[109th Congress Public Law 338]
[From the U.S. Government Printing Office]
[DOCID: f:publ338.109]
[[Page 120 STAT. 1783]]
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. <<NOTE: Oct. 12, 2006 - [S. 203]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National
Heritage Areas Act of 2006.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 16 USC 461 note.>> 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.
[[Page 120 STAT. 1784]]
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.
[[Page 120 STAT. 1785]]
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
Conjunctive 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.
[[Page 120 STAT. 1786]]
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-- <<NOTE: Soda Ash Royalty Reduction Act of 2006.>> SODA ASH
ROYALTY REDUCTION
SEC. 101. <<NOTE: 30 USC 262 note.>> SHORT TITLE.
This title may be cited as the ``Soda Ash Royalty Reduction Act of
2006''.
SEC. 102. <<NOTE: 30 USC 262 note.>> 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. <<NOTE: 30 USC 262 note.>> STUDY.
<<NOTE: Reports.>> 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 compounds
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.
[[Page 120 STAT. 1787]]
TITLE II--ESTABLISHMENT OF NATIONAL HERITAGE AREAS
Subtitle A <<NOTE: Northern Rio Grande National Heritage Area Act. New
Mexico. 16 USC 461 note.>> --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,
customs, and architecture make northern New Mexico unique;
(3) the area includes spectacular natural, scenic, and
recreational 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,
[[Page 120 STAT. 1788]]
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
representation on the Board.
SEC. 205. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Management Plan.--
(1) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> The Secretary shall approve or
disapprove the management 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) <<NOTE: Recommen-dations.>> The management entity shall
periodically review the management plan and submit to the
Secretary any recommendations 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
[[Page 120 STAT. 1789]]
(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 management 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
accomplishments, 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
recreational opportunities consistent with the resources and
associated 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 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 management
entity.
[[Page 120 STAT. 1790]]
(2) Landowner withdrawal.--Any owner of private property
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
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.
(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 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
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 government-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.
[[Page 120 STAT. 1791]]
Subtitle B <<NOTE: Atchafalaya National Heritage Area Act. Louisiana. 16
USC 461 note.>> --Atchafalaya National Heritage Area
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Atchafalaya National Heritage
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
coordinating entity'' means the local coordinating entity for
the Heritage 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 implementing
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
organizations;
(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;
[[Page 120 STAT. 1792]]
(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
coordinating 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 conduct
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 developing 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) <<NOTE: Records.>> 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
enjoyment 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.-- <<NOTE: Deadline.>> Not later than 3 years
after the date on which funds are made available to carry out
this subtitle,
[[Page 120 STAT. 1793]]
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. <<NOTE: Deadline.>> --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) <<NOTE: Recommen-dations.>> submit to the
Secretary, for review and approval by the Secretary, the
recommendations of the local coordinating entity for any
revisions to the management plan that the local
coordinating entity considers to be appropriate.
(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, conserved, 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, conservation, 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--
[[Page 120 STAT. 1794]]
(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 Heritage 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 established;
(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.
[[Page 120 STAT. 1795]]
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 coordinating 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-- <<NOTE: Arabia Mountain National Heritage Area
Act. Georgia. 16 USC 461 note.>> 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,
[[Page 120 STAT. 1796]]
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 interpret
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
coordinating entity'' means the Arabia Mountain Heritage Area
Alliance 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 available for
public inspection in the appropriate offices of the National Park
Service.
(d) Local Coordinating Entity.--The Arabia Mountain Heritage 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 implementing 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.
[[Page 120 STAT. 1797]]
(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 implementation
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
available 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 preferred
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
organizations in the heritage area.
(d) Requirements.--The management plan shall include the following:
(1) <<NOTE: Records.>> An inventory of the resources in the
heritage area, including--
(A) a list of property in the heritage area that--
[[Page 120 STAT. 1798]]
(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
enjoyment 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.-- <<NOTE: Deadline.>> 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.-- <<NOTE: Deadline.>> Not later than 90 days
after receiving the management plan submitted under subsection
(e), the Secretary, in consultation with the State, shall
approve or disapprove the management plan.
(2) Action following disapproval.--
(A) Revision.--If the Secretary disapproves a
management 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
[[Page 120 STAT. 1799]]
(B) <<NOTE: Recommen-dations.>> submit to the
Secretary, for review and approval by the Secretary, the
recommendations of the local coordinating entity for any
revisions to the management plan that the local
coordinating entity considers to be appropriate.
(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
recreational 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 Environmental
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
occupational, 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 establishment 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
coordinating 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.
[[Page 120 STAT. 1800]]
SEC. 241. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, 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 management 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 submitting 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 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 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 Secretary, the National Park Service, or the
management entity.
Subtitle D-- <<NOTE: Mormon Pioneer National Heritage Area Act. Utah. 16
USC 461 note.>> 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
significant;
(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,
[[Page 120 STAT. 1801]]
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 Fairview,
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
spectacular, 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, preserve,
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 Heritage
Highway 89 Alliance.
(2) Heritage area.--The term ``Heritage Area'' means the
Mormon Pioneer National Heritage Area established by section
254(a).
[[Page 120 STAT. 1802]]
(3) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage 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
Highway 12 through Panguitch, Junction, Marysvale,
and Sevier County to Sigurd;
(iii) continuing northward along Highway 89
through Axtell and Sterling, Sanpete County, to
Fairview, Sanpete County, at the junction with
Utah Highway 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, Fayette, Manti, Ephraim, Spring City, Mt.
Pleasant, Moroni, Fountain Green, and Fairview.
(2) 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.
(3) Notice to local governments.--The local coordinating
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 proposed
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.--
[[Page 120 STAT. 1803]]
(1) Authorization to receive funds.--The local coordinating
entity may receive amounts made available to carry out this
subtitle.
(2) Disqualification.--If a management plan is not submitted
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.--
No <<NOTE: Deadline.>> t 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) <<NOTE: Recommen-dations.>> 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
government 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,
management, and development of the Heritage Area; and
(F) include--
(i) <<NOTE: Records.>> 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 Heritage Area; and
[[Page 120 STAT. 1804]]
(II) does not include any property
that is privately owned unless the owner
of the property consents in writing to
the inclusion;
(ii) <<NOTE: Recommen-dations.>> a
recommendation of policies for resource management
that consider the application of appropriate land
and water management techniques, including
policies for the development of intergovernmental
cooperative agreements to manage the historical,
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
management 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.-- <<NOTE: Deadline.>> Not later than
180 days after submission 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) <<NOTE: Recommen-
dations.>> make recommendations for
revision of the management plan.
(ii) Approval or disapproval.--
<<NOTE: Deadline.>> 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
Heritage 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
[[Page 120 STAT. 1805]]
(F) 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, including encouraging and soliciting the
development of heritage products.
(c) Consideration of Interests of Local Groups.--In developing and
implementing the management plan, the local coordinating entity shall
consider the interests of diverse units of government, businesses,
private property owners, and nonprofit organizations in the Heritage
Area.
(d) Public Meetings.--The local coordinating entity shall conduct
public meetings at least annually regarding the implementation 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 delegate
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 Secretary may
not, as a condition of the award of technical assistance or
grants under this subtitle, require any recipient of
[[Page 120 STAT. 1806]]
the technical assistance or a grant to enact or modify any land
use restriction.
(3) Determinations regarding assistance.--The Secretary
shall determine whether a unit of government, nonprofit
organization, or other person shall be awarded technical
assistance 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) <<NOTE: Public information.>> Provision of Information.--In
cooperation with other Federal agencies, the Secretary shall provide the
public with information concerning 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 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, conserved, 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 management 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 submitting 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 Heritage Area to
participate in or be associated with the Heritage Area.
[[Page 120 STAT. 1807]]
(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-- <<NOTE: Freedom's Frontier National Heritage Area
Act. Kansas. Missouri. 16 USC 461 note.>> 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
coordinating entity'' means Territorial Kansas Heritage
Alliance, recognized 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
subdivision of a State, or an Indian tribe.
[[Page 120 STAT. 1808]]
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 Missouri,
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
Counties 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
implementing the management plan, the local coordinating entity
may--
(A) make grants to, and enter into cooperative
agreements 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.-- <<NOTE: Deadline.>> 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
conservation, interpretation, funding, management, and
development 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) <<NOTE: Standards.>> 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;
[[Page 120 STAT. 1809]]
(D) specify and coordinate, as of the date of the
management plan, existing and potential sources of
technical 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) <<NOTE: Records.>> 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,
development, 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 combination thereof, to protect the
historical, cultural, recreational, 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
management 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 recommendations
contained in the management plan; and
(II) provides, to the satisfaction
of the Secretary, adequate assurances
that the local coordinating 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.-- <<NOTE: Deadline.>> 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
[[Page 120 STAT. 1810]]
until the date on which the Secretary receives the proposed
management plan.
(5) <<NOTE: Deadline.>> 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.-- <<NOTE: Recommen-
dations.>> If the Secretary disapproves 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 revisions 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 Heritage 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.
[[Page 120 STAT. 1811]]
(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
assistance for the development and implementation 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,
and natural resources of the Heritage Area; and
(B) providing educational, interpretive, and
recreational 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
purposes 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.
[[Page 120 STAT. 1812]]
(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 Heritage 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
governments 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
government 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 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 management
entity.
(2) Landowner withdrawal.--Any owner of private property
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 Processes.--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.
[[Page 120 STAT. 1813]]
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-- <<NOTE: Upper Housatonic Valley National Heritage Area
Act. Connecticut. Massachusetts. 16 USC 461 note.>> 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
Barrington, 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,
Massachusetts, 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.
[[Page 120 STAT. 1814]]
DuBois, artists Daniel Chester French and Norman Rockwell, and
the performing arts centers of Tanglewood, Music Mountain,
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
industries.
(6) The region became a national leader in scenic
beautification 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 centuries.
(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 Commonwealth
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 Massachusetts
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.
[[Page 120 STAT. 1815]]
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Connecticut 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, Norfolk,
North Canaan, Salisbury, Sharon, and Warren in Connecticut; and
(3) the towns of Alford, Becket, Dalton, Egremont, Great
Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey,
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 available 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 MANAGEMENT
ENTITY.
(a) Duties of the Management Entity.--To further the purposes 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
opportunities 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
Heritage 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;
[[Page 120 STAT. 1816]]
(4) <<NOTE: Public meetings.>> conduct meetings open to the
public at least semi-annually regarding the development and
implementation of the management plan;
(5) <<NOTE: Reports.>> 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) <<NOTE: Records.>> 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 purposes 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
technical assistance to the State of Connecticut and the
Commonwealth of Massachusetts, their subdivisions, nonprofit
organizations, and other interested parties;
(3) hire and compensate staff, which shall include
individuals 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
recommendations 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,
private organizations, and individuals have agreed to take to
protect the natural, historical and cultural resources of the
Heritage Area;
[[Page 120 STAT. 1817]]
(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) <<NOTE: Records.>> 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 management
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
implementation; 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 subsection,
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 financial assistance to the
Heritage Area to develop and implement the approved management
plan. <<NOTE: Contracts.>> 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.-- <<NOTE: Deadline.>> 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
governments, natural and historic resource protection
organizations, 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
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historical, and cultural resources of the Heritage Area;
and
[[Page 120 STAT. 1818]]
(D) the management plan is supported by the
appropriate 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.-- <<NOTE: Recommen-
dations.>> 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 management plan. <<NOTE: Deadline.>> 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 Federal funds authorized by
this subtitle to implement any amendments 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
determines 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, conserved, 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 management 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 submitting 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.
[[Page 120 STAT. 1819]]
(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 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 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 Secretary, 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 appropriated 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-- <<NOTE: Champlain Valley National Heritage Partnership Act
of 2006. Vermont. New York. 16 USC 461 note.>> 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
waterways 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
[[Page 120 STAT. 1820]]
(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 Commerce'';
(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
Champlain 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 recognize
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
Champlain 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
waterways of the Champlain Valley region;
(ii) form stronger bonds between the United
States and Canada; and
(iii) promote the international aspects of the
Champlain Valley region; and
[[Page 120 STAT. 1821]]
(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 Partnership''
means the Champlain Valley National Heritage Partnership
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
implement this subtitle.
(B) Management plan.--
(i) In general.-- <<NOTE: Deadline.>> 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
[[Page 120 STAT. 1822]]
based on its federally authorized plan
``Opportunities for Action, an Evolving Plan For
Lake Champlain''.
(iii) Contents.--The management plan shall
include--
(I) <<NOTE: Recommen-
dations.>> 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) <<NOTE: Records.>> 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) <<NOTE: Recommen-
dations.>> recommendations of ways in
which to encourage collaboration with
Canada and the Province of Quebec in
implementing this subtitle.
(iv) Considerations.--In developing the
management 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.--
<<NOTE: Deadline.>> 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 Secretary 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 Secretary.
(vi) Approval.--N <<NOTE: Deadline.>> ot 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) <<NOTE: Recommen-
dations.>> 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 revision.
(viii) Amendment.--
[[Page 120 STAT. 1823]]
(I) In general.--After approval by
the Secretary of the management plan,
the management entity shall
periodically--
(aa) review the management
plan; and
(bb) <<NOTE: Recommen-
dations.>> submt to the
Secretary, for review and
approval by the Secretary, the
recommendations of the
management entity for any
amendments to the management
plan that the management entity
considers to be appropriate.
(II) Expenditure of funds.--No funds
made available under this subtitle shall
be used to implement any amendment
proposed by the management 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, conserved, 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,
conservation, 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
[[Page 120 STAT. 1824]]
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 Heritage
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 Partnership 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
activities 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-- <<NOTE: Great Basin National Heritage Route
Act. Utah. Nevada. Native Americans. 16 USC 461 note.>> Great Basin
National Heritage Route
SEC. 291. SHORT TITLE.
This subtitle may be cited as the ``Great Basin National Heritage
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
landscape that contains long natural vistas, isolated high
desert
[[Page 120 STAT. 1825]]
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
continues 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
[[Page 120 STAT. 1826]]
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
generations; and
(B) provide opportunities in the Great Basin for
education; 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
coordinating entity'' means the Great Basin Heritage Route
Partnership 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 designated 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 Partnership
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--
[[Page 120 STAT. 1827]]
(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
American 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 understanding 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
conservation, 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 implementing
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
memorandum of understanding.
(d) Amendments.--
(1) In general.--The Secretary shall review any amendments
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 subtitle
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.-- <<NOTE: Deadline.>> 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
[[Page 120 STAT. 1828]]
(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,
rehabilitation, 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.-- <<NOTE: Deadline.>> 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
landowners, business interests, nonprofit organizations,
and governments associated with the Heritage Route;
(B) is consistent with and complements continued
economic 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
disapproves a management plan under paragraph (1), the Secretary
shall--
(A) advise the local coordinating entity in writing
of the reasons for the disapproval;
(B) <<NOTE: Recommen-dations.>> make recommendations
for revisions to the management plan; and
(C) <<NOTE: Deadline.>> not later than 90 days after
the receipt of any proposed revision of the management
plan from the local
[[Page 120 STAT. 1829]]
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 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 subtitle
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 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, 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
appreciation for the archaeological, historical,
cultural, natural, scenic, and recreational
resources and sites along the Heritage Route; and
(iv) if requested by the owner, restoring,
stabilizing, or rehabilitating any private,
public, or tribal historical building relating to
the themes of the Heritage 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 implementation)
to the management plan to the Secretary for approval by the
Secretary; and
[[Page 120 STAT. 1830]]
(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
coordinating 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
expenditure 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 assistance
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
[[Page 120 STAT. 1831]]
(2) authorizes any agency to promulgate a regulation that
applies to the Heritage Route solely as a result of the
designation 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, conserved, 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 management 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 submitting 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
[[Page 120 STAT. 1832]]
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-- <<NOTE: Gullah/Geechee Cultural Heritage Act. State
listing. 16 USC 461 note.>> 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
private 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
coordinating 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 established 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. <<NOTE: Federal Register, publication.>> 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 established 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;
[[Page 120 STAT. 1833]]
(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 administered in
accordance with the provisions of this subtitle.
SEC. 295D. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR COMMISSION.
(a) Establishment.--There is hereby established a local coordinating
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 composed 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
opportunities 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;
[[Page 120 STAT. 1834]]
(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
Corridor in the preparation and implementation of the management
plan;
(4) <<NOTE: Public meetings.>> conduct meetings open to the
public at least quarterly regarding the development and
implementation of the management plan;
(5) <<NOTE: Reports.>> 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;
<<NOTE: Records.>> (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 Corridor
shall--
(1) include comprehensive policies, strategies, and
recommendations 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,
private 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) <<NOTE: Records.>> include an inventory of the
historical, cultural, natural, resources of the Heritage
Corridor related to the themes of
[[Page 120 STAT. 1835]]
the Heritage Corridor that should be preserved, restored,
managed, developed, or maintained;
(6) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including the
development of intergovernmental and interagency cooperative
agreements to protect the Heritage Corridor's historical,
cultural, and natural resources;
(7) describe a program for implementation of the management
plan including plans for resources protection, restoration,
construction, and specific commitments for implementation that
have been made by the local coordinating entity or any
government, 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 coordinated
to further the purposes of this subtitle; and
(9) include an interpretive plan for the Heritage Corridor.
(b) Submittal of Management Plan.-- <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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
strategies 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.-- <<NOTE: Recommen-
dations.>> If the Secretary disapproves 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 management plan. <<NOTE: Deadline.>> The
Secretary shall approve or disapprove a proposed 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.
[[Page 120 STAT. 1836]]
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
natural 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 nonfederally
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 attributable to such funds as determined at the time of
such conversion, 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
Heritage Corridor.
SEC. 295I. <<NOTE: Establishment.>> 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 appropriate 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
[[Page 120 STAT. 1837]]
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 regulatory 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, conserved, 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 appropriated 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-- <<NOTE: Crossroads of the American Revolution National
Heritage Area Act of 2006. New Jersey. 16 USC 461 note.>> 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''.
[[Page 120 STAT. 1838]]
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 Commonwealth 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
Revolution 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
Declaration of Independence;
(B) Elias Boudinout, President of the Continental
Congress; 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 associated
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;
[[Page 120 STAT. 1839]]
(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
Revolution, there is a Federal interest in developing a regional
framework 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
educational 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 Revolution 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
Historical 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
coordinating entity'' means the local coordinating entity for
the Heritage 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.
[[Page 120 STAT. 1840]]
(4) Map.--The term ``map'' means the map entitled
``Crossroads 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 available for
public inspection in the appropriate offices of the National Park
Service.
(d) Local Coordinating Entity.--The Crossroads of the American
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.-- <<NOTE: Deadline.>> 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
recommendations 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 management
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
interagency 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
[[Page 120 STAT. 1841]]
(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
programs of the National Park Service, may be best
coordinated 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.-- <<NOTE: Deadline.>> 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
Heritage 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
strategies 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
disapproves the management plan under paragraph (1), the
Secretary shall--
(A) advise the local coordinating entity in writing
of the reasons for the disapproval;
(B) <<NOTE: Recommen-dations.>> make recommendations
for revisions to the management plan; and
(C) <<NOTE: Deadline.>> 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 subtitle
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
[[Page 120 STAT. 1842]]
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
opportunities 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) <<NOTE: Public meetings.>> 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--
[[Page 120 STAT. 1843]]
(A) <<NOTE: Reports.>> 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
coordinating entity; and
(iii) each entity to which a grant was made;
(B) <<NOTE: Records.>> make available for audit all
information relating to the expenditure of the funds and
any matching funds; and
(C) require, for all agreements authorizing
expenditures 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
assistance to the Heritage Area for the development and
implementation 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,
natural, and scenic resources of the Heritage Area; and
(B) providing educational, interpretive, and
recreational 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
coordinating 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 assistance
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.
[[Page 120 STAT. 1844]]
(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
coordinating 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, conserved, 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 management 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 submitting 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.
[[Page 120 STAT. 1845]]
(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 Heritage 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-- <<NOTE: Western Reserve Heritage Areas Study
Act. Ohio.>> 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 cultural, 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
providing 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
[[Page 120 STAT. 1846]]
establishment of the Western Reserve. Throughout these counties,
historical sites, and markers preserve the unique traditions and
customs of its original heritage.
(6) The counties that encompass the Western Reserve continue
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, Cuyahoga,
Summit, Medina, Huron, Lorain, Erie, Ottawa and Ashland in Ohio.
(8) The Department of the Interior is responsible for
protecting 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 involvement
of the Federal Government in the development of programs 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 Assistance
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
documentation 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
natural, 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;
[[Page 120 STAT. 1847]]
(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 <<NOTE: St. Croix
National Heritage Area Study Act.>>
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 historical
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
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;
(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
[[Page 120 STAT. 1848]]
(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, conclusions, 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-- <<NOTE: Southern Campaign of the Revolution Heritage Area
Study Act. South Carolina. North Carolina.>> 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, documentation, and
determination regarding whether the study area--
(1) 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;
(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
[[Page 120 STAT. 1849]]
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,
Darlington, Florence, Chesterfield, Marlboro, Fairfield,
Richland, Lancaster, Kershaw, Sumter, Orangeburg,
Georgetown, 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
Historic 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.
[[Page 120 STAT. 1850]]
TITLE IV-- <<NOTE: Illinois and Michigan Canal National Heritage
Corridor Act Amendments of 2006. 16 USC 461 note.>> ILLINOIS AND
MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR 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 COORDINATING 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-- <<NOTE: 16 USC 461 note.>>
(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 <<NOTE: 16 USC 461
note.>> the following new paragraph:
``(7) <<NOTE: Memorandum.>> The Secretary shall enter into a
memorandum of understanding with the Association to help ensure
appropriate transition 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 coordinating
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) <<NOTE: Deadline.>> 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;
[[Page 120 STAT. 1851]]
``(B) in establishing and maintaining interpretive
exhibits in the corridor;
``(C) in developing recreational resources in the
corridor;
``(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,
business, and other groups within the corridor;
``(5) <<NOTE: Public meetings.>> 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 implementation)
to the management plan to the Secretary; and
``(7) for any year in which Federal funds have been received
under this title--
`` <<NOTE: Reports.>> (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) <<NOTE: Records.>> make available for audit
all records pertaining to the expenditure of such funds
and any matching funds; and
``(C) <<NOTE: Records.>> require, for all agreements
authorizing expenditure 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 authorized
purposes.
``SEC. 123. MANAGEMENT PLAN.
``(a) Preparation of Management Plan.-- <<NOTE: Deadline.>> 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) <<NOTE: Recommen-dations.>> present comprehensive
recommendations for the corridor'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--
[[Page 120 STAT. 1852]]
``(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.-- <<NOTE: Deadline.>> If a
proposed management 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.-- <<NOTE: Deadline.>> 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. <<NOTE: Public meetings.>> The Association shall
conduct semi-annual public meetings, workshops, and hearings to provide
adequate opportunity for the public and local and governmental entities
to review and to aid in the preparation and implementation of the
management plan.
``(d) Effect of Approval.--Upon the approval of the management 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.-- <<NOTE: Recommen-dations.>> If
the Secretary disapproves a proposed management plan within the time
period specified in subsection (c), the Secretary shall advise the
Association in writing of the reasons for the disapproval and shall make
recommendations 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)
[[Page 120 STAT. 1853]]
to the management plan. Funds made available under this title may not be
expended to implement any changes made by a substantial 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 assistance to the
Association to develop and implement the management
plan. <<NOTE: Contracts.>> The Secretary is authorized to enter into
cooperative agreements 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, conserved, 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 preservation, conservation, or promotion to the
Association.
[[Page 120 STAT. 1854]]
``(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
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 Corridor.--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 construed 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 <<NOTE: 16 USC 461 note.>> 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
``Association'';
(C) by striking ``Commission's'' and inserting
``Association'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.
<<NOTE: Deadline.>> Pursuant to the Reclamation Act of 1902 (32
Stat. 388) and Acts amendatory thereof and supplemental thereto, not
later than
[[Page 120 STAT. 1855]]
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 Natural 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-- <<NOTE: Delaware National Coastal Special Resources Study
Act.>> 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
[[Page 120 STAT. 1856]]
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
constitutional republic;
(4) industrial development, which would investigate the
exploitation of water power in Delaware with the mill
development 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 Delaware
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.
[[Page 120 STAT. 1857]]
TITLE VII <<NOTE: John H. Chafee Blackstone River Valley National
Heritage Corridor Reauthorization Act of 2006.>> --JOHN H. CHAFEE
BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR REAUTHORIZATION
SEC. 701. <<NOTE: 16 USC 461 note.>> SHORT TITLE.
This title may be cited as the ``John H. Chafee Blackstone River
Valley National Heritage Corridor Reauthorization Act of 2006''.
SEC. 702. <<NOTE: 16 USC 461 note.>> 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
members'';
(2) in paragraph (2)--
(A) by striking ``six'' and inserting ``6''; and
(B) by striking ``Department of Environmental
Management 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,
traditional 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) <<NOTE: Deadline.>> 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.
[[Page 120 STAT. 1858]]
``(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 following:
``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
understanding of the Corridor as the birthplace of the
industrial revolution in the United States.
``(2) Evaluation.-- <<NOTE: Deadline.>> 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
significant 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
Secretary.''.
(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 appropriated 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).''.
[[Page 120 STAT. 1859]]
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 subsection
(a) shall be used only for--
``(A) technical assistance; and
``(B) the design and fabrication of interpretative
materials, devices, and signs.
``(2) Limitations.--No funds made available under subsection
(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.-- <<NOTE: Deadline.>> 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.
[[Page 120 STAT. 1860]]
TITLE VIII-- <<NOTE: California Reclamation Groundwater Remediation
Initiative.>> CALIFORNIA RECLAMATION GROUNDWATER REMEDIATION INITIATIVE
SEC. 801. SHORT TITLE.
This title may be cited as the ``California Reclamation Groundwater
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,
minimize, 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
planning 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 Remediation
Fund shall be administered by the Secretary of the Interior,
acting through the Bureau of Reclamation. The Secretary 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.
[[Page 120 STAT. 1861]]
(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 California, 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
associated with environmental analyses
and public involvement activities that
were required to implement 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 section 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 pursuant 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 previously 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) <<NOTE: Effective date.>> 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.
[[Page 120 STAT. 1862]]
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)-- <<NOTE: 16 USC 461 note.>>
(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 <<NOTE: 16 USC 461 note.>> 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.
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.
<all>