[Congressional Bills 107th Congress] [From the U.S. Government Publishing Office] [H.R. 695 Reported in Senate (RS)] Calendar No. 605 107th CONGRESS 2d Session H. R. 695 [Report No. 107-286] _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES September 12, 2001 Received; read twice and referred to the Committee on Energy and Natural Resources September 17, 2002 Reported by Mr. Bingaman, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ AN ACT To establish the Oil Region National Heritage Area. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE; DEFINITIONS.</DELETED> <DELETED> (a) Short Title.--This Act may be cited as the ``Oil Region National Heritage Area Act''.</DELETED> <DELETED> (b) Definitions.--For the purposes of this Act, the following definitions shall apply:</DELETED> <DELETED> (1) Heritage area.--The term ``Heritage Area'' means the Oil Region National Heritage Area established in section 3(a).</DELETED> <DELETED> (2) Management entity.--The term ``management entity'' means the Oil Heritage Region, Inc., or its successor entity.</DELETED> <DELETED> (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.</DELETED> <DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED> <DELETED> (a) Findings.--The Congress finds the following:</DELETED> <DELETED> (1) The Oil Region of Northwestern Pennsylvania, with numerous sites and districts listed on the National Register of Historic Places, and designated by the Governor of Pennsylvania as one of the State Heritage Park Areas, is a region with tremendous physical and natural resources and possesses a story of State, national, and international significance.</DELETED> <DELETED> (2) The single event of Colonel Edwin Drake's drilling of the world's first successful oil well in 1859 has affected the industrial, natural, social, and political structures of the modern world.</DELETED> <DELETED> (3) Six national historic districts are located within the State Heritage Park boundary, in Emlenton, Franklin, Oil City, and Titusville, as well as 17 separate National Register sites.</DELETED> <DELETED> (4) The Allegheny River, which was designated as a component of the national wild and scenic rivers system in 1992 by Public Law 102-271, traverses the Oil Region and connects several of its major sites, as do some of the river's tributaries such as Oil Creek, French Creek, and Sandy Creek.</DELETED> <DELETED> (5) The unspoiled rural character of the Oil Region provides many natural and recreational resources, scenic vistas, and excellent water quality for people throughout the United States to enjoy.</DELETED> <DELETED> (6) Remnants of the oil industry, visible on the landscape to this day, provide a direct link to the past for visitors, as do the historic valley settlements, riverbed settlements, plateau developments, farmlands, and industrial landscapes.</DELETED> <DELETED> (7) The Oil Region also represents a cross section of American history associated with Native Americans, frontier settlements, the French and Indian War, African Americans and the Underground Railroad, and immigration of Swedish and Polish individuals, among others.</DELETED> <DELETED> (8) Involvement by the Federal Government shall serve to enhance the efforts of the Commonwealth of Pennsylvania, local subdivisions of the Commonwealth of Pennsylvania, volunteer organizations, and private businesses, to promote the cultural, national, and recreational resources of the region in order to fulfill their full potential.</DELETED> <DELETED> (b) Purpose.--The purpose of this Act is to enhance a cooperative management framework to assist the Commonwealth of Pennsylvania, its units of local government, and area citizens in conserving, enhancing, and interpreting the significant features of the lands, water, and structures of the Oil Region, in a manner consistent with compatible economic development for the benefit and inspiration of present and future generations in the Commonwealth of Pennsylvania and the United States.</DELETED> <DELETED>SEC. 3. OIL REGION NATIONAL HERITAGE AREA.</DELETED> <DELETED> (a) Establishment.--There is hereby established the Oil Region National Heritage Area.</DELETED> <DELETED> (b) Boundaries.--The boundaries of the Heritage Area shall include all of those lands depicted on a map entitled ``Oil Region National Heritage Area'', numbered OIRE/20,000 and dated October, 2000. The map shall be on file in the appropriate offices of the National Park Service. The Secretary of the Interior shall publish in the Federal Register, as soon as practical after the date of the enactment of this Act, a detailed description and map of the boundaries established under this subsection.</DELETED> <DELETED> (c) Management Entity.--The management entity for the Heritage Area shall be the Oil Heritage Region, Inc., the locally based private, nonprofit management corporation which shall oversee the development of a management plan in accordance with section 5(b).</DELETED> <DELETED>SEC. 4. COMPACT.</DELETED> <DELETED> To carry out the purposes of this Act, the Secretary shall enter into a compact with the management entity. The compact shall include information relating to the objectives and management of the area, including a discussion of the goals and objectives of the Heritage Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the Secretary and management entity.</DELETED> <DELETED>SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.</DELETED> <DELETED> (a) Authorities of the Management Entity.--The management entity may use funds made available under this Act for purposes of preparing, updating, and implementing the management plan developed under subsection (b). Such purposes may include--</DELETED> <DELETED> (1) making grants to, and entering into cooperative agreements with, States and their political subdivisions, private organizations, or any other person;</DELETED> <DELETED> (2) hiring and compensating staff; and</DELETED> <DELETED> (3) undertaking initiatives that advance the purposes of the Heritage Area.</DELETED> <DELETED> (b) Management Plan.--The management entity shall develop a management plan for the Heritage Area that--</DELETED> <DELETED> (1) presents comprehensive strategies and recommendations for conservation, funding, management, and development of the Heritage Area;</DELETED> <DELETED> (2) takes into consideration existing State, county, and local plans and involves residents, public agencies, and private organizations working in the Heritage Area;</DELETED> <DELETED> (3) includes a description of actions that units of government and private organizations have agreed to take to protect the resources of the Heritage Area;</DELETED> <DELETED> (4) specifies the existing and potential sources of funding to protect, manage, and develop the Heritage Area;</DELETED> <DELETED> (5) includes 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 should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic, recreational, or scenic significance;</DELETED> <DELETED> (6) recommends policies for resource management which consider and detail application of appropriate land and water management techniques, including, but not limited to, the development of intergovernmental and interagency cooperative agreements to protect the Heritage Area's historical, cultural, recreational, and natural resources in a manner consistent with supporting appropriate and compatible economic viability;</DELETED> <DELETED> (7) describes a program for implementation of the management plan by the management entity, including plans for restoration and construction, and specific commitments for that implementation that have been made by the management entity and any other persons for the first 5 years of implementation;</DELETED> <DELETED> (8) includes an analysis of ways in which local, State, and Federal programs, including the role for the National Park Service in the Heritage Area, may best be coordinated to promote the purposes of this Act;</DELETED> <DELETED> (9) lists any revisions to the boundaries of the Heritage Area proposed by the management entity and requested by the affected local government; and</DELETED> <DELETED> (10) includes an interpretation plan for the Heritage Area.</DELETED> <DELETED> (c) Deadline; Termination of Funding.--</DELETED> <DELETED> (1) Deadline.--The management entity shall submit the management plan to the Secretary within 2 years after the funds are made available for this Act.</DELETED> <DELETED> (2) Termination of funding.--If a management plan is not submitted to the Secretary in accordance with this subsection, the management entity shall not qualify for Federal assistance under this Act.</DELETED> <DELETED> (d) Duties of Management Entity.--The management entity shall--</DELETED> <DELETED> (1) give priority to implementing actions set forth in the compact and management plan;</DELETED> <DELETED> (2) assist units of government, regional planning organizations, and nonprofit organizations in--</DELETED> <DELETED> (A) establishing and maintaining interpretive exhibits in the Heritage Area;</DELETED> <DELETED> (B) developing recreational resources in the Heritage Area;</DELETED> <DELETED> (C) increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the Heritage Area;</DELETED> <DELETED> (D) the restoration of any historic building relating to the themes of the Heritage Area;</DELETED> <DELETED> (E) ensuring that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are put in place throughout the Heritage Area; and</DELETED> <DELETED> (F) carrying out other actions that the management entity determines to be advisable to fulfill the purposes of this Act;</DELETED> <DELETED> (3) encourage by appropriate means economic viability in the Heritage Area consistent with the goals of the management plan;</DELETED> <DELETED> (4) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; and</DELETED> <DELETED> (5) for any year in which Federal funds have been provided to implement the management plan under subsection (b)--</DELETED> <DELETED> (A) conduct public meetings at least annually regarding the implementation of the management plan;</DELETED> <DELETED> (B) submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each person to which any grant was made by the management entity in the year for which the report is made; and</DELETED> <DELETED> (C) require, for all agreements entered into by the management entity authorizing expenditure of Federal funds by any other person, that the person making the expenditure make available to the management entity for audit all records pertaining to the expenditure of such funds.</DELETED> <DELETED> (e) Prohibition on the Acquisition of Real Property.--The management entity may not use Federal funds received under this Act to acquire real property or an interest in real property.</DELETED> <DELETED>SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.</DELETED> <DELETED> (a) Technical and Financial Assistance.--</DELETED> <DELETED> (1) In general.--</DELETED> <DELETED> (A) Overall assistance.--The Secretary may, upon the request of the management entity, and subject to the availability of appropriations, provide technical and financial assistance to the management entity to carry out its duties under this Act, including updating and implementing a management plan that is submitted under section 5(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives.</DELETED> <DELETED> (B) Other assistance.--If the Secretary has the resources available to provide technical assistance to the management entity to carry out its duties under this Act (including updating and implementing a management plan that is submitted under section 5(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives), upon the request of the management entity the Secretary shall provide such assistance on a reimbursable basis. This subparagraph does not preclude the Secretary from providing nonreimbursable assistance under subparagraph (A).</DELETED> <DELETED> (2) Priority.--In assisting the management entity, the Secretary shall give priority to actions that assist in the--</DELETED> <DELETED> (A) implementation of the management plan;</DELETED> <DELETED> (B) provision of educational assistance and advice regarding land and water management techniques to conserve the significant natural resources of the region;</DELETED> <DELETED> (C) development and application of techniques promoting the preservation of cultural and historic properties;</DELETED> <DELETED> (D) preservation, restoration, and reuse of publicly and privately owned historic buildings;</DELETED> <DELETED> (E) design and fabrication of a wide range of interpretive materials based on the management plan, including guide brochures, visitor displays, audio- visual and interactive exhibits, and educational curriculum materials for public education; and</DELETED> <DELETED> (F) implementation of initiatives prior to approval of the management plan.</DELETED> <DELETED> (3) Documentation of structures.--The Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record, shall conduct studies necessary to document the industrial, engineering, building, and architectural history of the Heritage Area.</DELETED> <DELETED> (b) Approval and Disapproval of Management Plans.--The Secretary, in consultation with the Governor of Pennsylvania, shall approve or disapprove a management plan submitted under this Act not later than 90 days after receiving such plan. In approving the plan, the Secretary shall take into consideration the following criteria:</DELETED> <DELETED> (1) The extent to which the management plan adequately preserves and protects the natural, cultural, and historical resources of the Heritage Area.</DELETED> <DELETED> (2) The level of public participation in the development of the management plan.</DELETED> <DELETED> (3) The extent to which the board of directors of the management entity is representative of the local government and a wide range of interested organizations and citizens.</DELETED> <DELETED> (c) Action Following Disapproval.--If the Secretary disapproves a management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions in the management plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted.</DELETED> <DELETED> (d) Approving Changes.--The Secretary shall review and approve amendments to the management plan under section 5(b) that make substantial changes. Funds appropriated under this Act may not be expended to implement such changes until the Secretary approves the amendments.</DELETED> <DELETED> (e) Effect of Inaction.--If the Secretary does not approve or disapprove a management plan, revision, or change within 90 days after it is submitted to the Secretary, then such management plan, revision, or change shall be deemed to have been approved by the Secretary.</DELETED> <DELETED>SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES.</DELETED> <DELETED> Any Federal entity conducting or supporting activities directly affecting the Heritage Area shall--</DELETED> <DELETED> (1) consult with the Secretary and the management entity with respect to such activities;</DELETED> <DELETED> (2) cooperate with the Secretary and the management entity in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and</DELETED> <DELETED> (3) to the maximum extent practicable, conduct or support such activities in a manner that the management entity determines shall not have an adverse effect on the Heritage Area.</DELETED> <DELETED>SEC. 8. SUNSET.</DELETED> <DELETED> The Secretary may not make any grant or provide any assistance under this Act after the expiration of the 15-year period beginning on the date of the enactment of this Act.</DELETED> <DELETED>SEC. 9. USE OF FEDERAL FUNDS FROM OTHER SOURCES.</DELETED> <DELETED> Nothing in this Act shall preclude the management entity from using Federal funds available under Acts other than this Act for the purposes for which those funds were authorized.</DELETED> <DELETED>SEC. 10. AUTHORIZATION OF APPROPRIATIONS.</DELETED> <DELETED> (a) In General.--There are authorized to be appropriated to carry out this Act--</DELETED> <DELETED> (1) not more than $1,000,000 for any fiscal year; and</DELETED> <DELETED> (2) not more than a total of $10,000,000.</DELETED> <DELETED> (b) 50 Percent Match.--Financial assistance provided under this Act may not be used to pay more than 50 percent of the total cost of any activity carried out with that assistance.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Omnibus National Heritage Area Act of 2002''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--OIL REGION NATIONAL HERITAGE AREA Sec. 101. Short title; definitions. Sec. 102. Findings and purpose. Sec. 103. Oil Region National Heritage Area. Sec. 104. Memorandum of Understanding. Sec. 105. Authorities and duties of management entity. Sec. 106. Duties and authorities of the Secretary. Sec. 107. Duties of other Federal entities. Sec. 108. Use of Federal funds from other sources. Sec. 109. Authorization of appropriations. Sec. 110. Termination of authority. TITLE II--ARABIA MOUNTAIN NATIONAL HERITAGE AREA Sec. 201. Short title. Sec. 202. Findings and purposes. Sec. 203. Definitions. Sec. 204. Arabia Mountain National Heritage Area. Sec. 205. Authorities and duties of management entity. Sec. 206. Management plan. Sec. 207. Technical and financial assistance. Sec. 208. Effect on certain authority. Sec. 209. Authorization of appropriations. Sec. 210. Termination of authority. TITLE III--FREEDOM'S WAY NATIONAL HERITAGE AREA Sec. 301. Short title. Sec. 302. Findings and purposes. Sec. 303. Definitions. Sec. 304. Freedom's Way National Heritage Area. Sec. 305. Management Plan. Sec. 306. Authorities and duties of the management entity. Sec. 307. Technical and financial assistance; other Federal agencies. Sec. 308. Land use regulation; applicability of Federal law. Sec. 309. Authorization of appropriations. Sec. 310. Termination of authority. TITLE IV--GREAT BASIN NATIONAL HERITAGE AREA Sec. 401. Short title. Sec. 402. Findings and purposes. Sec. 403. Definitions. Sec. 404. Great Basin National Heritage Area. Sec. 405. Memorandum of Understanding. Sec. 406. Management Plan. Sec. 407. Authority and duties of management entity. Sec. 408. Duties and authorities of Federal agencies. Sec. 409. Land use regulation; applicability of Federal law. Sec. 410. Authorization of appropriations. Sec. 411. Termination of authority. TITLE V--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA Sec. 501. Short title. Sec. 502. Congressional findings. Sec. 503. Definitions. Sec. 504. Northern Rio Grande National Heritage Area. Sec. 505. Authorities and duties of the management entity. Sec. 506. Duties of the Secretary. Sec. 507. Savings provision. Sec. 508. Sunset. Sec. 509. Authorization of appropriations. TITLE VI--NATIONAL MORMON PIONEER HERITAGE AREA Sec. 601. Short title. Sec. 602. Findings and purposes. Sec. 603. Definitions. Sec. 604. National Mormon Pioneer Heritage Area. Sec. 605. Designation of alliance as management entity. Sec. 606. Management of the heritage area. Sec. 607. Duties and authorities of Federal agencies. Sec. 608. No effect on land use authority and private property. Sec. 609. Authorization of appropriations. TITLE VII--JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE AREA Sec. 701. Authorization of appropriations. TITLE I--OIL REGION NATIONAL HERITAGE AREA SEC. 101. SHORT TITLE; DEFINITIONS. (a) Short Title.--This title may be cited as the ``Oil Region National Heritage Area''. (b) Definitions.--For the purposes of this title, the following definitions shall apply: (1) Heritage area.--The term ``Heritage Area'' means the Oil Region National Heritage Area established in section 103(a). (2) Management entity.--The term ``management entity'' means the Oil heritage Region, Inc., or its successor entity. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 102. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Oil Region of Northwestern Pennsylvania, with numerous sites and districts listed on the National Register of Historic Places, and designated by the Governor of Pennsylvania as one of the State Heritage Park Areas, is a region with tremendous physical and natural resources and possesses a story of State, national, and international significance. (2) The single event of Colonel Edwin Drake's drilling of the world's first successful oil well in 1859 has affected the industrial, natural, social, and political structures of the modern world. (3) Six national historic districts are located within the State Heritage Park boundary, in Emlenton, Franklin, Oil City, and Titusville, as well as 17 separate National Register sites. (4) The Allegheny River, which was designated as a component of the national wild and scenic rivers system in 1992 by Public Law 102-271, traverses the Oil Region and connects several of its major sites, as do some of the river's tributaries such as Oil Creek, French Creek, and Sandy Creek. (5) The unspoiled rural character of the Oil Region provides many natural and recreational resources, scenic vistas, and excellent water quality for people throughout the United States to enjoy. (6) Remnants of the oil industry, visible on the landscape to this day, provide a direct link to the past for visitors, as do the historic valley settlements, riverbed settlements, plateau developments, farmlands, and industrial landscapes. (7) The Oil Region also represents a cross section of American history associated with Native Americans, frontier settlements, the French and Indian War, African Americans and the Underground Railroad, and immigration of Swedish and Polish individuals, among others. (8) Involvement by the Federal Government shall serve to enhance the efforts of the Commonwealth of Pennsylvania, local subdivisions of the Commonwealth of Pennsylvania, volunteer organizations, and private businesses, to promote the cultural, national, and recreational resources of the region in order to fulfill their full potential. (b) Purpose.--The purpose of this title is to enhance a cooperative management framework to assist the Commonwealth of Pennsylvania, its units of local government, and area citizens in conserving, enhancing, and interpreting the significant features of the lands, water, and structures of the Oil Region, in a manner consistent with compatible economic development for the benefit and inspiration of present and future generations in the Commonwealth of Pennsylvania and the United States. SEC. 103. OIL REGION NATIONAL HERITAGE AREA. (a) Establishment.--There is hereby established the Oil Region National Heritage Area. (b) Boundaries.--The boundaries of the Heritage Area shall include all of those lands depicted on a map entitled ``Oil Region National Heritage Area'', numbered OIRE/20,000 and dated October 2000. The map shall be on file in the appropriate offices of the National Park Service. The Secretary shall publish in the Federal Register, as soon as practical after the date of the enactment of this title, a detailed description and map of the boundaries established under this subsection. (c) Management Entity.--The management entity for the Heritage Area shall be the Oil Heritage Region, Inc., the locally-based private, nonprofit management corporation which shall oversee the development of a management plan in accordance with section 105(b). SEC. 104. MEMORANDUM OF UNDERSTANDING. To carry out the purposes of this title, the Secretary shall enter into a memorandum of understanding with the management entity. The memorandum shall include information relating to the objectives and management of the area, including a discussion of the goals and objectives of the Heritage Area, including an explanation of the proposed approach to conservation and interpretation and a general outline of the protection measures committed to by the Secretary and management entity. SEC. 105. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Authorities.--The management entity may use funds made available under this title for purposes of preparing, updating, and implementing the management plan developed under subsection (b). Such purposes may include-- (1) making grants to, and entering into cooperative agreements with, States and their political subdivisions, private organizations, or any other person; (2) hiring and compensating staff; and (3) undertaking initiatives that advance the purposes of the Heritage Area. (b) Management Plan.--The management entity shall develop a management plan for the Heritage Area that-- (1) presents comprehensive strategies and recommendations for conservation, funding, management, and development of the Heritage Area; (2) takes into consideration existing State, county, and local plans and involves residents, public agencies, and private organizations working in the Heritage Area; (3) includes a description of actions that units of government and private organizations have agreed to take to protect the resources of the Heritage Area; (4) specifies the existing and potential sources of funding to protect, manage, and develop the Heritage Area; (5) includes 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 should be preserved, restored, managed, developed, or maintained because of its natural, cultural, historic, recreational, or scenic significance; (6) recommends policies for resource management which consider and detail application of appropriate land and water management techniques, including, but not limited to, the development of intergovernmental and interagency cooperative agreements to protect the Heritage Area's historical, cultural, recreational, and natural resources in a manner consistent with supporting appropriate and compatible economic viability; (7) describes a program for implementation of the management plan by the management entity, including plans for restoration and construction, and specific commitments for that implementation that have been made by the management entity and any other persons for the first 5 years of implementation; (8) includes an analysis of ways in which local, State, and Federal programs, including the role for the National Park Service in the Heritage Area, may best be coordinated to promote the purposes of this title; (9) list any revisions to the boundaries of the Heritage Area proposed by the management entity and requested by the affected local government; and (10) includes an interpretation plan for the Heritage Area. (c) Deadline; Termination of Funding.-- (1) Deadline.--The management entity shall submit the management plan to the Secretary within 2 years after the funds are made available for this title. (2) Termination of funding.--If a management plan is not submitted to the Secretary in accordance with this subsection, the management entity shall not qualify for Federal assistance under this title. (d) Duties of Management Entity.--The management entity shall-- (1) give priority to implementing actions set forth in the compact and management plan; (2) assist units of government, regional planning organizations, and nonprofit organizations in-- (A) establishing and maintaining interpretative exhibits in the Heritage Area; (B) developing recreational resources in the Heritage Area; (C) increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the Heritage Area; (D) the restoration of any historic building relating to the themes of the Heritage Area; (E) ensuring that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are put in place throughout the Heritage Area; and (F) carrying out other actions that the management entity determines to be advisable to fulfill the purposes of the title; (3) encourage by appropriate means economic viability in the Heritage Area consistent with the goals of the management plan; (4) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; and (5) for any year in which Federal funds have been provided to implement the management plan under subsection (b)-- (A) conduct public meetings at least annually regarding the implementation of the management plan; (B) submit an annual report to the Secretary setting forth accomplishments, expenses and income, and each person to which any grant was made by the management entity in the year for which the report is made; and (C) require, for all agreements entered into by the management entity authorizing expenditure of Federal funds by any other person, that the person making the expenditure make available to the management entity for audit all records pertaining to the expenditure of such funds. (e) Prohibition on the Acquisition of Real Property.--The management entity may not use Federal funds received under this title to acquire real property or an interest in real property. SEC. 106. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical and Financial Assistance.-- (1) In general.-- (A) Overall assistance.--The Secretary may, upon the request of the management entity, and subject to the availability of appropriations, provide technical and financial assistance to the management entity to carry out its duties under this title, including updating and implementing a management plan that is submitted under section 105(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives. (B) Other assistance.--If the Secretary has the resources available to provide technical assistance to the management entity to carry out its duties under this title (including updating and implementing a management plan that is submitted under section 105(b) and approved by the Secretary and, prior to such approval, providing assistance for initiatives, upon the request of the management entity the Secretary shall provide such assistance on a reimbursable basis. This subparagraph does not preclude the Secretary from providing nonreimbursable assistance under subparagraph (A). (2) Priority.--In assisting the management entity, the Secretary shall give priority to actions that assist in the-- (A) implementation of the management plan; (B) provision of educational assistance and advice regarding land and water management techniques to conserve the significant natural resources of the region; (C) development and application of techniques promoting the preservation of cultural and historic properties; (D) preservation, restoration, and reuse of publicly and privately owned historic buildings; (E) design and fabrication of a wide range of interpretive materials based on the management plan, including guide brochures, visitor displays, audio- visual and interactive exhibits, and educational curriculum materials for public education; and (F) implementation of initiatives prior to approval of the management plan. (3) Documentation of structures.--The Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record, shall conduct studies necessary to document the industrial, engineering, building, and architectural history of the Heritage Area. (b) Approval and Disapproval of Management Plans.--The Secretary, in consultation with the Governor of Pennsylvania, shall approve or disapprove a management plan submitted under this title not later than 90 days after receiving such plan. In approving the plan, the Secretary shall take into consideration the following criteria: (1) The extent to which the management plan adequately preserves and protects the natural, cultural, and historical resources of the Heritage Area. (2) The level of public participation in the development of the management plan. (3) The extent to which the board of directors of the management entity is representative of the local government and a wide range of interested organizations and citizens. (c) Action Following Disapproval.--If the Secretary disapproves a management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions in the management plan. The Secretary shall approve or disapprove a proposed revision within 90 days after the date it is submitted. (d) Approving Changes.--The Secretary shall review and approve amendments to the management plan under section 105(b) that make substantial changes. Funds appropriated under this title may not be expended to implement such changes until the Secretary approves the amendments. SEC. 107. DUTIES OF OTHER FEDERAL ENTITIES. Any Federal entity 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 title 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 that the management entity determines shall not have an adverse effect on the Heritage Area. SEC. 108. USE OF FEDERAL FUNDS FROM OTHER SOURCES. Nothing in this title shall preclude the management entity from using Federal funds available under Acts other than this title for the purposes for which those funds were authorized. SEC. 109. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this title $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 title shall be not more than 50 percent. SEC. 110. TERMINATION OF AUTHORITY. 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 title. TITLE II--ARABIA MOUNTAIN NATIONAL HERITAGE AREA SEC. 201. SHORT TITLE. This title may be cited as the ``Arabia Mountain Heritage Area Act of 2002''. SEC. 202. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (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; and (8) the city of Lithonia has two structures listed on the National Register of Historic Places. (b) Purposes.--The purposes of this title are-- (1) to recognize, preserve, promote, interpret, and make available for the benefit of the public the natural, cultural, historical, scenic, and recreational resources in the area that includes Arabia Mountain, Panola Mountain, Miners Creek, and other significant sites and communities; and (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. 203. DEFINITIONS. In this title: (1) Heritage area.--The term ``heritage area'' means the Arabia Mountain National Heritage Area established by section 204. (2) Management entity.-- The term ``management entity'' means the Arabia Mountain Heritage Area Alliance or its successor. (3) Management plan.--The term ``management plan'' means the management plan for the heritage area developed under section 206. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Georgia. SEC. 204. 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 ``The Preferred Concept'' contained in the document entitled ``Arabia Mountain National Heritage Area Feasibility Study'', dated February 28, 2001. (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) Management Entity.-- The Arabia Mountain Heritage Area Alliance shall be the management entity for the heritage area. SEC. 205. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY. (a) Authorities.--For purposes of developing and implementing the management plan, the management 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 management entity shall develop and submit to the Secretary the management plan. (B) Considerations.--In developing and implementing the management plan, the management entity shall consider the interests of diverse governmental, business, and nonprofit groups within the heritage area. (2) Priorities.--The management entity shall give priority to implementing actions described in the management plan, including-- (A) assisting units of government and nonprofit organizations in preserving resources within the heritage area; and (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 management 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 management entity shall submit to the Secretary an annual report that describes-- (A) the accomplishments of the management entity; and (B) the expenses and income of the management entity. (5) Audit.--The management 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 management 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 management entity from using Federal funds made available under other Federal laws for any purpose for which the funds are authorized to be used. SEC. 206. MANAGEMENT PLAN. (a) In General.--The management 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 ``Arab 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) Reqirements.--The management plan shall include-- (1) an inventory of the resources in the heritage area, including-- (A) a list of property in the heritage area that-- (i) relates to the purposes of the heritage area; and (ii) should be preserved, restored, managed, or maintained because of the significance of the property; and (B) an assessment of cultural landscapes within the heritage area; (2) provisions for the protection, interpretation, and enjoyment of the resources of the heritage area consistent with the purposes of this title; (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; and (5) a description and evaluation of the management entity, including the membership and organizational structure of the management entity. (e) Submission to Secretary for Approval.-- (1) In general.--Not later than 3 years after the date of enactment of this title, the management 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 title until such date as a management plan for the heritage area is submitted to the Secretary. (f) Approval and Disapproval of Management Plan.-- (1) In general.--Not later than 90 days after receiving the management plan submitted under subsection (e), the 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 management entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) allow the management 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 management entity shall periodically-- (A) review the management plan; and (B) submit to the Secretary, for review and approval by the Secretary, the recommendations of the management entity for any revisions to the management plan that the management entity considers to be appropriate. (2) Expenditure of funds.--No funds made available under this title shall be used to implement any revision proposed by the management entity under paragraph (1)(B) until the Secretary approves the revision. SEC. 207. TECHNICAL AND FINANCIAL ASSISTANCE. (a) In General.--At the request of the management 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. 208. EFFECT ON CERTAIN AUTHORITY. (a) Occupational, Safety, Conservation, and Environmental Regulation.--Nothing in this title-- (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 204(b) but for the establishment of the heritage area by section 204; 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 204(b) as of the date of enactment of this title, solely as a result of the establishment of the heritage area by section 204. (b) Land Use Regulation.--Nothing in this title-- (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 title; or (2) grants powers of zoning or land use to the management entity. SEC. 209. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this title $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 title shall be not more than 50 percent. SEC. 210. TERMINATION OF AUTHORITY. 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 title. TITLE III--FREEDOM'S WAY NATIONAL HERITAGE AREA SEC. 301. SHORT TITLE. This title may be cited as the ``Freedom's Way National Heritage Area Act''. SEC. 302. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the cultural and natural legacies of an area encompassing 36 communities in Massachusetts and 6 communities in New Hampshire have made important and distinctive contributions to the national character of America; (2) recognizing and protecting those legacies will help sustain the quality of life in the future; (3) significant legacies of the area include-- (A) the early settlement of the United States and the early evolution of democratic forms of government; (B) the development of intellectual traditions of the philosophies of freedom, democracy, and conservation; (C) the evolution of social ideas and religious freedom; (D) the role of immigrants and industry in contributing to ethnic diversity; (E) Native American and African American resources; and (F) the role of innovation and invention in cottage industries; (4) the communities in the area know the value of the legacies but need a cooperative framework and technical assistance to achieve important goals by working together; (5) there is a Federal interest in supporting the development of a regional framework to assist the States, local governments, local organizations, and other persons in the region with conserving, protecting, and bringing recognition to the heritage of the area for the educational and recreation benefit of future generations of Americans; (6) significant examples of the area's resources include-- (A) Walden Pond State Reservation in Concord, Massachusetts; (B) Minute Man National Historical Park in the State of Massachusetts; (C) Shaker Villages in Shirley and Harvard in the State of Massachusetts; (D) Wachusett Mountain State Reservation, Fitchburg Art Museum, and Barrett House in New Ipswich, New Hampshire; and (E) Beaver Brook Farms and Lost City of Monson in Hollis, New Hampshire; (7) the study entitled ``Freedom's Way Heritage Area Feasibility Study'', prepared by the Freedom's Way Heritage Association, Inc., and the Massachusetts Department of Environmental Management, demonstrates that there are sufficient nationally distinctive historical resources necessary to establish the Freedom's Way National Heritage Area; and (8) the Freedom's Way Heritage Association, Inc., should oversee the development of the Freedom's Way National Heritage Area. (b) Purposes.--The purposes of this Act are-- (1) to foster a close working relationship between the Secretary and all levels of government, the private sector, and local communities in the States of Massachusetts and New Hampshire; (2) to assist the entities referred to in paragraph (1) in preserving the special historic identity of the Heritage Area; and (3) to manage, preserve, protect, and interpret the cultural, historical, and natural resources of the Heritage Area for the educational and inspirational benefit of future generations. SEC. 303. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Freedom's Way National Heritage Area established by section 304(a). (2) Management entity.--The term ``management entity'' means the management entity for the Heritage Area designated by section 304(d). (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 305. (4) Map.--The term ``Map'' means the map entitled ``Freedom's Way National Heritage Area'', numbered FRWA P-75/ 80,000 and dated July 2002. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 304. FREEDOM'S WAY NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Freedom's Way National Heritage Area in the States of Massachusetts and New Hampshire. (b) Boundaries.-- (1) In general.--The Heritage Area shall consist of the land within the boundaries of the Heritage Area, as depicted on the Map. (2) Revision.--The boundaries of the Heritage Area may be revised if the revision is-- (A) proposed in the management plan; (B) approved by the Secretary in accordance with section 305(c); and (C) placed on file in accordance with subsection (c). (c) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a legal description of the Heritage Area. (2) Availability.--The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Management Entity.--The Freedom's Way Heritage Association, Inc., shall serve as the management entity for the Heritage Area. SEC. 305. MANAGEMENT PLAN. (A) In General.--Not later than 3 years after the date of enactment of this Act, the management entity shall develop and submit to the Secretary for approval a management plan for the Heritage Area that presents comprehensive recommendations and strategies for the conservation, funding, management, and development of the Heritage Area. (b) Requirements.--The management plan shall-- (1) take into consideration and coordinate Federal, State, and local plans to present a unified historic preservation and interpretation plan; (2) involve residents, public agencies, and private organizations in the Heritage Area; (3) describe actions that units of government and private organizations recommend for the protection of the resources of the Heritage Area; (4) identify existing and potential sources of Federal and non-Federal funding for the conservation, management, and development of the Heritage Area; and (5) include-- (A) an inventory of the cultural, historic, natural, or recreational resources contained in the Heritage Area, including a list of property that-- (i) is related to the themes of the Heritage Area; and (ii) should be conserved, restored, managed, developed, or maintained; (B) a recommendation of policies for resource management and protection that-- (i) apply appropriate land and water management techniques; (ii) develop intergovernmental cooperative agreements to manage and protect the cultural, historic, and natural resources and recreation opportunities of the Heritage Area; and (iii) support economic revitalization efforts; (C) a program of strategies and actions to implement the management plan that-- (i) identifies the roles of agencies and organizations that are involved in the implementation of the management plan and the role of the management entity; (ii) includes-- (I) restoration and construction plans or goals; (II) a program of public involvement; (III) annual work plans; and (IV) annual reports; (D) an analysis of ways in which Federal, State, and local programs may best be coordinated to promote the purposes of this title; (E) an interpretive and educational plan for the Heritage Area; (F) any revisions proposed by the management entity to the boundaries of the Heritage Area and requested by the affected local government; and (G) a process to provide public access to the management entity for the purpose of attempting to resolve informally any disputes arising from the management plan. (c) Failure To Submit.--If the management entity fails to submit the management plan to the Secretary in accordance with subsection (a), the Heritage Area shall no longer qualify for Federal funding. (d) Approval or Disapproval of Management Plan.-- (1) In general.--Not later than 90 days after 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 management entity afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; (B) the resource protection and interpretation strategies contained in the management plan would adequately protect the cultural and historic resources of the Heritage Area; and (C) 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 management entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 60 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision. (e) Amendments.-- (1) In general.--In accordance with subsection (b), 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 title shall not be expended by the management entity to implement an amendment described in paragraph (1) until the Secretary approves the amendment. SEC. 306. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY. (a) Authorities.--The Management Entity may, for purposes of preparing and implementing the management plan, use funds made available under this title to-- (1) make grants to, and enter into cooperative agreements with, the States of Massachusetts and New Hampshire (including a political subdivision thereof), a nonprofit organizations, or any person; (2) hire and compensate staff; (3) obtain funds from any source (including a program that has a cost-sharing requirement); and (4) contract for goods and services. (b) Duties of the Management Entity.--In addition to developing the management plan, the management entity shall-- (1) give priority to the implementation of actions, goals, and strategies set forth in the management plan, including assisting units of government and other persons in-- (A) carrying out the programs that recognize and protect important resource values in the Heritage Area; (B) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (C) establishing and maintaining interpretive exhibits in the Heritage Area; (D) developing recreational and educational opportunities in the Heritage Area; (E) increasing public awareness of and appreciation for the cultural, historical, and natural resources of the Heritage Area; (F) restoring historic buildings that are located in the Heritage Area and relate to the themes of the Heritage Area; and (G) installing throughout the Heritage Area clear, consistent, and appropriate signs identifying public access points and sites of interest; (2) prepare and implement the management plan while considering the interests of diverse units of government, businesses, private property owners, and nonprofit groups within the Heritage Area; (3) conduct public meetings at least quarterly regarding the development and implementation of the management plan; (4) for any fiscal year for which Federal funds are received under this title-- (A) submit to the Secretary a report that describes, for the year-- (i) the accomplishments of the management entity; (ii) the expenses and income of the management entity; and (iii) each entity to which a grant was made; (B) make available for audit by Congress, the Secretary, and appropriate units of governments, all records pertaining to the expenditure of the funds and any matching funds; and (C) require, for all agreements authorizing 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.-- (1) Federal funds.--The management entity shall not use Federal funds made available under this title to acquire real property or any interest in real property. (2) Other funds.--Notwithstanding paragraph (1), the management entity may acquire real property or an interest in real property using non-Federal funds. SEC. 307. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES. (a) Technical and Financial Assistance.-- (1) In general.--On the request of the management 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 on non-federal property.--The management entity may expend Federal funds made available under this title on nonfederally owned property that is-- (A) identified in the management plan; or (B) 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 management entity regarding the activity; and (3) to the maximum extent practicable, conduct or support the activity to avoid adverse effects on the Heritage Area. SEC. 308. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW. (a) Land Use Regulation.-- (1) In general.--The management 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 title-- (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 management entity. (b) Private Property.-- (1) In general.--The management entity shall be an advocate for land management practices consistent with the purposes of the Heritage Area. (2) Effect.--Nothing in this title-- (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. SEC. 309. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this title 10,000,000, of which not more than $1,000,0900 may be authorized to be appropriate for any fiscal year. (b) Cost-Sharing Requirement.--The Federal share of the total cost of any activity assisted under this title shall be not more than 50 percent. SEC. 310. TERMINATION OF AUTHORITY. 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 Act. TITLE IV--GREAT BASIN NATIONAL HERITAGE AREA SEC. 401. SHORT TITLE. This title may be cited as the ``Great Basin National Heritage Area Act of 2002.'' SEC. 402. 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 in the Great Basin Heritage Area (including the towns of Delta, Utah, Ely, Nevada, and the surrounding communities) are located in a classic western landscape that contains long natural visits, isolated higher desert valleys, mountain ranges, ranches, mines, historic railroads, archaeological sites, and tribal communities; (3) the Native American, pioneer, ranching, mining, timber, and railroad heritages in the Great Basin Heritage Area include the social history and living cultural traditions of a rich diversity of nationalities; (4) the pioneer, Mormon and other religious settlements, 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, one of which, Topaz, was located within the Heritage Area; (6) the pioneer heritage of the Heritage Area 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 Area 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 Area 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 Area is among the best in the United States, and the clear air permits outstanding viewing of the night skies; (10) the Heritage Area 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 Area 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 Area 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 Area Partnership shall serve as the management entity for a Heritage Area established in the Great Basin. (b) Purposes.--The purposes of this title 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 title, without managing or regulating land use. SEC. 403. DEFINITIONS. In this title: (1) Great basin.--The term ``Great Basin'' means the North American Great Basin. (2) Heritage area.--The term ``Heritage Area'' means the Great Basin National Heritage Area established by section 404(a). (3) Management entity.--The term ``management entity'' means the Great Basin Heritage Area Partnership established by section 404(c). (4) Management plan.--The term ``management plan'' means the plan developed by the management entity under section 406(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 404. GREAT BASIN NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Great Basin National Heritage Area. (b) Composition.--The Heritage Area shall include historical, cultural, natural, scenic, and recreational resources within White Pine County, Nevada, Millard County, Utah, and the Duckwater Shoshone Reservation in Nye County, Nevada. The boundaries of the Heritage Area shall be specified in detail in the management plan developed in section 406. (c) Management Entity.-- (1) In general.--The Great Basin Heritage Area Partnership shall serve as the management entity for the Heritage Area. (2) Board of directors.--The Great Basin Heritage Area Partnership shall be governed by a board of directors that consists of-- (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 Area. SEC. 405. MEMORANDUM OF UNDERSTANDING. (a) In General.--In carrying out this title, the Secretary, in consultation with the Governors of the States of Nevada and Utah, and each tribe participating in the Heritage Area, shall enter into a memorandum of understanding with the management entity. (b) Inclusions.--The memorandum of understanding shall include information relating to the objectives and management of the Heritage Area, including-- (1) a description of the resources within the Heritage Area; (2) a discussion of the goals and objectives of the Heritage Area, 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 management 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 Area. (c) Additional Requirements.--In developing the terms of the memorandum of understanding, the Secretary and the management 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 management entity or the Governor of the State of Nevada or Utah. (2) Use of funds.--Funds made available under this title shall not be expended to implement a change made by a proposed amendment described in paragraph (1) until the Secretary approves the amendment. SEC. 406. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this title, the management entity shall develop and submit to the Secretary for approval a management plan for the Heritage Area that presents clear and comprehensive recommendations for the conservation, funding, management, and development of the Heritage Area. (b) Considerations.--In developing the management plan, the management 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 Area, taking into consideration State, tribal, county, and local land use plans in existence on the date of enactment of this title; (2) identify sources of funding; and (3) include-- (A) an inventory of the archaeological, historical, cultural, natural, scenic, and recreational resources contained in the Heritage Area, including a list of public and tribal property that-- (i) is related to the themes of the Heritage Area; and (ii) should be preserved, restored, managed, developed, or maintained because of the archaeological, historical, cultural, natural, scenic, and recreational significance of the property; (B) a program for implementation of the management plan by the management 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 405(b)(4) for the first 5 years of operation; and (C) an interpretation plan for the Heritage Area; 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 management entity fails to submit a management plan to the Secretary in accordance with subsection (a), the Heritage Area shall no longer qualify for Federal funding. (d) Approval and Disapproval of Management Plan.-- (1) In general.--Not later than 90 days after receipt of a management plan under subsection (a), the Secretary, in consultation with the Governors of the States of Nevada and Utah, shall approve or disapprove the management plan. (2) Criteria.--In determining whether to approve a management plan, the Secretary shall consider whether the management plan-- (A) has strong local support from a diversity of landowners, business interests, nonprofit organizations, and governments within the Heritage Area; (B) is consistent with an complements continued economic activity in the Heritage Area; (C) has a high potential for effective partnership mechanisms; (D) infringes 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 subsection (d)(1), the Secretary shall-- (A) advise the management entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 90 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision. (e) Implementation.--On approval of the management plan as provided in section 406(d)(1), the management 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 title shall not be expended to implement an amendment described in paragraph (1) until the Secretary approves the amendment. SEC. 407. AUTHORITY AND DUTIES OF MANAGEMENT ENTITY. (a) Authorities.--The management entity may, for purposes of preparing and implementing the management plan, use funds made available under this title to-- (1) make grants to, and enter into cooperative agreements with, a State (including a political subdivision), a tribe, a private organization, or any person; and (2) hire and compensate staff. (b) Duties.--In addition to developing the management plan, the management 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 in the Heritage Area; (ii) developing recreational resources in the Heritage Area; (iii) increasing public awareness of and appreciation for the archaeological, historical, cultural, natural, scenic, and recreational resources and sites in the Heritage Area; 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 Area; (B) encourage economic viability and diversity in the Heritage Area 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 throughout the Heritage Area; (2) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; (3) conduct public meetings within the Heritage Area 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 (5) for any year for which Federal funds are received under this title-- (A) submit to the Secretary a report that describes, for the year-- (i) the accomplishments of the management entity; (ii) the expenses and income of the management 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 management entity shall not use Federal funds made available under this title to acquire real property or any interest in real property. (d) Prohibition on the Regulation of Land Use.--The management entity shall not regulate land use within the Heritage Area. SEC. 408. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES. (a) Technical and Financial Assistance.-- (1) In general.--The Secretary may, on request of the management 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 management entity, give priority to actions that assist in-- (A) conserving the significant archaeological, historical, cultural, natural, scenic, and recreational resources of the Heritage Area; and (B) providing education, interpretive, and recreational opportunities, consistent with those resources. (b) Application of Federal Law.--The establishment of the Heritage Area shall have no effect on the application of any Federal law to any property within the Heritage Area. SEC. 409. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW. (a) Land Use Regulation.--Nothing in this title-- (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 management entity. (b) Applicability of Federal Law.--Nothing in this title-- (1) imposes on the Heritage Area, as a result of the designation of the Heritage Area, any regulation that is not applicable to the area within the Heritage area as of the date of enactment of this title; or (2) authorizes any agency to promulgate a regulation that applies to the Heritage Area solely as a result of the designation under this title. SEC. 410. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this title $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 title shall be not more than 50 percent. SEC. 411. TERMINATION OF AUTHORITY. 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 title. TITLE V--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA SEC. 501. SHORT TITLE. This title may be cited as the ``Northern Rio Grande National Heritage Area Act''. SEC. 502. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) northern New Mexico encompasses a mosaic of cultures and history, including eight 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. 503. DEFINITIONS. As used in this title-- (1) the term ``heritage area'' means the Northern Rio Grande Heritage Area; and (2) the term ``Secretary'' means the Secretary of the Interior. SEC. 504. 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, 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. 505. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY. (a) Management Plan.-- (1) Not later than 3 years after the date of enactment of this title, 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 title. (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 title until such time as a plan is submitted to the Secretary. (5) 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) 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) coordinate with tribal and local governments to better enable them to adopt land use policies consistent with the goals of the management plan; (3) encourage by appropriate means economic viability in the heritage area consistent with the goals of the management plan; and (4) 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 title, consistent with the management plan. (d) Prohibition on Acquiring Real Property.--The management entity may not use Federal funds received under this title 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 title, 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. 506. 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. 507. SAVINGS PROVISIONS. (a) No Effect on Private Property.--Nothing in this title shall be construed-- (1) to modify, enlarge, or diminish any authority of Federal, State, or local governments to regulate any use of privately owned lands; or (2) to grant the management entity any authority to regulate the use of privately owned lands. (b) Tribal Lands.--Nothing in this title shall restrict or limit a tribe from protecting cultural or religious sites on tribal lands. (c) Authority of Governments.--Nothing in this title shall-- (1) modify, enlarge, or diminish any authority of Federal, State, tribal, or local governments to manage or regulate any use of land as provided for by law or regulation; or (2) authorize the management entity to assume any management authorities over such lands. (d) Trust Responsibilities.--Nothing in this title shall diminish the Federal Government's trust responsibilities or government-to- government obligations to any federally recognized Indian tribe. SEC. 508. 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 title. SEC. 509. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this title $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 title shall be not more than 50 percent. TITLE VI--NATIONAL MORMON PIONEER HERITAGE AREA SEC. 601. SHORT TITLE. This title may be cited as the ``National Mormon Pioneer Heritage Area Act''. SEC. 602. 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, 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, historic landscape, customs, national parks, and architecture in the Heritage Area make the Heritage Area unique. (b) Purpose.--The purpose of this title 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. 603. DEFINITIONS. In this title: (1) Alliance.--The term ``Alliance'' means the Utah Heritage Highway 89 Alliance. (2) Board.--The term ``Board'' means the Board of Directors of the Alliance. (3) Heritage area.--The term ``Heritage Area'' means the National Mormon Pioneer Heritage Area established by section 604(a). (4) Management plan.--The term ``management plan'' means the plan developed by the Board under section 606(a). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.-- The term ``State'' means the State of Utah. SEC. 604. NATIONAL MORMON PIONEER HERITAGE AREA. (a) Establishment.--There is established the National Mormon Pioneer Heritage Area. (b) Boundaries.-- (1) In general.--The boundaries of the Heritage Area shall include areas in the State that are-- (A) 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) located in 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 Alliance 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 title. SEC. 605. DESIGNATION OF ALLIANCE AS MANAGEMENT ENTITY. (a) In General.--The Alliance shall be the management entity for the Heritage Area. (b) Federal Funding.-- (1) Authorization to Receive funds.--The Alliance may receive amounts made available to carry out this title. (2) Disqualification.--If a management plan is not submitted to the Secretary as required under section 606 within the time period specified in that section, the Alliance may not receive Federal funding under this title until a management plan is submitted to the Secretary. (c) Use of Federal Funds.--The Alliance may, for the purposes of developing and implementing the management plan, use Federal funds made available under this title-- (1) to make grants and loans to the State, political subdivision 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 Alliance may not use Federal funds received under this title to acquire real property or any interest in real property. SEC. 606. MANAGEMENT OF THE HERITAGE AREA. (a) Heritage Area Management Plan.-- (1) Development and submission for review.--Not later than 3 years after the date of enactment of this title, the Board, with public participation, shall develop and submit for review to the Secretary a management plan for the Heritage Area. (2) Contents.--The management plan shall-- (A) present comprehensive recommendation for the conservation, funding, management, and development of the Heritage Area; (B) take into consideration Federal, State, county, and local plans in effect on the date of enactment of this title; (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) 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 (II) does not include any property that is privately owned unless the owner of the property consents in writing to the inclusion; (ii) a recommendation of policies for resource management that consider the application of 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 title; and (vi) an interpretive plan for the Heritage Area. (3) Approval or disapproval of the management plan.-- (A) In general.--Not later than 180 days after submission of the management plan by the Board, 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 Board, in writing, of the reasons for the disapproval; and (II) make recommendations for revision of the management plans. (ii) Approval or disapproval.--The Secretary shall approve or disapprove proposed revisions to the management plan not later than 60 days after receipt of the revisions from the Board. (b) Priorities.--The Alliance 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 (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 Board shall consider the interests of diverse units of government, businesses, private property owners, and nonprofit organizations in the Heritage Area. (d) Public Meetings.--The Board shall conduct public meetings at least annually regarding the implementation of the management plan. (e) Annual Reports.--For any fiscal year in which the Alliance receives Federal funds under this title or in which a loan made by the Alliance with Federal funds under section 605(c)(1) is outstanding, the Alliance shall submit to the Secretary an annual report that describes-- (1) the accomplishments of the Alliance; (2) the expenses and income of the Alliance; and (3) the entities to which the Alliance made any loans or grants during the year for which the report is made. (f) Cooperation With Audits.--For any fiscal year in which the Alliance receives Federal funds under this title or in which a loan made by the Alliance with Federal funds under section 605(c)(1) is outstanding, the Alliance 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 Alliance may delete the responsibilities and actions under this section for each area identified in section 604(b)(1). (2) Review.--All delegated responsibilities and actions are subject to review and approval by the Alliance. SEC. 607. 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 Alliance; and (B) the Alliance, 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 section, require any recipient of the technical assistance or a grant to enact or modify any land use restriction. (3) Determination 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 title; and (B) after giving special consideration to projects that provide a greater leverage of Federal funds. (b) 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 section. (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 Alliance with respect to the activity to minimize the adverse effects of the activity on the Heritage Area. SEC. 608. NO EFFECT ON LAND USE AUTHORITY AND PRIVATE PROPERTY. (a) No Effect on Land Use Authority.--Nothing in this title modifies, enlarges, or diminishes any authority of Federal, State, or local government to regulate any use of land under any other law (including regulations). (b) No Zoning or Land Use Powers.--Nothing in this title grants powers of zoning or land use control to the Alliance. (c) Local Authority and Private Property Not Affected.--Nothing in this title affects or authorizes the Alliance to interfere with-- (1) the right of any person with respect to private property; or (2) any local zoning ordinance or land use plan of the State or a political subdivision of the State. SEC. 609. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this title $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (b) Federal Share.--The Federal share of the cost of any activity carried out using funds made available under this title shall not exceed 50 percent. SEC. 610. TERMINATION OF AUTHORITY. 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 title. TITLE VII--JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR SEC. 701. AUTHORIZATION OF APPROPRIATIONS. Section 10 of Public Law 99-647 (16 U.S.C. 461 note) is amended by striking subsection (b) and inserting the following: ``(b) Development Funds.--There is authorized to be appropriated to carry out section 8(c) for the period of fiscal years 2003 through 2007 not more than $5,000,000, to remain available until expended.''. Calendar No. 605 107th CONGRESS 2d Session H. R. 695 [Report No. 107-286] _______________________________________________________________________ AN ACT To establish the Oil Region National Heritage Area. _______________________________________________________________________ September 17, 2002 Reported with an amendment