area described in subsection (b) as the Southern Campaign of the
Revolution Heritage Area. The study shall include analysis, docu-
mentation, and determination regarding whether the study area—
(1) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of Amer-
ican heritage worthy of recognition, conservation, interpreta-
tion, and continuing use, and are best managed through part-
nerships among public and private entities and by combining
diverse and sometimes noncontiguous resources and active
communities;
(2) reflects traditions, customs, beliefs, and folklife that
are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(4) provides outstanding recreational and educational
opportunities;
(5) contains resources important to the identified theme
or themes of the study area that retain a degree of integrity
capable of supporting interpretation;
(6) 
includes 
residents, 
business 
interests, 
nonprofit
organizations, and local and State governments that are
involved in the planning, have developed a conceptual financial
plan that outlines the roles of all participants (including the
Federal Government), and have demonstrated support for the
concept of a national heritage area;
(7) has a potential local coordinating entity to work in
partnership with residents, business interests, nonprofit
Southern
Campaign of the
Revolution
Heritage Area
Study Act.
South Carolina.
North Carolina.
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120 STAT. 1849
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organizations, and local and State governments to develop a
national heritage area consistent with continued local and State
economic activity; and
(8) has a conceptual boundary map that is supported by
the public.
(b) STUDY AREA.—
(1) IN GENERAL.—
(A) SOUTH CAROLINA.—The study area shall include
the following counties in South Carolina: Anderson,
Pickens, 
Greenville 
County, 
Spartanburg, 
Cherokee
County, Greenwood, Laurens, Union, York, Chester, Dar-
lington, Florence, Chesterfield, Marlboro, Fairfield, Rich-
land, Lancaster, Kershaw, Sumter, Orangeburg, George-
town, Dorchester, Colleton, Charleston, Beaufort, Calhoun,
Clarendon, and Williamsburg.
(B) NORTH CAROLINA.—The study area may include
sites and locations in North Carolina as appropriate.
(2) SPECIFIC SITES.—The heritage area may include the
following sites of interest:
(A) NATIONAL
PARK
SERVICE
SITE.—Kings Mountain
National Military Park, Cowpens National Battlefield, Fort
Moultrie National Monument, Charles Pickney National
Historic Site, and Ninety Six National Historic Site as
well as the National Park Affiliate of Historic Camden
Revolutionary War Site.
(B) STATE-MAINTAINED
SITES.—Colonial Dorchester
State Historic Site, Eutaw Springs Battle Site, Hampton
Plantation State Historic Site, Landsford Canal State His-
toric Site, Andrew Jackson State Park, and Musgrove Mill
State Park.
(C) COMMUNITIES.—Charleston, Beaufort, Georgetown,
Kingstree, Cheraw, Camden, Winnsboro, Orangeburg, and
Cayce.
(D) OTHER KEY SITES OPEN TO THE PUBLIC.—Middleton
Place, Goose Creek Church, Hopsewee Plantation, Walnut
Grove Plantation, Fort Watson, and Historic Brattonsville.
(c) REPORT.—Not later than 3 fiscal years after the date on
which funds are first made available to carry out this subtitle,
the Secretary of the Interior shall submit to the Committee on
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report on the
findings, conclusions, and recommendations of the study.
SEC. 323. PRIVATE PROPERTY.
In conducting the study required by this subtitle, the Secretary
of the Interior shall analyze the potential impact that designation
of the area as a national heritage area is likely to have on land
within the proposed area or bordering the proposed area that is
privately owned at the time that the study is conducted.
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PUBLIC LAW 109–338—OCT. 12, 2006
TITLE 
IV—ILLINOIS 
AND 
MICHIGAN
CANAL NATIONAL HERITAGE COR-
RIDOR ACT AMENDMENTS
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Illinois and Michigan Canal
National Heritage Corridor Act Amendments of 2006’’.
SEC. 402. TRANSITION AND PROVISIONS FOR NEW LOCAL COORDI-
NATING 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 period 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 section 501(a) of such Code).’’.
(2) By adding at the end of section 112 the following
new paragraph:
‘‘(7) The Secretary shall enter into a memorandum of under-
standing with the Association to help ensure appropriate transi-
tion of the local coordinating entity to the Association and
coordination with the Association regarding that role.’’.
(3) By adding at the end the following new sections:
‘‘SEC. 119. ASSOCIATION AS LOCAL COORDINATING ENTITY.
‘‘Upon the termination of the Commission, the local coordi-
nating 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 Association 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 services.
‘‘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;
Deadline.
Memorandum.
16 USC 461 note.
16 USC 461 note.
Illinois and
Michigan Canal
National
Heritage
Corridor Act
Amendments of
2006.
16 USC 461 note.
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120 STAT. 1851
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‘‘(B) in establishing and maintaining interpretive
exhibits in the corridor;
‘‘(C) in developing recreational resources in the cor-
ridor;
‘‘(D) in increasing public awareness of and appreciation
for the natural, historical, and architectural 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 governmental, busi-
ness, and other groups within the corridor;
‘‘(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 estimates for implementa-
tion) 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 Secretary setting
forth the Association’s accomplishments, expenses and
income, and the identity 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 authorizing expendi-
ture of Federal funds by other organizations, 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 precludes the
Association from using Federal funds from other sources for author-
ized 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 submit 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 corridor;
‘‘(2) present comprehensive recommendations for the cor-
ridor’s conservation, funding, management, 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 corridor; and
‘‘(5) include—
Recommen-
dations.
Deadline.
Records.
Records.
Reports.
Public meetings.
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‘‘(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 key sites, visitor facilities and
attractions, and physical linkages;
‘‘(C) identification of overall goals and the strategies
and tasks intended to reach them, and a realistic schedule
for completing the tasks;
‘‘(D) a listing of the key resources and themes of the
corridor;
‘‘(E) identification of parties proposed to be responsible
for carrying out the tasks;
‘‘(F) a financial plan and other information on costs
and sources of funds;
‘‘(G) a description of the public participation process
used in developing the plan and a proposal for public
participation in the implementation of the management
plan;
‘‘(H) a mechanism and schedule for updating the plan
based on actual progress;
‘‘(I) a bibliography of documents used to develop the
management plan; and
‘‘(J) a discussion of any other relevant issues relating
to the management plan.
‘‘(b) DISQUALIFICATION FROM FUNDING.—If a proposed manage-
ment plan is not submitted to the Secretary within 2 years after
the date that Federal funds are made available for this purpose,
the Association shall be ineligible to receive additional funds under
this title until the Secretary receives a proposed management plan
from the Association.
‘‘(c) APPROVAL
OF MANAGEMENT PLAN.—The Secretary shall
approve or disapprove a proposed management plan submitted
under this title not later than 180 days after receiving such proposed
management plan. If action is not taken by the Secretary within
the time period specified in the preceding sentence, the management
plan shall be deemed approved. The Secretary shall consult with
the local entities representing the diverse interests of the corridor
including governments, natural and historic resource protection
organizations, educational institutions, businesses, recreational
organizations, community residents, and private property owners
prior to approving the management plan. The Association shall
conduct semi-annual public meetings, workshops, and hearings to
provide adequate opportunity for the public and local and govern-
mental entities to review and to aid in the preparation and
implementation of the management plan.
‘‘(d) EFFECT OF APPROVAL.—Upon the approval of the manage-
ment plan as provided in subsection (c), the management plan
shall supersede the conceptual plan contained in the National Park
Service report.
‘‘(e) ACTION FOLLOWING DISAPPROVAL.—If the Secretary dis-
approves a proposed management plan within the time period speci-
fied in subsection (c), the Secretary shall advise the Association
in writing of the reasons for the disapproval and shall make rec-
ommendations for revisions to the proposed management plan.
‘‘(f) APPROVAL OF AMENDMENTS.—The Secretary shall review
and approve all substantial amendments (including any increase
of more than 20 percent in the cost estimates for implementation)
Recommen-
dations.
Public meetings.
Deadline.
Deadline.
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120 STAT. 1853
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to the management plan. Funds made available under this title
may not be expended to implement any changes made by a substan-
tial amendment until the Secretary approves that substantial
amendment.
‘‘SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL
AGENCIES.
‘‘(a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon the request
of the Association, the Secretary may provide technical assistance,
on a reimbursable or nonreimbursable basis, and financial assist-
ance to the Association to develop and implement the management
plan. The Secretary is authorized to enter into cooperative agree-
ments with the Association and other public or private entities
for this purpose. In assisting the Association, the Secretary shall
give priority to actions that in general assist in—
‘‘(1) conserving the significant natural, historic, cultural,
and scenic resources of the corridor; and
‘‘(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the corridor.
‘‘(b) DUTIES OF OTHER FEDERAL AGENCIES.—Any Federal agency
conducting or supporting activities directly affecting the corridor
shall—
‘‘(1) consult with the Secretary and the Association with
respect to such activities;
‘‘(2) cooperate with the Secretary and the Association in
carrying out their duties under this title;
‘‘(3) to the maximum extent practicable, coordinate such
activities with the carrying out of such duties; and
‘‘(4) to the maximum extent practicable, conduct or support
such activities in a manner which the Association determines
is not likely to have an adverse effect on the corridor.
‘‘SEC. 125. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—To carry out this title there is authorized
to be appropriated $10,000,000, except that not more than
$1,000,000 may be appropriated to carry out this title for any
fiscal year.
‘‘(b) 50 PERCENT MATCH.—The Federal share of the cost of
activities carried out using any assistance or grant under this
title shall not exceed 50 percent of that cost.
‘‘SEC. 126. SUNSET.
‘‘The authority of the Secretary to provide assistance under
this title terminates on the date that is 15 years after the date
of enactment of this section.’’.
SEC. 403. PRIVATE PROPERTY PROTECTION.
The Illinois and Michigan Canal National Heritage Corridor
Act of 1984 is further amended by adding after section 126 (as
added by section 402) the following new sections:
‘‘SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
‘‘(a) NOTIFICATION
AND
CONSENT
OF
PROPERTY
OWNERS
REQUIRED.—No privately owned property shall be preserved, con-
served, or promoted by the management plan for the corridor until
the owner of that private property has been notified in writing
by the Association and has given written consent for such preserva-
tion, conservation, or promotion to the Association.
Contracts.
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PUBLIC LAW 109–338—OCT. 12, 2006
‘‘(b) LANDOWNER WITHDRAWAL.—Any owner of private property
included within the boundary of the corridor, and not notified
under subsection (a), shall have their property immediately removed
from the boundary of the corridor by submitting a written request
to the Association.
‘‘SEC. 128. 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 government 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 corridor shall not be consid-
ered to create any liability, or to have any effect on any liability
under any other law, of any private 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 COR-
RIDOR.—Nothing in this title shall be construed to require the
owner of any private property located within the boundaries of
the corridor to participate in or be associated with the corridor.
‘‘(e) EFFECT OF ESTABLISHMENT.—The boundaries designated
for the corridor represent the area within which Federal funds
appropriated for the purpose of this title may be expended. The
establishment of the corridor and its boundaries shall not be con-
strued to provide any nonexisting regulatory authority on land
use within the corridor or its viewshed by the Secretary, the
National Park Service, or the Association.’’.
SEC. 404. TECHNICAL AMENDMENTS.
Section 116 of Illinois and Michigan Canal National Heritage
Corridor Act of 1984 is amended—
(1) by striking subsection (b); and
(2) in subsection (a)—
(A) by striking ‘‘(a)’’ and all that follows through ‘‘For
each’’ and inserting ‘‘(a) For each’’;
(B) by striking ‘‘Commission’’ and inserting ‘‘Associa-
tion’’;
(C) by striking ‘‘Commission’s’’ and inserting ‘‘Associa-
tion’s’’;
(D) by redesignating paragraph (2) as subsection (b);
and
(E) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
TITLE V—MOKELUMNE RIVER
FEASIBILITY STUDY
SEC. 501. AUTHORIZATION OF MOKELUMNE RIVER REGIONAL WATER
STORAGE AND CONJUNCTIVE USE PROJECT STUDY.
Pursuant to the Reclamation Act of 1902 (32 Stat. 388) and
Acts amendatory thereof and supplemental thereto, not later than
Deadline.
16 USC 461 note.
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120 STAT. 1855
PUBLIC LAW 109–338—OCT. 12, 2006
2 years after the date of the enactment of this Act, the Secretary
of the Interior (hereafter in this title referred to as the ‘‘Secretary’’),
through the Bureau of Reclamation, and in consultation and
cooperation with the Mokelumne River Water and Power Authority,
shall complete and submit to the Committee on Resources of the
House of Representatives and the Committee on Energy and Nat-
ural Resources of the Senate copies of a study to determine the
feasibility of constructing a project to provide additional water
supply and improve water management reliability through the
development of new water storage and conjunctive use programs.
SEC. 502. USE OF REPORTS AND OTHER INFORMATION.
In developing the study under section 501, the Secretary shall
use, as appropriate, reports and any other relevant information
supplied by the Mokelumne River Water and Power Authority,
the East Bay Municipal Utility District, and other Mokelumne
River Forum stakeholders.
SEC. 503. COST SHARES.
(a) FEDERAL SHARE.—The Federal share of the costs of the
study conducted under this title shall not exceed 50 percent of
the total cost of the study.
(b) IN-KIND CONTRIBUTIONS.—The Secretary shall accept, as
appropriate, such in-kind contributions of goods or services from
the Mokelumne River Water and Power Authority as the Secretary
determines will contribute to the conduct and completion of the
study conducted under this title. Goods and services accepted under
this section shall be counted as part of the non-Federal cost share
for that study.
SEC. 504. WATER RIGHTS.
Nothing in this title shall be construed to invalidate, preempt,
or create any exception to State water law, State water rights,
or Federal or State permitted activities or agreements.
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary
$3,300,000 for the Federal cost share of the study conducted under
this title.
TITLE VI—DELAWARE NATIONAL
COASTAL SPECIAL RESOURCES STUDY
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Delaware National Coastal
Special Resources Study Act’’.
SEC. 602. STUDY.
(a) IN GENERAL.—The Secretary of the Interior (referred to
in this title as the ‘‘Secretary’’) shall conduct a special resources
study of the national significance, suitability, and feasibility of
including sites in the coastal region of the State of Delaware in
the National Park System.
(b) INCLUSION
OF SITES
IN
THE NATIONAL PARK SYSTEM.—
The study under subsection (a) shall include an analysis and any
recommendations of the Secretary concerning the suitability and
feasibility of designating 1 or more of the sites along the Delaware
Delaware
National Coastal
Special
Resources Study
Act.
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120 STAT. 1856
PUBLIC LAW 109–338—OCT. 12, 2006
coast, including Fort Christina, as a unit of the National Park
System that relates to the themes described in section 603.
(c) STUDY GUIDELINES.—In conducting the study authorized
under subsection (a), the Secretary shall use the criteria for the
study of areas for potential inclusion in the National Park System
contained in section 8 of Public Law 91–383 (16 U.S.C. 1a–5).
(d) CONSULTATION.—In preparing and conducting the study
under subsection (a), the Secretary shall consult with—
(1) the State of Delaware;
(2) the coastal region communities;
(3) owners of private property that would likely be impacted
by a National Park Service designation; and
(4) the general public.
SEC. 603. THEMES.
The study authorized under section 602 shall evaluate sites
along the coastal region of the State of Delaware that relate to—
(1) the history of indigenous peoples, which would explore
the history of Native American tribes of Delaware, such as
the Nanticoke and Lenni Lenape;
(2) the colonization and establishment of the frontier, which
would chronicle the first European settlers in the Delaware
Valley who built fortifications for the protection of settlers,
such as Fort Christina;
(3) the founding of a nation, which would document the
contributions of Delaware to the development of our constitu-
tional republic;
(4) industrial development, which would investigate the
exploitation of water power in Delaware with the mill develop-
ment on the Brandywine River;
(5) transportation, which would explore how water served
as the main transportation link, connecting Colonial Delaware
with England, Europe, and other colonies;
(6) coastal defense, which would document the collection
of fortifications spaced along the river and bay from Fort Dela-
ware on Pea Patch Island to Fort Miles near Lewes;
(7) the last stop to freedom, which would detail the role
Delaware has played in the history of the Underground Railroad
network; and
(8) the coastal environment, which would examine natural
resources of Delaware that provide resource-based recreational
opportunities such as crabbing, fishing, swimming, and boating.
SEC. 604. REPORT.
Not later than 2 years after funds are made available to carry
out this title under section 605, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives
a report containing the findings, conclusions, and recommendations
of the study conducted under section 602.
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120 STAT. 1857
PUBLIC LAW 109–338—OCT. 12, 2006
TITLE VII—JOHN H. CHAFEE BLACK-
STONE 
RIVER 
VALLEY 
NATIONAL
HERITAGE CORRIDOR REAUTHORIZA-
TION
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘John H. Chafee Blackstone
River Valley National Heritage Corridor Reauthorization Act of
2006’’.
SEC. 702. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL
HERITAGE CORRIDOR.
(a) COMMISSION MEMBERSHIP.—Section 3(b) of Public Law 99–
647 (16 U.S.C. 461 note) is amended—
(1) by striking ‘‘nineteen members’’ and inserting ‘‘25 mem-
bers’’;
(2) in paragraph (2)—
(A) by striking ‘‘six’’ and inserting ‘‘6’’; and
(B) by striking ‘‘Department of Environmental Manage-
ment Directors from Rhode Island and Massachusetts’’ and
inserting ‘‘the Director of the Rhode Island Department
of Environmental Management and the Secretary of the
Massachusetts Executive Office of Environmental Affairs’’;
(3) in paragraph (3)—
(A) by striking ‘‘four’’ each place it appears and
inserting ‘‘5’’; and
(B) by striking ‘‘and’’ after the semicolon;
(4) in paragraph (4)—
(A) by striking ‘‘two’’ each place it appears and
inserting ‘‘3’’; and
(B) by striking the period and inserting ‘‘; and’’; and
(5) by inserting after paragraph (4) the following:
‘‘(5) 1 representative of a nongovernmental organization
from Massachusetts and 1 from Rhode Island, to be appointed
by the Secretary, which have expertise in historic preservation,
conservation, outdoor recreation, cultural conservation, tradi-
tional arts, community development, or tourism.’’.
(b) QUORUM.—Section 3(f)(1) of Public Law 99–647 (16 U.S.C.
461 note) is amended by striking ‘‘Ten’’ and inserting ‘‘13’’.
(c) UPDATE
OF PLAN.—Section 6 of Public Law 99–647 (16
U.S.C. 461 note) is amended by adding at the end the following:
‘‘(e) UPDATE OF PLAN.—(1) Not later than 2 years after the
date of enactment of this subsection, the Commission shall update
the plan under subsection (a).
‘‘(2) In updating the plan under paragraph (1), the Commission
shall take into account the findings and recommendations included
in the Blackstone Sustainability Study conducted by the National
Park Service Conservation Study Institute.
‘‘(3) The update shall include—
‘‘(A) performance goals; and
‘‘(B) an analysis of—
‘‘(i) options for preserving, enhancing, and interpreting
the resources of the Corridor;
‘‘(ii) the partnerships that sustain those resources; and
‘‘(iii) the funding program for the Corridor.
Deadline.
16 USC 461 note.
16 USC 461 note.
John H. Chafee
Blackstone River
Valley National
Heritage
Corridor
Reauthorization
Act of 2006.
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120 STAT. 1858
PUBLIC LAW 109–338—OCT. 12, 2006
‘‘(4)(A) Except as provided in subparagraph (B), the Secretary
shall approve or disapprove any changes to the plan proposed
in the update in accordance with subsection (b).
‘‘(B) Minor revisions to the plan shall not be subject to the
approval of the Secretary.’’.
(d) EXTENSION OF COMMISSION.—Public Law 99–647 (16 U.S.C.
461 note) is amended by striking section 7 and inserting the fol-
lowing:
‘‘SEC. 7. TERMINATION OF COMMISSION.
‘‘The Commission shall terminate on the date that is 5 years
after the date of enactment of the John H. Chafee Blackstone
River Valley National Heritage Corridor Reauthorization Act of
2006.’’.
(e) SPECIAL RESOURCE STUDY.—Section 8 of Public Law 99–
647 (16 U.S.C. 461 note) is amended by adding at the end the
following:
‘‘(d) SPECIAL RESOURCE STUDY.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a special
resource study of sites and associated landscape features within
the boundaries of the Corridor that contribute to the under-
standing of the Corridor as the birthplace of the industrial
revolution in the United States.
‘‘(2) EVALUATION.—Not later than 3 years after the date
on which funds are made available to carry out this subsection,
the Secretary shall complete the study under paragraph (1)
to evaluate the possibility of—
‘‘(A) designating 1 or more site or landscape feature
as a unit of the National Park System; and
‘‘(B) coordinating and complementing actions by the
Commission, local governments, and State and Federal
agencies, in the preservation and interpretation of signifi-
cant resources within the Corridor.
‘‘(3) COORDINATION.—The Secretary shall coordinate the
Study with the Commission.
‘‘(4) REPORT.—Not later than 30 days after the date on
which the study under paragraph (1) is completed, the Secretary
shall submit to the Committee on Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes—
‘‘(A) the findings of the study; and
‘‘(B) the conclusions and recommendations of the Sec-
retary.’’.
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 10 of Public
Law 99–647 (16 U.S.C. 461 note) is amended—
(1) in subsection (a), by striking ‘‘$650,000’’ and inserting
‘‘$1,000,000’’; and
(2) by striking subsection (b) and inserting the following:
‘‘(b) DEVELOPMENT FUNDS.—There is authorized to be appro-
priated to carry out section 8(c) not more than $10,000,000 for
the period of fiscal years 2006 through 2016, to remain available
until expended.
‘‘(c) SPECIAL RESOURCE STUDY.—There are authorized to be
appropriated such sums as are necessary to carry out section 8(d).’’.
Deadline.
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120 STAT. 1859
PUBLIC LAW 109–338—OCT. 12, 2006
SEC. 703. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE.
(a) AUTHORIZATION OF APPROPRIATIONS.—Public Law 100–515
(16 U.S.C. 1244 note) is amended by striking section 6 and inserting
the following:
‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appropriated
to the Secretary such sums as are necessary to carry out this
Act.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN
GENERAL.—Amounts made available under sub-
section (a) shall be used only for—
‘‘(A) technical assistance; and
‘‘(B) the design and fabrication of interpretative mate-
rials, devices, and signs.
‘‘(2) LIMITATIONS.—No funds made available under sub-
section (a) shall be used for—
‘‘(A) operation, repair, or construction costs, except for
the costs of constructing interpretative exhibits; or
‘‘(B) operation, maintenance, or repair costs for any
road or related structure.
‘‘(3) COST-SHARING REQUIREMENT.—
‘‘(A) FEDERAL SHARE.—The Federal share of any project
carried out with amounts made available under subsection
(a)—
‘‘(i) may not exceed 50 percent of the total project
costs; and
‘‘(ii) shall be provided on a matching basis.
‘‘(B) FORM OF NON-FEDERAL SHARE.—The non-Federal
share of carrying out a project with amounts made available
under subsection (a) may be in the form of cash, materials,
or in-kind services, the value of which shall be determined
by the Secretary.
‘‘(c) TERMINATION OF AUTHORITY.—The authorities provided to
the Secretary under this Act shall terminate on September 30,
2007.’’.
(b) STRATEGIC PLAN.—
(1) IN GENERAL.—Not later than 3 years after the date
on which funds are made available, the Secretary of the Interior
shall prepare a strategic plan for the New Jersey Coastal
Heritage Trail Route.
(2) CONTENTS.—The strategic plan shall describe—
(A) opportunities to increase participation by national
and local private and public interests in the planning,
development, and administration of the New Jersey Coastal
Heritage Trail Route; and
(B) organizational options for sustaining the New
Jersey Coastal Heritage Trail Route.
Deadline.
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120 STAT. 1860
PUBLIC LAW 109–338—OCT. 12, 2006
TITLE VIII—CALIFORNIA RECLAMATION
GROUNDWATER 
REMEDIATION 
INI-
TIATIVE
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘California Reclamation Ground-
water Remediation Initiative’’.
SEC. 802. DEFINITIONS.
For the purposes of this title:
(1) GROUNDWATER REMEDIATION.—The term ‘‘groundwater
remediation’’ means actions that are necessary to prevent, mini-
mize, or mitigate damage to groundwater.
(2) LOCAL
WATER
AUTHORITY.—The term ‘‘local water
authority’’ means the Santa Clara Valley Water District or
a public water district, public water utility, public water plan-
ning agency, municipality, or Indian tribe located within the
Santa Clara Valley; and a public water district, public water
utility, public water planning agency, municipality, or Indian
tribe located within the natural watershed of the Santa Ana
river in the State of California.
(3) REMEDIATION
FUND.—The term ‘‘Remediation Fund’’
means the California Basins Groundwater Remediation Fund
established pursuant to section 803(a).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 803. CALIFORNIA BASINS REMEDIATION.
(a) CALIFORNIA BASINS REMEDIATION.—
(1) ESTABLISHMENT OF REMEDIATION FUND.—There shall
be established within the Treasury of the United States an
interest bearing account to be known as the California Basins
Groundwater Remediation Fund.
(2) ADMINISTRATION OF REMEDIATION FUND.—The Remedi-
ation Fund shall be administered by the Secretary of the
Interior, acting through the Bureau of Reclamation. The Sec-
retary shall administer the Remediation Fund in cooperation
with the local water authority.
(3) PURPOSES OF REMEDIATION FUND.—
(A) IN
GENERAL.—Subject to subparagraph (B), the
amounts in the Remediation Fund, including interest
accrued, shall be used by the Secretary to provide grants
to the local water authority to reimburse the local water
authority for the Federal share of the costs associated
with designing and constructing groundwater remediation
projects to be administered by the local water authority.
(B) COST-SHARING LIMITATION.—
(i) IN GENERAL.—The Secretary may not obligate
any funds appropriated to the Remediation Fund in
a fiscal year until the Secretary has deposited into
the Remediation Fund an amount provided by non-
Federal interests sufficient to ensure that at least 35
percent of any funds obligated by the Secretary for
a project are from funds provided to the Secretary
for that project by the non-Federal interests.
California
Reclamation
Groundwater
Remediation
Initiative.
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PUBLIC LAW 109–338—OCT. 12, 2006
(ii) NON-FEDERAL
RESPONSIBILITY.—Each local
water authority shall be responsible for providing the
non-Federal amount required by clause (i) for projects
under that local water authority. The State of Cali-
fornia, local government agencies, and private entities
may provide all or any portion of the non-Federal
amount.
(iii) CREDITS
TOWARD
NON-FEDERAL
SHARE.—For
purposes of clause (ii), the Secretary shall credit the
appropriate local water authority with the value of
all prior expenditures by non-Federal interests made
after January 1, 2000, that are compatible with the
purposes of this section, including—
(I) all expenditures made by non-Federal
interests to design and construct groundwater
remediation projects, including expenditures asso-
ciated with environmental analyses and public
involvement activities that were required to imple-
ment the groundwater remediation projects in
compliance with applicable Federal and State laws;
and
(II) all expenditures made by non-Federal
interests to acquire lands, easements, rights-of-
way, relocations, disposal areas, and water rights
that were required to implement a groundwater
remediation project.
(b) COMPLIANCE WITH APPLICABLE LAW.—In carrying out the
activities described in this section, the Secretary shall comply with
any applicable Federal and State laws.
(c) RELATIONSHIP TO OTHER ACTIVITIES.—Nothing in this sec-
tion shall be construed to affect other Federal or State authorities
that are being used or may be used to facilitate remediation and
protection of any groundwater subbasin eligible for funding pursu-
ant to this title. In carrying out the activities described in this
section, the Secretary shall integrate such activities with ongoing
Federal and State projects and activities. None of the funds made
available for such activities pursuant to this section shall be counted
against any Federal authorization ceiling established for any pre-
viously authorized Federal projects or activities.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Remediation Fund $25,000,000. Subject
to the limitations in section 804, such funds shall remain available
until expended.
SEC. 804. SUNSET OF AUTHORITY.
This title—
(1) shall take effect on the date of the enactment of this
Act; and
(2) is repealed effective as of the date that is 10 years
after the date of the enactment of this Act.
Effective date.
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PUBLIC LAW 109–338—OCT. 12, 2006
LEGISLATIVE HISTORY—S. 203:
SENATE REPORTS: No. 109–4 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 151 (2005): July 26, considered and passed Senate.
Vol. 152 (2006): July 24, considered and passed House, amended.
Sept. 29, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Oct. 13, Presidential statement.
TITLE IX—NATIONAL COAL HERITAGE
AREA
SEC. 901. NATIONAL COAL HERITAGE AREA AMENDMENTS.
Title I of Division II of the Omnibus Parks and Public Lands
Management Act of 1996 is amended as follows:
(1) In section 103(b)—
(A) by striking ‘‘comprised of the counties’’ and
inserting ‘‘shall be comprised of the following:
‘‘(1) The counties; and’’.
(B) by inserting after paragraph (1) (as so designated
by paragraph (1) of this subsection) the following new
paragraphs:
‘‘(2) Lincoln County, West Virginia.
‘‘(3) Paint Creek and Cabin Creek within Kanawha County,
West Virginia.’’.
(2) In section 104, by striking ‘‘Governor’’ and all that
follows through ‘‘organizations’’ and inserting ‘‘National Coal
Heritage Area Authority, a public corporation and government
instrumentality established by the State of West Virginia,
pursuant to which the Secretary shall assist the National Coal
Heritage Area Authority’’.
Approved October 12, 2006.
16 USC 461 note.
16 USC 461 note.
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