[105th Congress Public Law 355] [From the U.S. Government Printing Office] <DOC> [DOCID: f:publ355.105] [[Page 112 STAT. 3247]] Public Law 105-355 105th Congress An Act To authorize the Automobile National Heritage Area in the State of Michigan, and for other purposes. <<NOTE: Nov. 6, 1998 - [H.R. 3910]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I--AUTOMOBILE <<NOTE: Automobile National Heritage Area Act. 16 USC 461 note [table].>> NATIONAL HERITAGE AREA OF MICHIGAN SEC. 101. SHORT TITLE. This title may be cited as the ``Automobile National Heritage Area Act''. SEC. 102. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the industrial, cultural, and natural heritage legacies of Michigan's automobile industry are nationally significant; (2) in the areas of Michigan including and in proximity to Detroit, Dearborn, Pontiac, Flint, and Lansing, the design and manufacture of the automobile helped establish and expand the United States industrial power; (3) the industrial strength of automobile manufacturing was vital to defending freedom and democracy in 2 world wars and played a defining role in American victories; (4) the economic strength of our Nation is connected integrally to the vitality of the automobile industry, which employs millions of workers and upon which 1 out of 7 United States jobs depends; (5) the industrial and cultural heritage of the automobile industry in Michigan includes the social history and living cultural traditions of several generations; (6) the United Auto Workers and other unions played a significant role in the history and progress of the labor movement and the automobile industry; (7) the Department of the Interior is responsible for protecting and interpreting the Nation's cultural and historic resources, and there are significant examples of these resources within Michigan to merit the involvement of the Federal Government to develop programs and projects in cooperation with the Automobile National Heritage Area Partnership, Incorporated, the State of Michigan, and other local and governmental bodies, to adequately conserve, protect, and interpret [[Page 112 STAT. 3248]] this heritage for the educational and recreational benefit of this and future generations of Americans; (8) the Automobile National Heritage Area Partnership, Incorporated would be an appropriate entity to oversee the development of the Automobile National Heritage Area; and (9) 2 local studies, ``A Shared Vision for Metropolitan Detroit'' and ``The Machine That Changed the World'', and a National Park Service study, ``Labor History Theme Study: Phase III; Suitability-Feasibility'', demonstrated that sufficient historical resources exist to establish the Automobile National Heritage Area. (b) Purpose.--The purpose of this title is to establish the Automobile National Heritage Area to-- (1) foster a close working relationship with all levels of government, the private sector, and the local communities in Michigan and empower communities in Michigan to conserve their automotive heritage while strengthening future economic opportunities; and (2) conserve, interpret, and develop the historical, cultural, natural, and recreational resources related to the industrial and cultural heritage of the Automobile National Heritage Area. SEC. 103. DEFINITIONS. For purposes of this title: (1) Board.--The term ``Board'' means the Board of Directors of the Partnership. (2) Heritage area.--The term ``Heritage Area'' means the Automobile National Heritage Area established by section 104. (3) Partnership.--The term ``Partnership'' means the Automobile National Heritage Area Partnership, Incorporated (a nonprofit corporation established under the laws of the State of Michigan). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 104. AUTOMOBILE NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State of Michigan the Automobile National Heritage Area. (b) Boundaries.-- (1) In general.--Subject to paragraph (2), the boundaries of the Heritage Area shall include lands in Michigan that are related to the following corridors: (A) The Rouge River Corridor. (B) The Detroit River Corridor. (C) The Woodward Avenue Corridor. (D) The Lansing Corridor. (E) The Flint Corridor. (F) The Sauk Trail/Chicago Road Corridor. (2) Specific boundaries.--The specific boundaries of the Heritage Area shall be those specified in the management plan approved under section 106. (3) Map.--The Secretary shall prepare a map of the Heritage Area which shall be on file and available for public inspection in the office of the Director of the National Park Service. (4) Notice to local governments.--The Partnership shall provide to the government of each city, village, and township that has jurisdiction over property proposed to be included in the Heritage Area written notice of that proposal. [[Page 112 STAT. 3249]] (c) Administration.--The Heritage Area shall be administered in accordance with this title. SEC. 105. DESIGNATION OF PARTNERSHIP AS MANAGEMENT ENTITY. (a) In General.--The Partnership shall be the management entity for the Heritage Area. (b) Federal Funding.-- (1) Authorization to receive funds.--The Partnership may receive amounts appropriated to carry out this title. (2) Disqualification.--If a management plan for the Heritage Area is not submitted to the Secretary as required under section 106 within the time specified in that section, the Partnership shall cease to be authorized to receive Federal funding under this title until such a plan is submitted to the Secretary. (c) Authorities of Partnership.--The Partnership may, for purposes of preparing and implementing the management plan for the Heritage Area, use Federal funds made available under this title-- (1) to make grants to the State of Michigan, its political subdivisions, nonprofit organizations, and other persons; (2) to enter into cooperative agreements with or provide technical assistance to the State of Michigan, its political subdivisions, nonprofit organizations, and other organizations; (3) to hire and compensate staff; (4) to obtain money from any source under any program or law requiring the recipient of such money to make a contribution in order to receive such money; and (5) to contract for goods and services. (d) Prohibition of Acquisition of Real Property.--The Partnership may not use Federal funds received under this title to acquire real property or any interest in real property. SEC. 106. MANAGEMENT DUTIES OF THE AUTOMOBILE NATIONAL HERITAGE AREA PARTNERSHIP. (a) Heritage Area Management Plan.-- (1) Submission for review by secretary.--The Board of Directors of the Partnership shall, within 3 years after the date of the enactment of this title, develop and submit for review to the Secretary a management plan for the Heritage Area. (2) Plan requirements, generally.--A management plan submitted under this section shall-- (A) present comprehensive recommendations for the conservation, funding, management, and development of the Heritage Area; (B) be prepared with public participation; (C) take into consideration existing Federal, State, county, and local plans and involve residents, public agencies, and private organizations in the Heritage Area; (D) include a description of actions that units of government and private organizations are recommended to take to protect the resources of the Heritage Area; and (E) specify existing and potential sources of Federal and non-Federal funding for the conservation, management, and development of the Heritage Area. (3) Additional plan requirements.--The management plan also shall include the following, as appropriate: [[Page 112 STAT. 3250]] (A) An <<NOTE: Records.>> inventory of resources contained in the Heritage Area, including a list of property in the Heritage Area that should be conserved, restored, managed, developed, or maintained because of the natural, cultural, or historic significance of the property as it relates to the themes of the Heritage Area. The inventory may not include any property that is privately owned unless the owner of the property consents in writing to that inclusion. (B) A recommendation of policies for resource management that consider and detail the application of appropriate land and water management techniques, including (but not limited to) the development of intergovernmental cooperative agreements to manage the historical, cultural, and natural resources and recreational opportunities of the Heritage Area in a manner consistent with the support of appropriate and compatible economic viability. (C) A program for implementation of the management plan, including plans for restoration and construction and a description of any commitments that have been made by persons interested in management of the Heritage Area. (D) An analysis of means by which Federal, State, and local programs may best be coordinated to promote the purposes of this title. (E) An interpretive plan for the Heritage Area. (4) Approval <<NOTE: Deadlines.>> and disapproval of the management plan.-- (A) In general.--Not later than 180 days after submission of the Heritage Area management plan by the Board, the Secretary shall approve or disapprove the plan. If the Secretary has taken no action after 180 days, the plan shall be considered approved. (B) Disapproval and revisions.--If the Secretary disapproves the management plan, the Secretary shall advise the Board, in writing, of the reasons for the disapproval and shall make recommendations for revision of the plan. The Secretary shall approve or disapprove proposed revisions to the plan not later than 60 days after receipt of such revisions from the Board. If the Secretary has taken no action for 60 days after receipt, the plan and revisions shall be considered approved. (b) Priorities.--The Partnership shall give priority to the implementation of actions, goals, and policies set forth in the management plan for the Heritage Area, including-- (1) assisting units of government, regional planning organizations, and nonprofit organizations-- (A) in conserving the natural and cultural resources in the Heritage Area; (B) in establishing and maintaining interpretive exhibits in the Heritage Area; (C) in developing recreational opportunities in the Heritage Area; (D) in increasing public awareness of and appreciation for the natural, historical, and cultural resources of the Heritage Area; (E) in the restoration of historic buildings that are located within the boundaries of the Heritage Area and related to the theme of the Heritage Area; and [[Page 112 STAT. 3251]] (F) in ensuring that clear, consistent, and environmentally 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. (c) Consideration of Interests of Local Groups.--The Partnership shall, in preparing and implementing the management plan for the Heritage Area, consider the interest of diverse units of government, businesses, private property owners, and nonprofit groups within the Heritage Area. (d) Public Meetings.--The Partnership shall conduct public meetings at least annually regarding the implementation of the Heritage Area management plan. (e) Annual Reports.--The Partnership shall, for any fiscal year in which it receives Federal funds under this title or in which a loan made by the Partnership with Federal funds under section 105(c)(1) is outstanding, submit an annual report to the Secretary setting forth its accomplishments, its expenses and income, and the entities to which it made any loans and grants during the year for which the report is made. (f) Cooperation With Audits.--The Partnership shall, for any fiscal year in which it receives Federal funds under this title or in which a loan made by the Partnership with Federal funds under section 105(c)(1) is outstanding, make available for audit by the Congress, the Secretary, and appropriate units of government all records and other information pertaining to the expenditure of such funds and any matching funds, and require, for all agreements authorizing expenditure 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. (g) Delegation.--The Partnership may delegate the responsibilities and actions under this section for each corridor identified in section 104(b)(1). All delegated actions are subject to review and approval by the Partnership. SEC. 107. 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 units of government, nonprofit organizations, and other persons upon request of the Partnership, and to the Partnership, regarding the management plan and its implementation. (2) Prohibition of certain requirements.--The Secretary may not, as a condition of the award of technical assistance or grants under this section, require any recipient of such technical assistance or a grant to enact or modify land use restrictions. (3) Determinations regarding assistance.--The Secretary shall decide if a unit of government, nonprofit organization, or other person shall be awarded technical assistance or grants and the amount of that assistance. Such decisions shall be based on the relative degree to which the assistance effectively fulfills the objectives contained in the Heritage Area [[Page 112 STAT. 3252]] management plan and achieves the purposes of this title. Such decisions shall give consideration to projects which provide a greater leverage of Federal funds. (b) Provision of Information.--In cooperation with other Federal agencies, the Secretary shall provide the general public with information regarding the location and character of the Heritage Area. (c) Other Assistance.--The Secretary may enter into cooperative agreements with public and private organizations for the purposes of implementing this subsection. (d) Duties of Other Federal Agencies.--Any Federal entity conducting any activity directly affecting the Heritage Area shall consider the potential effect of the activity on the Heritage Area management plan and shall consult with the Partnership with respect to the activity to minimize the adverse effects of the activity on the Heritage Area. SEC. 108. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY. (a) Lack of Effect on Authority of Local Government.--Nothing in this title shall be construed to modify, enlarge, or diminish any authority of Federal, State, or local governments to regulate any use of land under any other law or regulation. (b) Lack of Zoning or Land Use Powers.--Nothing in this title shall be construed to grant powers of zoning or land use control to the Partnership. (c) Local Authority and Private Property Not Affected.--Nothing in this title shall be construed to affect or to authorize the Partnership to interfere with-- (1) the rights of any person with respect to private property; or (2) any local zoning ordinance or land use plan of the State of Michigan or a political subdivision thereof. SEC. 109. SUNSET. The Secretary may not make any grant or provide any assistance under this title after September 30, 2014. SEC. 110. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated under this title not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Heritage Area under this title. (b) 50 Percent Match.--Federal funding provided under this title, after the designation of the Heritage Area, may not exceed 50 percent of the total cost of any activity carried out with any financial assistance or grant provided under this title. TITLE II--GRAND STAIRCASE-ESCALANTE NATIONAL MONUMENT SEC. 201. <<NOTE: 16 USC 431 note [table].>> BOUNDARY ADJUSTMENTS AND CONVEYANCES, GRAND STAIRCASE-ESCALANTE NATIONAL MONUMENT, UTAH. (a) Exclusion of Certain Lands.--The boundaries of the Grand Staircase-Escalante National Monument in the State of Utah are hereby modified to exclude the following lands: [[Page 112 STAT. 3253]] (1) The parcel known as Henrieville Town, Utah, as generally depicted on the map entitled ``Henrieville Town Exclusion, Garfield County, Utah'', dated March 25, 1998. (2) The parcel known as Cannonville Town, Utah, as generally depicted on the map entitled ``Cannonville Town Exclusion, Garfield County, Utah'', dated March 25, 1998. (3) The parcel known as Tropic Town, Utah, as generally depicted on the map entitled ``Tropic Town Parcel'', dated July 21, 1998. (4) The parcel known as Boulder Town, Utah, as generally depicted on the map entitled ``Boulder Town Exclusion, Garfield County, Utah'', dated March 25, 1998. (b) Inclusion of Certain Additional Lands.--The boundaries of the Grand Staircase-Escalante National Monument are hereby modified to include the parcel known as East Clark Bench, as generally depicted on the map entitled ``East Clark Bench Inclusion, Kane County, Utah'', dated March 25, 1998. (c) Maps.--The maps referred to in subsections (a) and (b) shall be on file and available for public inspection in the office of the Grand Staircase-Escalante National Monument in the State of Utah and in the office of the Director of the Bureau of Land Management. (d) Land Conveyance, Tropic Town, Utah.--The Secretary of the Interior shall convey to Garfield County School District, Utah, all right, title, and interest of the United States in and to the lands shown on the map entitled ``Tropic Town Parcel'' and dated July 21, 1998, in accordance with section 1 of the Act of June 14, 1926 (43 U.S.C. 869; commonly known as the Recreation and Public Purposes Act), for use as the location for a school and for other education purposes. (e) Land Conveyance, Kodachrome Basin State Park, Utah.--The Secretary shall transfer to the State of Utah all right, title, and interest of the United States in and to the lands shown on the map entitled ``Kodachrome Basin Conveyance No. 1 and No. 2'' and dated July 21, 1998, in accordance with section 1 of the Act of June 14, 1926 (43 U.S.C. 869; commonly known as the Recreation and Public Purposes Act), for inclusion of the lands in Kodachrome Basin State Park. SEC. 202. UTILITY CORRIDOR DESIGNATION, U.S. ROUTE 89, KANE COUNTY, UTAH. There is hereby designated a utility corridor with regard to U.S. Route 89, in Kane County, Utah. The utility corridor shall run from the boundary of Glen Canyon Recreation Area westerly to Mount Carmel Jct. and shall consist of the following: (1) Bureau of Land Management lands located on the north side of U.S. Route 89 within 240 feet of the center line of the highway. (2) Bureau of Land Management lands located on the south side of U.S. Route 89 within 500 feet of the center line of the highway. [[Page 112 STAT. 3254]] TITLE III--TUSKEGEE <<NOTE: 16 USC 461 note [table].>> AIRMEN NATIONAL HISTORIC SITE, ALABAMA SEC. 301. DEFINITIONS. As used in this title: (1) Historic site.--The term ``historic site'' means the Tuskegee Airmen National Historic Site as established by section 303. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tuskegee airmen.--The term ``Tuskegee Airmen'' means the thousands of men and women who were trained at Tuskegee University's Moton Field to serve in America's African-American Air Force units during World War II and those men and women who participate in the Tuskegee Experience today, who are represented by Tuskegee Airmen, Inc. (4) Tuskegee university.--The term ``Tuskegee University'' means the institution of higher education by that name located in the State of Alabama and founded by Booker T. Washington in 1881, formerly named Tuskegee Institute. SEC. 302. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The struggle of African-Americans for greater roles in North American military conflicts spans the 17th, 18th, 19th, and 20th centuries. Opportunities for African-American participation in the United States military were always very limited and controversial. Quotas, exclusion, and racial discrimination were based on the prevailing attitude in the United States, particularly on the part of the United States military, that African-Americans did not possess the intellectual capacity, aptitude, and skills to be successful fighters. (2) As late as the 1940's these perceptions continued within the United States military. Key leaders within the United States Army Air Corps did not believe that African-Americans possessed the capacity to become successful military pilots. After succumbing to pressure exerted by civil rights groups and the black press, the Army decided to train a small number of African-American pilot cadets under special conditions. Although prejudice and discrimination against African-Americans was a national phenomenon, not just a southern trait, it was more intense in the South where it had hardened into rigidly enforced patterns of segregation. Such was the environment where the military chose to locate the training of the Tuskegee Airmen. (3) The military selected Tuskegee Institute (now known as Tuskegee University) as a civilian contractor for a variety of reasons. These included the school's existing facilities, engineering and technical instructors, and a climate with ideal flying conditions year round. Tuskegee Institute's strong interest in providing aeronautical training for African-American youths was also an important factor. Students from the school's civilian pilot training program had some of the best test scores when compared to other students from programs across the Southeast. [[Page 112 STAT. 3255]] (4) In 1941 the United States Army Air Corps awarded a contract to Tuskegee Institute to operate a primary flight school at Moton Field. Tuskegee Institute (now known as Tuskegee University) chose an African-American contractor who designed and constructed Moton Field, with the assistance of its faculty and students, as the site for its military pilot training program. <<NOTE: Robert Russa Moton.>> The field was named for the school's second president, Robert Russa Moton. Consequently, Tuskegee Institute was one of a very few American institutions (and the only African-American institution) to own, develop, and control facilities for military flight instruction. (5) Moton Field, also known as the Primary Flying Field or Airport Number 2, was the only primary flight training facility for African-American pilot candidates in the United States Army Air Corps during World War II. The facility symbolizes the entrance of African-American pilots into the United States Army Air Corps, although on the basis of a policy of segregation that was mandated by the military and institutionalized in the South. The facility also symbolizes the singular role of Tuskegee Institute (Tuskegee University) in providing leadership as well as economic and educational resources to make that entry possible. (6) The Tuskegee Airmen were the first African-American soldiers to complete their training successfully and to enter the United States Army Air Corps. Almost 1,000 aviators were trained as America's first African-American military pilots. In addition, more than 10,000 military and civilian African- American men and women served as flight instructors, officers, bombardiers, navigators, radio technicians, mechanics, air traffic controllers, parachute riggers, electrical and communications specialists, medical professionals, laboratory assistants, cooks, musicians, supply, firefighting, and transportation personnel. (7) Although military leaders were hesitant to use the Tuskegee Airmen in combat, the Airmen eventually saw considerable action in North Africa and Europe. Acceptance from United States Army Air Corps units came slowly, but their courageous and, in many cases, heroic performance earned them increased combat opportunities and respect. (8) <<NOTE: Harry S. Truman.>> The successes of the Tuskegee Airmen proved to the American public that African-Americans, when given the opportunity, could become effective military leaders and pilots. This helped pave the way for desegregation of the military, beginning with President Harry S. Truman's Executive Order 9981 in 1948. The Tuskegee Airmen's success also helped set the stage for civil rights advocates to continue the struggle to end racial discrimination during the civil rights movement of the 1950's and 1960's. (9) The story of the Tuskegee Airmen also reflects the struggle of African-Americans to achieve equal rights, not only through legal attacks on the system of segregation, but also through the techniques of nonviolent direct action. The members of the 477th Bombardment Group, who staged a nonviolent demonstration to desegregate the officer's club at Freeman Field, Indiana, helped set the pattern for direct action protests popularized by civil rights activists in later decades. (b) Purposes.--The purposes of this title are the following: [[Page 112 STAT. 3256]] (1) To inspire present and future generations to strive for excellence by understanding and appreciating the heroic legacy of the Tuskegee Airmen, through interpretation and education, and the preservation of cultural resources at Moton Field, which was the site of primary flight training. (2) To commemorate and interpret-- (A) the impact of the Tuskegee Airmen during World War II; (B) the training process for the Tuskegee Airmen, including the roles played by Moton Field, other training facilities, and related sites; (C) the African-American struggle for greater participation in the United States Armed Forces and more significant roles in defending their country; (D) the significance of successes of the Tuskegee Airmen in leading to desegregation of the United States Armed Forces shortly after World War II; and (E) the impacts of Tuskegee Airmen accomplishments on subsequent civil rights advances of the 1950's and 1960's. (3) To recognize the strategic role of Tuskegee Institute (now Tuskegee University) in training the airmen and commemorating them at this historic site. SEC. 303. ESTABLISHMENT OF TUSKEGEE AIRMEN NATIONAL HISTORIC SITE. (a) Establishment.--In order to commemorate and interpret, in association with Tuskegee University, the heroic actions of the Tuskegee Airmen during World War II, there is hereby established as a unit of the National Park System the Tuskegee Airmen National Historic Site in the State of Alabama. (b) Description of Historic Site.-- (1) Initial parcel.--The historic site shall consist of approximately 44 acres, including approximately 35 acres owned by Tuskegee University and approximately 9 acres owned by the City of Tuskegee, known as Moton Field, in Macon County, Alabama, as generally depicted on a map entitled ``Tuskegee Airmen National Historic Site Boundary Map'', numbered NHS-TA- 80,000, and dated September 1998. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (2) Subsequent expansion.--Upon completion of agreements regarding the development and operation of the Tuskegee Airmen National Center as described in subsection 304, the Secretary is authorized to acquire approximately 46 additional acres owned by Tuskegee University as generally depicted on the map referenced in paragraph (1). Lands acquired by the Secretary pursuant to this paragraph shall be administered by the Secretary as part of the historic site. (c) Property Acquisition.--The Secretary may acquire by donation, exchange, or purchase with donated or appropriated funds the real property described in subsection (b), except that any property owned by the State of Alabama, any political subdivision thereof, or Tuskegee University may be acquired only by donation. Property donated by Tuskegee University shall be used only for purposes consistent with the purposes of this title. The Secretary [[Page 112 STAT. 3257]] may also acquire by the same methods personal property associated with, and appropriate for, the interpretation of the historic site. (d) Administration of Historic Site.-- (1) In general.--The Secretary shall administer the historic site in accordance with this title and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.). (2) Role of tuskegee university.--The Secretary shall consult with Tuskegee University as its principal partner in determining the organizational structure, developing the ongoing interpretive themes, and establishing policies for the wise management, use and development of the historic site. With the agreement of Tuskegee University, the Secretary shall engage appropriate departments, and individual members of the University's staff, faculty, and students in the continuing work of helping to identify, research, explicate, interpret, and format materials for the historic site. Through the President of the University, or with the approval of the President of the University, the Secretary shall seek to engage Tuskegee alumni in the task of providing artifacts and historical information for the historic site. (3) Role of tuskegee airmen.--The Secretary, in cooperation with Tuskegee University, shall work with the Tuskegee Airmen to facilitate the acquisition of artifacts, memorabilia, and historical research for interpretive exhibits, and to support their efforts to raise funds for the development of visitor facilities and programs at the historic site. (4) Development.--Operation and development of the historic site shall reflect Alternative C, Living History: The Tuskegee Airmen Experience, as expressed in the final special resource study entitled ``Moton Field/Tuskegee Airmen Special Resource Study'', dated September 1998. Subsequent development of the historic site shall reflect Alternative D after an agreement is reached with Tuskegee University on the development of the Tuskegee Airmen National Center as described in section 304. (e) Cooperative Agreements Generally.--The Secretary may enter into cooperative agreements with Tuskegee University, other educational institutions, the Tuskegee Airmen, individuals, private and public organizations, and other Federal agencies in furtherance of the purposes of this title. The Secretary shall consult with Tuskegee University in the formulation of any major cooperative agreements with other universities or Federal agencies that may affect Tuskegee University's interests in the historic site. To every extent possible, the Secretary shall seek to complete cooperative agreements requiring the use of higher educational institutions with and through Tuskegee University. SEC. 304. TUSKEGEE AIRMEN NATIONAL CENTER. (a) Cooperative Agreement for Development.--The Secretary shall enter into a cooperative agreement with Tuskegee University to define the partnership needed to develop the Tuskegee Airmen National Center on the grounds of the historic site. [[Page 112 STAT. 3258]] (b) Purpose of Center.--The purpose of the Tuskegee Airmen National Center shall be to extend the ability to relate more fully the story of the Tuskegee Airmen at Moton Field. The center shall provide for a Tuskegee Airmen Memorial, shall provide large exhibit space for the display of period aircraft and equipment used by the Tuskegee Airmen, and shall house a Tuskegee University Department of Aviation Science. The Secretary shall insure that interpretive programs for visitors benefit from the University's active pilot training instruction program, and the historical continuum of flight training in the tradition of the Tuskegee Airmen. The Secretary is authorized to permit the Tuskegee University Department of Aviation Science to occupy historic buildings within the Moton Field complex until the Tuskegee Airmen National Center has been completed. (c) Report.--Within <<NOTE: Deadline.>> 1 year after the date of the enactment of this Act, the Secretary, in consultation with Tuskegee University and the Tuskegee Airmen, shall prepare a report on the partnership needed to develop the Tuskegee Airmen National Center, and submit the report to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (d) Time for Agreement.--Sixty days after the report required by subsection (c) is submitted to Congress, the Secretary may enter into the cooperative agreement under this section with Tuskegee University, and other interested partners, to implement the development and operation of the Tuskegee Airmen National Center. SEC. 305. GENERAL <<NOTE: Deadline.>> MANAGEMENT PLAN. Within 2 complete fiscal years after funds are first made available to carry out this title, the Secretary shall prepare, in consultation with Tuskegee University, a general management plan for the historic site and shall submit the plan to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. SEC. 306. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this title, $29,114,000. TITLE IV--DELAWARE <<NOTE: 16 USC 461 note [table].>> AND LEHIGH NATIONAL HERITAGE CORRIDOR OF PENNSYLVANIA SEC. 401. CHANGE IN NAME OF HERITAGE CORRIDOR. The Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 (Public Law 100-692; 102 Stat. 4552; 16 U.S.C. 461 note) is amended by striking ``Delaware and Lehigh Navigation Canal National Heritage Corridor'' each place it appears (except section 4(a)) and inserting ``Delaware and Lehigh National Heritage Corridor''. SEC. 402. PURPOSE. Section 3(b) of such Act (102 Stat. 4552) is amended as follows: (1) By inserting after ``subdivisions'' the following: ``in enhancing economic development within the context of preservation and''. [[Page 112 STAT. 3259]] (2) By striking ``and surrounding the Delaware and Lehigh Navigation Canal in the Commonwealth'' and inserting ``the Corridor''. SEC. 403. CORRIDOR COMMISSION. (a) Membership.--Section 5(b) of such Act (102 Stat. 4553) is amended as follows: (1) In the matter preceding paragraph (1), by striking ``appointed not later than 6 months after the date of the enactment of this Act''. (2) By striking paragraph (2) and inserting the following: ``(2) three individuals appointed by the Secretary upon consideration of individuals recommended by the Governor, of whom-- ``(A) one shall represent the Pennsylvania Department of Conservation and Natural Resources; ``(B) one shall represent the Pennsylvania Department of Community and Economic Development; and ``(C) one shall represent the Pennsylvania Historical and Museum Commission.''. (3) In paragraph (3), by striking ``the Secretary, after receiving recommendations from the Governor, of whom'' and all that follows through ``Delaware Canal region'' and inserting the following: ``the Secretary upon consideration of individuals recommended by the Governor, of whom-- ``(A) one shall represent a city, one shall represent a borough, and one shall represent a township; and ``(B) one shall represent each of the 5 counties of Luzerne, Carbon, Lehigh, Northampton, and Bucks in Pennsylvania''. (4) In paragraph (4)-- (A) By striking ``8 individuals'' and inserting ``nine individuals''. (B) By striking ``the Secretary, after receiving recommendations from the Governor, who shall have'' and all that follows through ``Canal region. A vacancy'' and inserting the following: ``the Secretary upon consideration of individuals recommended by the Governor, of whom-- ``(A) three shall represent the northern region of the Corridor; ``(B) three shall represent the middle region of the Corridor; and ``(C) three shall represent the southern region of the Corridor. A vacancy''. (b) Terms.--Section 5 of such Act (102 Stat. 4553) is amended by striking subsection (c) and inserting the following: ``(c) Terms.--The following provisions shall apply to a member of the Commission appointed under paragraph (3) or (4) of subsection (b): ``(1) Length of term.--The member shall be appointed for a term of 3 years. ``(2) Carryover.--The member shall serve until a successor is appointed by the Secretary. ``(3) Replacement.--If <<NOTE: Deadline.>> the member resigns or is unable to serve due to incapacity or death, the Secretary shall appoint, not later than 60 days after receiving a nomination of the [[Page 112 STAT. 3260]] appointment from the Governor, a new member to serve for the remainder of the term. ``(4) Term limits.--A member may serve for not more than 6 years.''. SEC. 404. POWERS OF CORRIDOR COMMISSION. (a) Conveyance of Real Estate.--Section 7(g)(3) of such Act (102 Stat. 4555) is amended in the first sentence by inserting ``or nonprofit organization'' after ``appropriate public agency''. (b) Cooperative Agreements.--Section 7(h) of such Act (102 Stat. 4555) is amended as follows: (1) In the first sentence, by inserting ``any nonprofit organization,'' after ``subdivision of the Commonwealth,''. (2) In the second sentence, by inserting ``such nonprofit organization,'' after ``such political subdivision,''. SEC. 405. DUTIES OF CORRIDOR COMMISSION. Section 8(b) of such Act (102 Stat. 4556) is amended in the matter preceding paragraph (1) by inserting ``, cultural, natural, recreational, and scenic'' after ``interpret the historic''. SEC. 406. TERMINATION OF CORRIDOR COMMISSION. Section 9(a) of such Act (102 Stat. 4556) is amended by striking ``on the day occurring 5 years after the date of the enactment of this Act'' and inserting ``on November 18, 2003''. SEC. 407. DUTIES OF OTHER FEDERAL ENTITIES. Section 11 of such Act (102 Stat. 4557) is amended in the matter preceding paragraph (1) by striking ``the flow of the Canal or the natural'' and inserting ``directly affecting the purposes of the Corridor''. SEC. 408. AUTHORIZATION OF APPROPRIATIONS. (a) Commission.--Section 12(a) of such Act (102 Stat. 4558) is amended by striking ``$350,000'' and inserting ``$1,000,000''. (b) Management Action Plan.--Section 12 of such Act (102 Stat. 4558) is amended by adding at the end the following: ``(c) Management Action Plan.-- ``(1) In general.--To implement the management action plan created by the Commission, there is authorized to be appropriated $1,000,000 for each of fiscal years 2000 through 2007. ``(2) Limitation on expenditures.--Amounts made available under paragraph (1) shall not exceed 50 percent of the costs of implementing the management action plan.''. SEC. 409. LOCAL AUTHORITY AND PRIVATE PROPERTY. Such Act is further amended-- (1) by redesignating section 13 (102 Stat. 4558) as section 14; and (2) by inserting after section 12 the following: ``SEC. 13. LOCAL AUTHORITY AND PRIVATE PROPERTY. ``The Commission shall not interfere with-- ``(1) the private property rights of any person; or ``(2) any local zoning ordinance or land use plan of the Commonwealth of Pennsylvania or any political subdivision of Pennsylvania.''. [[Page 112 STAT. 3261]] SEC. 410. DUTIES OF THE SECRETARY. Section 10 of such Act (102 Stat. 4557) is amended by striking subsection (d) and inserting the following: ``(d) Technical Assistance and Grants.--The Secretary, upon request of the Commission, is authorized to provide grants and technical assistance to the Commission or units of government, nonprofit organizations, and other persons, for development and implementation of the Plan.''. TITLE V--OTHER MATTERS SEC. 501. BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR, MASSACHUSETTS AND RHODE ISLAND. Section 10(b) of the Act entitled ``An Act to establish the Blackstone River Valley National Heritage Corridor in Massachusetts and Rhode Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), is amended by striking ``For fiscal year 1996, 1997, and 1998,'' and inserting ``For fiscal years 1998, 1999, and 2000,''. SEC. 502. ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR, ILLINOIS. (a) Extension of Commission.--Section 111(a) of the Illinois and Michigan Canal National Heritage Corridor Act of 1984 (Public Law 98- 398; 98 Stat. 1456; 16 U.S.C. 461 note) is amended by striking ``ten'' and inserting ``20''. (b) Repeal of Extension Authority.--Section 111 of such Act (16 U.S.C. 461 note) is further amended-- (1) by striking ``(a) Termination.--''; and (2) by striking subsection (b). SEC. 503. <<NOTE: 16 USC 1132 note [table].>> WASATCH-CACHE NATIONAL FOREST AND MOUNT NAOMI WILDERNESS, UTAH. (a) Boundary Adjustment.--To correct a faulty land survey, the boundaries of the Wasatch-Cache National Forest in the State of Utah and the boundaries of the Mount Naomi Wilderness, which is located within the Wasatch-Cache National Forest and was established as a component of the National Wilderness Preservation System in section 102(a)(1) of the Utah Wilderness Act of 1984 (Public Law 98-428; 98 Stat. 1657), are hereby modified to exclude the parcel of land known as the D. Hyde property, which encompasses an area of cultivation and private use, as generally depicted on the map entitled ``D. Hyde Property Section 7 Township 12 North Range 2 East SLB & M'', dated July 23, 1998. (b) Land <<NOTE: Darrell Edward Hyde.>> Conveyance.--The Secretary of Agriculture shall convey to Darrell Edward Hyde of Cache County, Utah, all right, title, and interest of the United States in and to the parcel of land identified in subsection (a). As part of the conveyance, the Secretary shall release, on behalf of the United States, any claims of the United States against Darrell Edward Hyde for trespass or unauthorized use of the parcel before its conveyance. (c) Wilderness Addition.--To prevent any net loss of wilderness within the State of Utah, the boundaries of the Mount Naomi Wilderness are hereby modified to include a parcel of land comprising approximately 7.25 acres, identified as the ``Mount Naomi [[Page 112 STAT. 3262]] Wilderness Boundary Realignment Consideration'' on the map entitled ``Mount Naomi Wilderness Addition'', dated September 25, 1998. SEC. 504. AUTHORIZATION TO USE LAND IN MERCED COUNTY, CALIFORNIA, FOR ELEMENTARY SCHOOL. (a) Removal of Restrictions.--Notwithstanding the restrictions otherwise applicable under the terms of conveyance by the United States of any of the land described in subsection (b) to Merced County, California, or under any agreement concerning any part of such land between such county and the Secretary of the Interior or any other officer or agent of the United States, the land described in subsection (b) may be used for the purpose specified in subsection (c). (b) Land Affected.--The land referred to in subsection (a) is the north 25 acres of the 40 acres located in the northwest quarter of the southwest quarter of section 20, township 7 south, range 13 east, Mount Diablo base line and Meridian in Merced County, California, conveyed to such county by deed recorded in volume 1941 at page 441 of the official records in Merced County, California. (c) Authorized Uses.--Merced County, California, may authorize the use of the land described in subsection (b) for an elementary school serving children without regard to their race, creed, color, national origin, physical or mental disability, or sex, operated by a nonsectarian organization on a nonprofit basis and in compliance with all applicable requirements of the laws of the United States and the State of California. If Merced County permits such lands to be used for such purposes, the county shall include information concerning such use in the periodic reports to the Secretary of the Interior required under the terms of the conveyance of such lands to the county by the United States. Any violation of the provisions of this subsection shall be deemed to be a breach of the conditions and covenants under which such lands were conveyed to Merced County by the United States, and shall have the same effect as provided by deed whereby the United States conveyed the lands to the county. Except as specified in this subsection, nothing in this section shall increase or diminish the authority or responsibility of the county with respect to the land. SEC. 505. <<NOTE: California.>> ROSIE THE RIVETER NATIONAL PARK SERVICE AFFILIATED SITE. (a) Findings.--The Congress finds the following: (1) The City of Richmond, California, is located on the northeastern shore of San Francisco Bay and consists of several miles of waterfront which have been used for shipping and industry since the beginning of the 20th century. During the years of World War II, the population of Richmond grew from 220 to over 100,000. (2) An area of Richmond, California, now known as Marina Park and Marina Green, was the location in the 1940's of the Richmond Kaiser Shipyards, which produced Liberty and Victory ships during World War II. (3) Thousands of women of all ages and ethnicities moved from across the United States to Richmond, California, in search of high paying jobs and skills never before available to women in the shipyards. [[Page 112 STAT. 3263]] (4) Kaiser Corporation supported women workers by installing child care centers at the shipyards so mothers could work while their children were well cared for nearby. (5) These women, referred to as ``Rosie the Riveter'' and ``Wendy the Welder'', built hundreds of Liberty and Victory ships in record time for use by the United States Navy. Their labor played a crucial role in increasing American productivity during the war years and in meeting the demand for naval ships. (6) In part the Japanese plan to defeat the United States Navy was predicated on victory occurring before United States shipyards could build up its fleet of ships. (7) The City of Richmond, California, has dedicated the former site of Kaiser Shipyard #2 as Rosie the Riveter Memorial Park and will construct a memorial honoring American women's labor during World War II. The memorial will be representative of one of the Liberty ships built on the site during the war effort. (8) The City of Richmond, California, is committed to collective interpretative oral histories for the public to learn of the stories of the ``Rosies'' and ``Wendys'' who worked in the shipyards. (9) The Rosie the Riveter Park is a nationally significant site because there tens of thousands of women entered the workforce for the first time, working in heavy industry to support their families and the War effort. This was a turning point for the Richmond, California, area and the Nation as a whole, when women joined the workforce and successfully completed jobs for which previously it was believed they were incapable. (b) Study.-- (1) In general.--The Secretary of the Interior shall conduct a feasibility study to determine whether-- (A) the Rosie the Riveter Park located in Richmond, California, is suitable for designation as an affiliated site to the National Park Service; and (B) the Rosie the Riveter Memorial Committee established by the City of Richmond, California, with respect to that park is eligible for technical assistance for interpretative functions relating to the park, including preservation of oral histories from former works at the Richmond Kaiser Shipyards. (2) Reports.--Not <<NOTE: Deadlne.>> later than 6 months after the date of the enactment of this Act, the Secretary shall complete the study under paragraph (1) and submit a report containing findings, conclusions, and recommendations from the study to the Committee on Resources of the House of Representatives and the Committee on Energy and Environment of the Senate. SEC. 506. FORT DAVIS HISTORIC SITE, FORT DAVIS, TEXAS. The Act entitled ``An Act Authorizing the establishment of a national historic site at Fort Davis, Jeff Davis County, Texas'', approved September 8, 1961 (75 Stat. 488; 16 U.S.C. 461 note), is amended in the first section by striking ``not to exceed four hundred and sixty acres'' and inserting ``not to exceed 476 acres''. [[Page 112 STAT. 3264]] SEC. 507. REAUTHORIZATION OF DELAWARE WATER GAP NATIONAL RECREATION AREA CITIZEN ADVISORY COMMISSION. Section 5 of Public Law 101-573 (16 U.S.C. 460o note) is amended by striking ``10'' and inserting ``20''. SEC. 508. ACQUISITION <<NOTE: New Jersey.>> OF WARREN PROPERTY FOR MORRISTOWN NATIONAL HISTORICAL PARK. The Act entitled ``An Act to provide for the establishment of the Morristown National Historical Park in the State of New Jersey, and for other purposes'', approved March 2, 1933 (chapter 182; 16 U.S.C. 409 et seq.), is amended by adding at the end the following new section: ``Sec. 8. (a) <<NOTE: 16 USC 409i.>> In addition to any other lands or interest authorized to be acquired for inclusion in Morristown National Historical Park, and notwithstanding the first proviso of the first section of this Act, the Secretary of the Interior may acquire by purchase, donation, purchase with appropriated funds, or otherwise, not to exceed 15 acres of land and interests therein comprising the property known as the Warren Property or Mount Kimble. The Secretary may expend such sums as may be necessary for such acquisition. ``(b) Any lands or interests acquired under this section shall be included in and administered as part of the Morristown National Historical Park.''. SEC. 509. GEORGE <<NOTE: 16 USC 442 note.>> WASHINGTON BIRTHPLACE NATIONAL MONUMENT, VIRGINIA. (a) Acquisition of Easement.--The Secretary of the Interior may acquire no more than a less than fee interest in the property generally known as George Washington's Boyhood Home, Ferry Farm, located in Stafford County, Virginia, across the Rappahannock River from Fredericksburg, Virginia, comprising approximately 85 acres as generally depicted on the map entitled ``George Washington Birthplace National Monument Boundary Map'', numbered 322/80,020, and dated April 1998, to ensure the preservation of the important cultural and natural resources associated with Ferry Farm. The Secretary of the Interior shall keep the map on file and available for public inspection in appropriate offices of the National Park Service. (b) Management <<NOTE: Contracts.>> of Easement.--The Secretary shall enter into a cooperative agreement with Kenmore Association, Inc., for the management of Ferry Farm pending completion of the study referred to in subsection (c). (c) Resource <<NOTE: Deadline.>> Study.--Not later than 18 months after the date on which funds are made available to carry out this section, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a resource study of the property described in subsection (a). The study shall-- (1) identify the full range of resources and historic themes associated with Ferry Farm, including those associated with George Washington's tenure at the property and those associated with the Civil War period; (2) identify alternatives for further National Park Service involvement at the property beyond those that may be provided for in the acquisition authorized under subsection (a); and [[Page 112 STAT. 3265]] (3) include cost estimates for any necessary acquisition, development, interpretation, operation, and maintenance associated with the alternatives identified. (d) Agreements.--Upon completion of the resource study under subsection (c), the Secretary of the Interior may enter into an agreement with the owner of the property described in subsection (a) or other entities for the purpose of providing programs, services, facilities, or technical assistance that further the preservation and public use of the property. SEC. 510. ABRAHAM <<NOTE: 16 USC 218a.>> LINCOLN BIRTHPLACE NATIONAL HISTORIC SITE, KENTUCKY. (a) In General.--Upon acquisition of the land known as Knob Creek Farm pursuant to subsection (b), the boundary of the Abraham Lincoln Birthplace National Historic Site, established by the Act of July 17, 1916 (39 Stat. 385, chapter 247; 16 U.S.C. 211 et seq.), is revised to include such land. Lands acquired pursuant to this section shall be administered by the Secretary of the Interior as part of the historic site. (b) Acquisition of Knob Creek Farm.--The Secretary of the Interior may acquire, by donation only, the approximately 228 acres of land known as Knob Creek Farm in Larue County, Kentucky, as generally depicted on a map entitled ``Knob Creek Farm Unit, Abraham Lincoln National Historic Site'', numbered 338/80,077, and dated October 1998. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Study and <<NOTE: Deadline.>> Report.--The Secretary of the Interior shall study the Knob Creek Farm in Larue County, Kentucky, and not later than 1 year after the date of the enactment of this Act, submit a report to the Congress containing the results of the study. The purpose of the study shall be to: (1) Identify significant resources associated with the Knob Creek Farm and the early boyhood of Abraham Lincoln. (2) Evaluate the threats to the long-term protection of the Knob Creek Farm's cultural, recreational, and natural resources. (3) Examine the incorporation of the Knob Creek Farm into the operations of the Abraham Lincoln Birthplace National Historic Site and establish a strategic management plan for implementing such incorporation. In developing the plan, the Secretary shall-- (A) determine infrastructure requirements and property improvements needed at Knob Creek Farm to meet National Park Service standards; (B) identify current and potential uses of Knob Creek Farm for recreational, interpretive, and educational opportunities; and (C) project costs and potential revenues associated with acquisition, development, and operation of Knob Creek Farm. (d) Authorization.--There are authorized to be appropriated such sums as may be necessary to carry out subsection (c). SEC. 511. STUDIES OF POTENTIAL NATIONAL PARK SYSTEM UNITS IN HAWAII. (a) In General.--The Secretary of the Interior, acting through the Director of the National Park Service, shall undertake feasibility [[Page 112 STAT. 3266]] studies regarding the establishment of National Park System units in the following areas in the State of Hawaii: (1) Island of Maui: The shoreline area known as ``North Beach'', immediately north of the present resort hotels at Kaanapali Beach, in the Lahaina district in the area extending from the beach inland to the main highway. (2) Island of Lanai: The mountaintop area known as ``Hale'' a the central part of the island. (3) Island of Kauai: The shoreline area from ``Anini Beach'' to ``Makua Tunnels'' on the north coast of this island. (4) Island of Molokai: The ``Halawa Valley'' on the eastern end of the island, including its shoreline, cove and lookout/ access roadway. (b) Kalaupapa Settlement Boundaries.--The studies conducted under this section shall include a study of the feasibility of extending the present National Historic Park boundaries at Kalaupapa Settlement eastward to Halawa Valley along the island's north shore. (c) Report.--A report containing the results of the studies under this section shall be submitted to the Congress promptly upon completion. SEC. 512. MEMORIAL <<NOTE: 40 USC 1003 note [table].>> TO MR. BENJAMIN BANNEKER IN THE DISTRICT OF COLUMBIA. (a) Memorial Authorized.--The Washington Interdependence Council of the District of Columbia is authorized to establish a memorial in the District of Columbia to honor and commemorate the accomplishments of Mr. Benjamin Banneker. (b) Compliance With Standards For Commemorative Works.--The establishment of the memorial shall be in accordance with the Commemorative Works Act (40 U.S.C. 1001 et seq.). (c) Payment of Expenses.--The Washington Interdependence Council shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the memorial. No Federal funds may be used to pay any expense of the establishment of the memorial. (d) Deposit of Excess Funds.--If, upon payment of all expenses of the establishment of the memorial (including the maintenance and preservation amount required under section 8(b) of the Commemorative Works Act (40 U.S.C. 1008(b))), or upon expiration of the authority for the memorial under section 10(b) of such Act (40 U.S.C. 1010(b)), there remains a balance of funds received for the establishment of the memorial, the Washington Interdependence Council shall transmit the amount of the balance to the Secretary of the Treasury for deposit in the account provided for in section 8(b)(1) of such Act (40 U.S.C. 1008(b)(1)). SEC. 513. LAND ACQUISITION, BOSTON HARBOR ISLANDS RECREATION AREA. Section 1029(c) of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4233; 16 U.S.C. 460kkk(c)) is amended by adding at the end the following new paragraph: [[Page 112 STAT. 3267]] ``(3) Land acquisition.--Notwithstanding subsection (h), the Secretary is authorized to acquire, in partnership with other entities, a less than fee interest in lands at Thompson Island within the recreation area. The Secretary may acquire the lands only by donation, purchase with donated or appropriated funds, or by exchange.''. Approved November 6, 1998. LEGISLATIVE HISTORY--H.R. 3910: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 144 (1998): Oct. 10, considered and passed House. Oct. 14, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): Nov. 6, Presidential statement. <all>