[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 280 Referred in Senate (RFS)]

  1st Session
                                H. R. 280


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2003

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
 To establish certain National Heritage Areas, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                TITLE I--NATIONAL AVIATION HERITAGE AREA

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Aviation Heritage Area 
Act''.

SEC. 102. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Few technological advances have transformed the world 
        or our Nation's economy, society, culture, and national 
        character as the development of powered flight.
            (2) The industrial, cultural, and natural heritage legacies 
        of the aviation and aerospace industry in the State of Ohio are 
        nationally significant.
            (3) Dayton, Ohio, and other defined areas where the 
        development of the airplane and aerospace technology 
        established our Nation's leadership in both civil and military 
        aeronautics and astronautics set the foundation for the 20th 
        Century to be an American Century.
            (4) Wright-Patterson Air Force Base in Dayton, Ohio, is the 
        birthplace, the home, and an integral part of the future of 
        aerospace.
            (5) The economic strength of our Nation is connected 
        integrally to the vitality of the aviation and aerospace 
        industry, which is responsible for an estimated 11,200,000 
        American jobs.
            (6) The industrial and cultural heritage of the aviation 
        and aerospace industry in the State of Ohio includes the social 
        history and living cultural traditions of several generations.
            (7) The Department of the Interior is responsible for 
        protecting and interpreting the Nation's cultural and historic 
        resources, and there are significant examples of these 
        resources within Ohio to merit the involvement of the Federal 
        Government to develop programs and projects in cooperation with 
        the Aviation Heritage Foundation, Incorporated, the State of 
        Ohio, and other local and governmental entities to adequately 
        conserve, protect, and interpret this heritage for the 
        educational and recreational benefit of this and future 
        generations of Americans, while providing opportunities for 
        education and revitalization.
            (8) Since the enactment of the Dayton Aviation Heritage 
        Preservation Act of 1992 (Public Law 102-419), partnerships 
        among the Federal, State, and local governments and the private 
        sector have greatly assisted the development and preservation 
        of the historic aviation resources in the Miami Valley.
            (9) An aviation heritage area centered in Southwest Ohio is 
        a suitable and feasible management option to increase 
        collaboration, promote heritage tourism, and build on the 
        established partnerships among Ohio's historic aviation 
        resources and related sites.
            (10) A critical level of collaboration among the historic 
        aviation resources in Southwest Ohio cannot be achieved without 
        a congressionally established national heritage area and the 
        support of the National Park Service and other Federal agencies 
        which own significant historic aviation-related sites in Ohio.
            (11) The Aviation Heritage Foundation, Incorporated, would 
        be an appropriate management entity to oversee the development 
        of the National Aviation Heritage Area.
            (12) Five National Park Service and Dayton Aviation 
        Heritage Commission studies and planning documents: ``Study of 
        Alternatives: Dayton's Aviation Heritage'', ``Dayton Aviation 
        Heritage National Historical Park Suitability/Feasibility 
        Study'', ``Dayton Aviation Heritage General Management Plan'', 
        ``Dayton Historic Resources Preservation and Development 
        Plan'', and Heritage Area Concept Study, demonstrated that 
        sufficient historical resources exist to establish the National 
        Aviation Heritage Area.
            (13) With the advent of the 100th anniversary of the first 
        powered flight in 2003, it is recognized that the preservation 
        of properties nationally significant in the history of aviation 
        is an important goal for the future education of Americans.
            (14) Local governments, the State of Ohio, and private 
        sector interests have embraced the heritage area concept and 
        desire to enter into a partnership with the Federal government 
        to preserve, protect, and develop the Heritage Area for public 
        benefit.
            (15) The National Aviation Heritage Area would complement 
        and enhance the aviation-related resources within the National 
        Park Service, especially the Dayton Aviation Heritage National 
        Historical Park, Ohio.
    (b) Purpose.--The purpose of this title is to establish the 
Heritage Area to--
            (1) encourage and facilitate collaboration among the 
        facilities, sites, organizations, governmental entities, and 
        educational institutions within the Heritage Area to promote 
        heritage tourism and to develop educational and cultural 
        programs for the public;
            (2) preserve and interpret for the educational and 
        inspirational benefit of present and future generations the 
        unique and significant contributions to our national heritage 
        of certain historic and cultural lands, structures, facilities, 
        and sites within the National Aviation Heritage Area;
            (3) encourage within the National Aviation Heritage Area a 
        broad range of economic opportunities enhancing the quality of 
        life for present and future generations;
            (4) provide a management framework to assist the State of 
        Ohio, its political subdivisions, other areas, and private 
        organizations, or combinations thereof, in preparing and 
        implementing an integrated Management Plan to conserve their 
        aviation heritage and in developing policies and programs that 
        will preserve, enhance, and interpret the cultural, historical, 
        natural, recreation, and scenic resources of the Heritage Area; 
        and
            (5) authorize the Secretary to provide financial and 
        technical assistance to the State of Ohio, its political 
        subdivisions, and private organizations, or combinations 
        thereof, in preparing and implementing the private Management 
        Plan.

SEC. 103. DEFINITIONS.

     For purposes of this title:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the Foundation.
            (2) Financial assistance.--The term ``financial 
        assistance'' means funds appropriated by Congress and made 
        available to the management entity for the purpose of preparing 
        and implementing the Management Plan.
            (3) Heritage area.--The term ``Heritage Area'' means the 
        National Aviation Heritage Area established by section 104 to 
        receive, distribute, and account for Federal funds appropriated 
        for the purpose of this title.
            (4) Management plan.--The term ``Management Plan'' means 
        the management plan for the Heritage Area developed under 
        section 106.
            (5) Management entity.--The term ``management entity'' 
        means the Aviation Heritage Foundation, Incorporated (a 
        nonprofit corporation established under the laws of the State 
        of Ohio).
            (6) Partner.--The term ``partner'' means a Federal, State, 
        or local governmental entity, organization, private industry, 
        educational institution, or individual involved in promoting 
        the conservation and preservation of the cultural and natural 
        resources of the Heritage Area.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Technical assistance.--The term ``technical 
        assistance'' means any guidance, advice, help, or aid, other 
        than financial assistance, provided by the Secretary.

SEC. 104. NATIONAL AVIATION HERITAGE AREA.

    (a) Establishment.--There is established in the States of Ohio and 
Indiana, the National Aviation Heritage Area.
    (b) Boundaries.--The Heritage Area shall include the following:
            (1) A core area consisting of resources in Montgomery, 
        Greene, Warren, Miami, Clark, Champaign, Shelby, and Auglaize 
        Counties in Ohio.
            (2) The Neil Armstrong Air & Space Museum, Wapakoneta, 
        Ohio.
            (3) Sites, buildings, and districts within the core area 
        recommended by the Management Plan.
    (c) Map.--A map of the Heritage Area shall be included in the 
Management Plan. The map shall be on file in the appropriate offices of 
the National Park Service, Department of the Interior.
    (d) Management Entity.--The management entity for the Heritage Area 
shall be the Aviation Heritage Foundation.

SEC. 105. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

    (a) Authorities.--For purposes of implementing the Management Plan, 
the management entity may use Federal funds made available through this 
title to--
            (1) make grants to, and enter into cooperative agreements 
        with, the State of Ohio and political subdivisions of that 
        State, private organizations, or any person;
            (2) hire and compensate staff; and
            (3) enter into contracts for goods and services.
    (b) Duties.--The management entity shall--
            (1) develop and submit to the Secretary for approval the 
        proposed Management Plan in accordance with section 106;
            (2) give priority to implementing actions set forth in the 
        Management Plan, including taking steps to assist units of 
        government and nonprofit organizations in preserving resources 
        within the Heritage Area;
            (3) consider the interests of diverse governmental, 
        business, and nonprofit groups within the Heritage Area in 
        developing and implementing the Management Plan;
            (4) maintain a collaboration among the partners to promote 
        heritage tourism and to assist partners to develop educational 
        and cultural programs for the public;
            (5) encourage economic viability in the Heritage Area 
        consistent with the goals of the Management Plan;
            (6) assist units of government and nonprofit 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 historical, natural, and architectural 
                resources and sites in the Heritage Area; and
                    (D) restoring historic buildings that relate to the 
                purposes of the Heritage Area;
            (7) conduct public meetings at least quarterly regarding 
        the implementation of the Management Plan;
            (8) submit substantial amendments to the Management Plan to 
        the Secretary for the approval of the Secretary; and
            (9) for any year in which Federal funds have been received 
        under this title--
                    (A) submit an annual report to the Secretary that 
                sets forth the accomplishments of the management entity 
                and its expenses and income;
                    (B) make available to the Secretary for audit all 
                records relating to the expenditure of such funds and 
                any matching funds; and
                    (C) 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 such funds.
    (c) Use of Federal Funds.--
            (1) In general.--The management entity shall not use 
        Federal funds received 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 from other sources 
        for authorized purposes.

SEC. 106. MANAGEMENT PLAN.

    (a) Preparation of Plan.--Not later than 3 years after the date of 
the enactment of this title, the management entity shall submit to the 
Secretary for approval a proposed Management Plan that shall take into 
consideration State and local plans and involve residents, public 
agencies, and private organizations in the Heritage Area.
    (b) Contents.--The Management Plan shall incorporate an integrated 
and cooperative approach for the protection, enhancement, and 
interpretation of the natural, cultural, historic, scenic, and 
recreational resources of the Heritage Area and shall include the 
following:
            (1) An inventory of the resources contained in the core 
        area of the Heritage Area, including the Dayton Aviation 
        Heritage Historical Park, the sites, buildings, and districts 
        listed in section 202 of the Dayton Aviation Heritage 
        Preservation Act of 1992 (Public Law 102-419), and any other 
        property in the Heritage Area that is related to the themes of 
        the Heritage Area and that should be preserved, restored, 
        managed, or maintained because of its significance.
            (2) An assessment of cultural landscapes within the 
        Heritage Area.
            (3) Provisions for the protection, interpretation, and 
        enjoyment of the resources of the Heritage Area consistent with 
        the purposes of this title.
            (4) An interpretation plan for the Heritage Area.
            (5) A program for implementation of the Management Plan by 
        the management entity, including the following:
                    (A) Facilitating ongoing collaboration among the 
                partners to promote heritage tourism and to develop 
                educational and cultural programs for the public.
                    (B) Assisting partners planning for restoration and 
                construction.
                    (C) Specific commitments of the partners for the 
                first 5 years of operation.
            (6) The identification of sources of funding for 
        implementing the plan.
            (7) A description and evaluation of the management entity, 
        including its membership and organizational structure.
    (c) Disqualification From Funding.--If a proposed Management Plan 
is not submitted to the Secretary within 3 years of the date of the 
enactment of this title, the management entity shall be ineligible to 
receive additional funding under this title until the date on which the 
Secretary receives the proposed Management Plan.
    (d) Approval and Disapproval of Management Plan.--The Secretary, in 
consultation with the State of Ohio, shall approve or disapprove the 
proposed Management Plan submitted under this title not later than 90 
days after receiving such proposed Management Plan.
    (e) Action Following Disapproval.--If the Secretary disapproves a 
proposed Management Plan, the Secretary shall advise the management 
entity in writing of the reasons for the disapproval and shall make 
recommendations for revisions to the proposed Management Plan. The 
Secretary shall approve or disapprove a proposed revision within 90 
days after the date it is submitted.
    (f) Approval of Amendments.--The Secretary shall review and approve 
substantial amendments to the Management Plan. Funds appropriated under 
this title may not be expended to implement any changes made by such 
amendment until the Secretary approves the amendment.

SEC. 107. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

    (a) Technical and Financial Assistance.--Upon the request of the 
management entity, the Secretary may provide technical assistance, on a 
reimbursable or nonreimbursable basis, and financial assistance to the 
Heritage Area to develop and implement the management plan. The 
Secretary is authorized to enter into cooperative agreements with the 
management entity and other public or private entities for this 
purpose. In assisting the Heritage Area, the Secretary shall give 
priority to actions that in general assist in--
            (1) conserving the significant natural, historic, cultural, 
        and scenic resources of the Heritage Area; and
            (2) providing educational, interpretive, and recreational 
        opportunities consistent with the purposes of the Heritage 
        Area.
    (b) Duties of Other Federal Agencies.--Any Federal agency 
conducting or supporting activities directly affecting the Heritage 
Area shall--
            (1) consult with the Secretary and the management entity 
        with respect to such activities;
            (2) cooperate with the Secretary and the management entity 
        in carrying out their duties under this title;
            (3) to the maximum extent practicable, coordinate such 
        activities with the carrying out of such duties; and
            (4) to the maximum extent practicable, conduct or support 
        such activities in a manner which the management entity 
        determines will not have an adverse effect on the Heritage 
        Area.

SEC. 108. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF 
              DEFENSE AND THE ADMINISTRATOR OF NASA.

     The decisions concerning the execution of this title as it applies 
to properties under the control of the Secretary of Defense and the 
Administrator of the National Aeronautics and Space Administration 
shall be made by such Secretary or such Administrator, in consultation 
with the Secretary of the Interior.

SEC. 109. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved, conserved, or promoted by 
the management plan for the Heritage Area until the owner of that 
private property has been notified in writing by the management entity 
and has given written consent for such preservation, conservation, or 
promotion to the management entity.
    (b) Landowner Withdraw.--Any owner of private property included 
within the boundary of the Heritage Area shall have their property 
immediately removed from the boundary by submitting a written request 
to the management entity.

SEC. 110. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this title shall be 
construed to--
            (1) require any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to such private property; or
            (2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.
    (b) Liability.--Designation of the Heritage Area shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property.
    (c) Recognition of Authority To Control Land Use.--Nothing in this 
title shall be construed to modify the authority of Federal, State, or 
local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Area.--
Nothing in this title shall be construed to require the owner of any 
private property located within the boundaries of the Heritage Area to 
participate in or be associated with the Heritage Area.
    (e) Effect of Establishment.--The boundaries designated for the 
Heritage Area represent the area within which Federal funds 
appropriated for the purpose of this title may be expended. The 
establishment of the Heritage Area and its boundaries shall not be 
construed to provide any nonexisting regulatory authority on land use 
within the Heritage Area or its viewshed by the Secretary, the National 
Park Service, or the management entity.

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--To carry out this title there is authorized to be 
appropriated $10,000,000, except that not more than $1,000,000 may be 
appropriated to carry out this title for any fiscal year.
    (b) Fifty Percent Match.--The Federal share of the cost of 
activities carried out using any assistance or grant under this title 
shall not exceed 50 percent.

SEC. 112. SUNSET PROVISION.

    The authority of the Secretary to provide assistance under this 
title terminates on the date that is 15 years after the date that funds 
are first made available for this title.

                 TITLE II--WRIGHT COMPANY FACTORY STUDY

SEC. 201. STUDY AND REPORT.

    (a) Study.--
            (1) In general.--The Secretary shall conduct a special 
        resource study updating the study required under section 104 of 
        the Dayton Aviation Heritage Preservation Act of 1992 (Public 
        Law 102-419) and detailing alternatives for incorporating the 
        Wright Company factory as a unit of Dayton Aviation Heritage 
        National Historical Park.
            (2) Contents.--The study shall include an analysis of 
        alternatives for including the Wright Company factory as a unit 
        of Dayton Aviation Heritage National Historical Park that 
        detail management and development options and costs.
            (3) Consultation.--In conducting the study, the Secretary 
        shall consult with the Delphi Corporation, the Aviation 
        Heritage Foundation, State and local agencies, and other 
        interested parties in the area.
    (b) Report.--Not later than 3 years after funds are first made 
available for this section, the Secretary shall submit to the Committee 
on Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a report describing the 
results of the study conducted under this section.

            TITLE III--STEEL INDUSTRY NATIONAL HISTORIC SITE

SEC. 301. SHORT TITLE.

     This title may be cited as the ``Steel Industry National Historic 
Site Act''.

SEC. 302. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Certain sites and structures in the Commonwealth of 
        Pennsylvania symbolize in physical form the heritage of the 
        steel industry of the United States.
            (2) Certain buildings and other structures in the 
        Commonwealth of Pennsylvania are nationally significant 
        historical resources, including the United States Steel 
        Homestead Works, the Carrie Furnace complex, and the Hot Metal 
        Bridge.
            (3) Despite substantial efforts for cultural preservation 
        and historical interpretation by the Commonwealth of 
        Pennsylvania and by individuals and public and private entities 
        in the Commonwealth, these buildings and other structures may 
        be lost without the assistance of the Federal Government.
    (b) Purposes.--The purposes of this title are to ensure the 
preservation, interpretation, visitor enjoyment, and maintenance of the 
nationally significant historical and cultural sites and structures 
described in subsection (a) for the benefit and inspiration of present 
and future generations.

SEC. 303. STEEL INDUSTRY NATIONAL HISTORIC SITE, PENNSYLVANIA.

    (a) Establishment.--The Steel Industry National Historic Site is 
hereby established as a unit of the National Park System in the 
Commonwealth of Pennsylvania.
    (b) Description.--
            (1) Inclusion of certain property.--Subject to paragraph 
        (2), the historic site shall consist of the following 
        properties, each of which relate to the former United States 
        Steel Homestead Works, as depicted on the map entitled ``Steel 
        Industry National Historic Site'', dated November 2003, and 
        numbered 80,000:
                    (A) The historic location of the Battle of 
                Homestead site in the borough of Munhall, Pennsylvania, 
                consisting of approximately 3 acres of land, including 
                the pumphouse and water tower and related structures, 
                within the property bounded by the Monongahela River, 
                the CSX railroad, Waterfront Drive, and the Damascus-
                Marcegaglia Steel Mill.
                    (B) The historic location of the Carrie Furnace 
                complex in the boroughs of Swissvale and Rankin, 
                Pennsylvania, consisting of approximately 35 acres of 
                land, including blast furnaces 6 and 7, the ore yard, 
                the cast house, the blowing engine house, the AC power 
                house, and related structures, within the property 
                bounded by the proposed southwesterly right-of-way line 
                needed to accommodate the Mon/Fayette Expressway and 
                the relocated CSX railroad right-of-way, the 
                Monongahela River, and a property line drawn northeast 
                to southwest approximately 100 yards east of the AC 
                power house.
                    (C) The historic location of the Hot Metal Bridge, 
                consisting of the Union railroad bridge and its 
                approaches, spanning the Monongahela River and 
                connecting the mill sites in the boroughs of Rankin and 
                Munhall, Pennsylvania.
            (2) Availability of map.--The map referred to in paragraph 
        (1) shall be available for public inspection in an appropriate 
        office of the National Park Service.
    (c) Acquisition of Property.-- To further the purposes of this 
section, the Secretary of the Interior may acquire, only by donation, 
property for inclusion in the historic site as follows:
            (1) Any land or interest in land with respect to the 
        property identified in subsection (b)(1).
            (2) Up to 10 acres of land adjacent to or in the general 
        proximity of the property identified in such subsection, for 
        the development of visitor, administrative, museum, curatorial, 
        and maintenance facilities.
            (3) Personal property associated with, and appropriate for, 
        the interpretation of the historic site.
    (d) Private Property Protections.--Nothing in this title shall be 
construed--
            (1) to require any private property owner to permit public 
        access (including Federal, State, or local government access) 
        to the private property; or
            (2) to modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.
    (e) Administration.--The Secretary of the Interior shall administer 
the historic site in accordance with this title and the provisions of 
law generally applicable to units of the National Park System, 
including the Act of August 25, 1916 (16 U.S.C. 1 et seq.), and the Act 
of August 21, 1935 (16 U.S.C. 461 et seq.).
    (f) Cooperative Agreements.--
            (1) In general.--Until such time as the Secretary of the 
        Interior has acquired the property identified in subsection 
        (b)(1), as depicted on the map referred to in such subsection, 
        the Secretary may enter into a cooperative agreement with any 
        interested individual, public or private agency, organization, 
        or institution to further the purposes of the historic site.
            (2) Contrary purposes.--Any payment made by the Secretary 
        pursuant to a cooperative agreement under this subsection shall 
        be subject to an agreement that conversion, use, or disposal of 
        the project so assisted for purposes contrary to the purpose of 
        the historic site, as determined by the Secretary, shall result 
        in a right of the United States to reimbursement of all funds 
        made available to such a project or the proportion of the 
        increased value of the project attributable to such funds as 
        determined at the time of such conversion, use, or disposal, 
        whichever is greater.
    (g) Technical Assistance.--The Secretary of the Interior may 
provide technical assistance to any person for--
            (1) the preservation of historic structures within the 
        historic site; and
            (2) the maintenance of the natural and cultural landscape 
        of the historic site.
    (h) General Management Plan.--
            (1) Preparation.--Not later than three years after the date 
        on which funds are first made available to carry out this 
        title, the Secretary of the Interior shall prepare a general 
        management plan for the historic site that will incorporate or 
        otherwise address substantive comments made during the 
        consultation required by paragraph (2).
            (2) Consultation.--The Secretary shall prepare the general 
        management plan in consultation with--
                    (A) an appropriate official of each appropriate 
                political subdivision of the Commonwealth of 
                Pennsylvania that has jurisdiction over all or a 
                portion of the lands included in the historic site;
                    (B) an appropriate official of the Steel Industry 
                Heritage Corporation; and
                    (C) private property owners in the vicinity of the 
                historic site.
            (3) Submission of plan to congress.--Upon the completion of 
        the general management plan, the Secretary shall submit a copy 
        of the plan to the Committee on Energy and Natural Resources of 
        the Senate and the Committee on Resources of the House of 
        Representatives.

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the purposes of this 
title not more than $40,000,000.

            TITLE IV--ST. CROIX NATIONAL HERITAGE AREA STUDY

SEC. 401. ST. CROIX NATIONAL HERITAGE AREA STUDY.

    (a) Short Title.--This section may be cited as the ``St. Croix 
National Heritage Area Study Act''.
    (b) Study.--The Secretary of the Interior, in consultation with 
appropriate State historic preservation officers, States historical 
societies, and other appropriate organizations, shall conduct a study 
regarding the suitability and feasibility of designating the island of 
St. Croix as the St. Croix National Heritage Area. The study shall 
include analysis, documentation, and determination regarding whether 
the island of St. Croix--
            (1) has an assemblage of natural, historic, and cultural 
        resources that together represent distinctive aspects of 
        American heritage worthy of recognition, conservation, 
        interpretation, and continuing use, and are best managed 
        through partnerships among public and private entities and by 
        combining diverse and sometimes noncontiguous resources and 
        active communities;
            (2) provides outstanding opportunities to conserve natural, 
        historic, cultural, or scenic features;
            (3) provides outstanding recreational and educational 
        opportunities;
            (4) contains resources important to the identified theme or 
        themes of the island of St. Croix that retain a degree of 
        integrity capable of supporting interpretation;
            (5) includes residents, business interests, nonprofit 
        organizations, and local and State governments that are 
        involved in the planning, have developed a conceptual financial 
        plan that outlines the roles of all participants (including the 
        Federal Government), and have demonstrated support for the 
        concept of a national heritage area;
            (6) has a potential management entity to work in 
        partnership with residents, business interests, nonprofit 
        organizations, and local and State governments to develop a 
        national heritage area consistent with continued local and 
        State economic activity; and
            (7) has a conceptual boundary map that is supported by the 
        public.
    (c) Private Property.--In conducting the study required by this 
section, the Secretary of the Interior shall analyze the potential 
impact that designation of the area as a national heritage area is 
likely to have on land within the proposed area or bordering the 
proposed area that is privately owned at the time that the study is 
conducted.
    (d) Report.--Not later than 3 fiscal years after the date on which 
funds are first made available for this section, the Secretary of the 
Interior shall submit to the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate a report on the findings, conclusions, and recommendations 
as the Secretary deems appropriate.

            TITLE V--ARABIA MOUNTAIN NATIONAL HERITAGE AREA

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Arabia Mountain National Heritage 
Area Act''.

SEC. 502. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Arabia Mountain area contains a variety of natural, 
        cultural, historical, scenic, and recreational resources that 
        together represent distinctive aspects of the heritage of the 
        United States that are worthy of recognition, conservation, 
        interpretation, and continuing use.
            (2) The best methods for managing the resources of the 
        Arabia Mountain area would be through partnerships between 
        public and private entities that combine diverse resources and 
        active communities.
            (3) Davidson-Arabia Mountain Nature Preserve, a 535-acre 
        park in DeKalb County, Georgia--
                    (A) protects granite outcrop ecosystems, wetland, 
                and pine and oak forests; and
                    (B) includes federally-protected plant species.
            (4) Panola Mountain, a national natural landmark, located 
        in the 860-acre Panola Mountain State Conservation Park, is a 
        rare example of a pristine granite outcrop.
            (5) The archaeological site at Miners Creek Preserve along 
        the South River contains documented evidence of early human 
        activity.
            (6) The city of Lithonia, Georgia, and related sites of 
        Arabia Mountain and Stone Mountain possess sites that display 
        the history of granite mining as an industry and culture in 
        Georgia, and the impact of that industry on the United States.
            (7) The community of Klondike is eligible for designation 
        as a National Historic District.
            (8) The city of Lithonia has 2 structures listed on the 
        National Register of Historic Places.
    (b) Purposes.--The purposes of this title are as follows:
            (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.
            (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. 503. DEFINITIONS.

     For the purposes of this title, the following definitions apply:
            (1) Heritage area.--The term ``heritage area'' means the 
        Arabia Mountain National Heritage Area established by section 
        504.
            (2) Management entity.--The term ``management entity'' 
        means the Arabia Mountain Heritage Area Alliance or a successor 
        of the Arabia Mountain Heritage Area Alliance.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the heritage area developed under 
        section 506.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of Georgia.

SEC. 504. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Arabia Mountain 
National Heritage Area in the State.
    (b) Boundaries.--The heritage area shall consist of certain parcels 
of land in the counties of DeKalb, Rockdale, and Henry in the State, as 
generally depicted on the map entitled ``Arabia Mountain National 
Heritage Area'', numbered AMNHA/80,000, and dated October, 2003.
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service.
    (d) Management Entity.--The Arabia Mountain Heritage Area Alliance 
shall be the management entity for the heritage area.

SEC. 505. 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 assisting units of government and nonprofit 
        organizations in preserving resources within the heritage area.
            (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 the following:
                    (A) The accomplishments of the management entity.
                    (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. 506. 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 ``Arabia Mountain National Heritage 
Area Feasibility Study'', dated February 28, 2001.
    (c) Consideration of Other Plans and Actions.--The management plan 
shall--
            (1) take into consideration State and local plans; and
            (2) involve residents, public agencies, and private 
        organizations in the heritage area.
    (d) Requirements.--The management plan shall include the following:
            (1) 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.
            (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 
        the enactment of this Act, 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. 507. 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. 508. 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 504(b) but for the establishment of 
        the heritage area by section 504; 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 504(b) 
        as of the date of enactment of this Act, solely as a result of 
        the establishment of the heritage area by section 504.
    (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 Act; or
            (2) grants powers of zoning or land use to the management 
        entity.

SEC. 509. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved, conserved, or promoted by 
the management plan for the Heritage Area until the owner of that 
private property has been notified in writing by the management entity 
and has given written consent for such preservation, conservation, or 
promotion to the management entity.
    (b) Landowner Withdraw.--Any owner of private property included 
within the boundary of the Heritage Area shall have their property 
immediately removed from the boundary by submitting a written request 
to the management entity.

SEC. 510. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this title shall be 
construed to--
            (1) require any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to such private property; or
            (2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.
    (b) Liability.--Designation of the Heritage Area shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property.
    (c) Recognition of Authority To Control Land Use.--Nothing in this 
title shall be construed to modify the authority of Federal, State, or 
local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Area.--
Nothing in this title shall be construed to require the owner of any 
private property located within the boundaries of the Heritage Area to 
participate in or be associated with the Heritage Area.
    (e) Effect of Establishment.--The boundaries designated for the 
Heritage Area represent the area within which Federal funds 
appropriated for the purpose of this title may be expended. The 
establishment of the Heritage Area and its boundaries shall not be 
construed to provide any nonexisting regulatory authority on land use 
within the Heritage Area or its viewshed by the Secretary, the National 
Park Service, or the management entity.

SEC. 511. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this title $10,000,000, to remain available until expended, of 
which not more than $1,000,000 may be used in any fiscal year.
    (b) Federal Share.--The Federal share of the cost of any project or 
activity carried out using funds made available under this title shall 
not exceed 50 percent.

SEC. 512. TERMINATION OF AUTHORITY.

     The authority of the Secretary to make any grant or provide any 
assistance under this title shall terminate on September 30, 2016.

        TITLE VI--UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Upper Housatonic Valley National 
Heritage Area Act''.

SEC. 602. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The upper Housatonic Valley, encompassing 29 towns in 
        the hilly terrain of western Massachusetts and northwestern 
        Connecticut, is a singular geographical and cultural region 
        that has made significant national contributions through its 
        literary, artistic, musical, and architectural achievements, 
        its iron, paper, and electrical equipment industries, and its 
        scenic beautification and environmental conservation efforts.
            (2) The upper Housatonic Valley has 139 properties and 
        historic districts listed on the National Register of Historic 
        Places including--
                    (A) five National Historic Landmarks--
                            (i) Edith Wharton's home, The Mount, Lenox, 
                        Massachusetts;
                            (ii) Herman Melville's home, Arrowhead, 
                        Pittsfield, Massachusetts;
                            (iii) W.E.B. DuBois' Boyhood Homesite, 
                        Great Barrington, Massachusetts;
                            (iv) Mission House, Stockbridge, 
                        Massachusetts; and
                            (v) Crane and Company Old Stone Mill Rag 
                        Room, Dalton, Massachusetts; and
                    (B) four National Natural Landmarks--
                            (i) Bartholomew's Cobble, Sheffield, 
                        Massachusetts, and Salisbury, Connecticut;
                            (ii) Beckley Bog, Norfolk, Connecticut;
                            (iii) Bingham Bog, Salisbury, Connecticut; 
                        and
                            (iv) Cathedral Pines, Cornwall, 
                        Connecticut.
            (3) Writers, artists, musicians, and vacationers have 
        visited the region for more than 150 years to enjoy its scenic 
        wonders, making it one of the country's leading cultural 
        resorts.
            (4) The upper Housatonic Valley has made significant 
        national cultural contributions through such writers as Herman 
        Melville, Nathaniel Hawthorne, Edith Wharton, and W.E.B. 
        DuBois, artists Daniel Chester French and Norman Rockwell, and 
        the performing arts centers of Tanglewood, Music Mountain, 
        Norfolk (Connecticut) Chamber Music Festival, Jacob's Pillow, 
        and Shakespeare & Company.
            (5) The upper Housatonic Valley is noted for its pioneering 
        achievements in the iron, paper, and electrical generation 
        industries and has cultural resources to interpret those 
        industries.
            (6) The region became a national leader in scenic 
        beautification and environmental conservation efforts following 
        the era of industrialization and deforestation and maintains a 
        fabric of significant conservation areas including the 
        meandering Housatonic River.
            (7) Important historical events related to the American 
        Revolution, Shays' Rebellion, and early civil rights took place 
        in the upper Housatonic Valley.
            (8) The region had an American Indian presence going back 
        10,000 years and Mohicans had a formative role in contact with 
        Europeans during the seventeenth and eighteenth centuries.
            (9) The Upper Housatonic Valley National Heritage Area has 
        been proposed in order to heighten appreciation of the region, 
        preserve its natural and historical resources, and improve the 
        quality of life and economy of the area.
    (b) Purposes.--The purposes of this title are as follows:
            (1) To establish the Upper Housatonic Valley National 
        Heritage Area in the State of Connecticut and the Commonwealth 
        of Massachusetts.
            (2) To implement the national heritage area alternative as 
        described in the document entitled ``Upper Housatonic Valley 
        National Heritage Area Feasibility Study, 2003''.
            (3) To provide a management framework to foster a close 
        working relationship with all levels of government, the private 
        sector, and the local communities in the upper Housatonic 
        Valley region to conserve the region's heritage while 
        continuing to pursue compatible economic opportunities.
            (4) To assist communities, organizations, and citizens in 
        the State of Connecticut and the Commonwealth of Massachusetts 
        in identifying, preserving, interpreting, and developing the 
        historical, cultural, scenic, and natural resources of the 
        region for the educational and inspirational benefit of current 
        and future generations.

SEC. 603. DEFINITIONS.

    In this title:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Upper Housatonic Valley National Heritage Area, established in 
        section 604.
            (2) Management entity.--The term ``Management Entity'' 
        means the management entity for the Heritage Area designated by 
        section 604(d).
            (3) Management plan.--The term ``Management Plan'' means 
        the management plan for the Heritage Area specified in section 
        606.
            (4) Map.--The term ``map'' means the map entitled 
        ``Boundary Map Upper Housatonic Valley National Heritage 
        Area'', numbered P17/80,000, and dated February 2003.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of 
        Connecticut and the Commonwealth of Massachusetts.

SEC. 604. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Upper Housatonic 
Valley National Heritage Area.
    (b) Boundaries.--The Heritage Area shall be comprised of--
            (1) part of the Housatonic River's watershed, which extends 
        60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
            (2) the towns of Canaan, Colebrook, Cornwall, Kent, 
        Norfolk, North Canaan, Salisbury, Sharon, and Warren in 
        Connecticut; and
            (3) the towns of Alford, Becket, Dalton, Egremont, Great 
        Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, Monterey, 
        Mount Washington, New Marlboro, Pittsfield, Richmond, 
        Sheffield, Stockbridge, Tyringham, Washington, and West 
        Stockbridge in Massachusetts.
    (c) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the National Park 
Service, Department of the Interior.
    (d) Management Entity.--The Upper Housatonic Valley National 
Heritage Area, Inc. shall be the management entity for the Heritage 
Area.

SEC. 605. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE MANAGEMENT 
              ENTITY.

    (a) Duties of the Management Entity.--To further the purposes of 
the Heritage Area, the management entity shall--
            (1) prepare and submit a management plan for the Heritage 
        Area to the Secretary in accordance with section 606;
            (2) assist units of local government, regional planning 
        organizations, and nonprofit organizations in implementing the 
        approved management plan by--
                    (A) carrying out programs and projects that 
                recognize, protect and enhance important resource 
                values within the Heritage Area;
                    (B) establishing and maintaining interpretive 
                exhibits and programs within the Heritage Area;
                    (C) developing recreational and educational 
                opportunities in the Heritage Area;
                    (D) increasing public awareness of and appreciation 
                for natural, historical, scenic, and cultural resources 
                of the Heritage Area;
                    (E) protecting and restoring historic sites and 
                buildings in the Heritage Area that are consistent with 
                heritage area themes;
                    (F) ensuring that signs identifying points of 
                public access and sites of interest are posted 
                throughout the Heritage Area; and
                    (G) promoting a wide range of partnerships among 
                governments, organizations and individuals to further 
                the purposes of the Heritage Area;
            (3) consider the interests of diverse units of government, 
        businesses, organizations and individuals in the Heritage Area 
        in the preparation and implementation of the management plan;
            (4) conduct meetings open to the public at least semi-
        annually regarding the development and implementation of the 
        management plan;
            (5) submit an annual report to the Secretary for any fiscal 
        year in which the management entity receives Federal funds 
        under this title, setting forth its accomplishments, expenses, 
        and income, including grants to any other entities during the 
        year for which the report is made;
            (6) make available for audit for any fiscal year in which 
        it receives Federal funds under this title, all information 
        pertaining to the expenditure of such funds and any matching 
        funds, and require in all agreements authorizing expenditures 
        of Federal funds by other organizations, that the receiving 
        organizations make available for such audit all records and 
        other information pertaining to the expenditure of such funds; 
        and
            (7) encourage by appropriate means economic development 
        that is consistent with the purposes of the Heritage Area.
    (b) Authorities.--The management entity may, for the purposes of 
preparing and implementing the management plan for the Heritage Area, 
use Federal funds made available through this title to--
            (1) make grants to the State of Connecticut and the 
        Commonwealth of Massachusetts, their political subdivisions, 
        nonprofit organizations and other persons;
            (2) enter into cooperative agreements with or provide 
        technical assistance to the State of Connecticut and the 
        Commonwealth of Massachusetts, their subdivisions, nonprofit 
        organizations, and other interested parties;
            (3) hire and compensate staff, which shall include 
        individuals with expertise in natural, cultural, and historical 
        resources protection, and heritage programming;
            (4) obtain money or services from any source including any 
        that are provided under any other Federal law or program;
            (5) contract for goods or services; and
            (6) undertake to be a catalyst for any other activity that 
        furthers the purposes of the Heritage Area and is consistent 
        with the approved management plan.
    (c) Prohibitions on the Acquisition of Real Property.--The 
management entity may not use Federal funds received under this title 
to acquire real property, but may use any other source of funding, 
including other Federal funding outside this authority, intended for 
the acquisition of real property.

SEC. 606. MANAGEMENT PLAN.

    (a) In General.--The management plan for the Heritage Area shall--
            (1) include comprehensive policies, strategies and 
        recommendations for conservation, funding, management and 
        development of the Heritage Area;
            (2) take into consideration existing State, county, and 
        local plans in the development of the management plan and its 
        implementation;
            (3) include a description of actions that governments, 
        private organizations, and individuals have agreed to take to 
        protect the natural, historical and cultural resources of the 
        Heritage Area;
            (4) specify the existing and potential sources of funding 
        to protect, manage, and develop the Heritage Area in the first 
        5 years of implementation;
            (5) include an inventory of the natural, historical, 
        cultural, educational, scenic, and recreational resources of 
        the Heritage Area related to the themes of the Heritage Area 
        that should be preserved, restored, managed, developed, or 
        maintained;
            (6) describe a program of implementation for the management 
        plan including plans for resource protection, restoration, 
        construction, and specific commitments for implementation that 
        have been made by the management entity or any government, 
        organization, or individual for the first 5 years of 
        implementation; and
            (7) include an interpretive plan for the Heritage Area.
    (b) Deadline and Termination of Funding.--
            (1) Deadline.--The management entity shall submit the 
        management plan to the Secretary for approval within 3 years 
        after funds are made available for this title.
            (2) Termination of funding.--If the management plan is not 
        submitted to the Secretary in accordance with this subsection, 
        the management entity shall not qualify for Federal funding 
        under this title until such time as the management plan is 
        submitted to the Secretary.

SEC. 607. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--The Secretary may, upon 
the request of the management entity, provide technical assistance on a 
reimbursable or non-reimbursable basis and financial assistance to the 
Heritage Area to develop and implement the approved management plan. 
The Secretary is authorized to enter into cooperative agreements with 
the management entity and other public or private entities for this 
purpose. In assisting the Heritage Area, the Secretary shall give 
priority to actions that in general assist in--
            (1) conserving the significant natural, historical, 
        cultural, and scenic resources of the Heritage Area; and
            (2) providing educational, interpretive, and recreational 
        opportunities consistent with the purposes of the Heritage 
        Area.
    (b) Approval and Disapproval of Management Plan.--
            (1) In general.--The Secretary shall approve or disapprove 
        the management plan not later than 90 days after receiving the 
        management plan.
            (2) Criteria for approval.--In determining the approval of 
        the management plan, the Secretary shall consider whether--
                    (A) the management entity is representative of the 
                diverse interests of the Heritage Area including 
                governments, natural and historic resource protection 
                organizations, educational institutions, businesses, 
                and recreational organizations;
                    (B) the management entity has afforded adequate 
                opportunity, including public hearings, for public and 
                governmental involvement in the preparation of the 
                management plan;
                    (C) the resource protection and interpretation 
                strategies contained in the management plan, if 
                implemented, would adequately protect the natural, 
                historical, and cultural resources of the Heritage 
                Area; and
                    (D) the management plan is supported by the 
                appropriate State and local officials whose cooperation 
                is needed to ensure the effective implementation of the 
                State and local aspects of the management plan.
            (3) Action following disapproval.--If the Secretary 
        disapproves the management plan, the Secretary shall advise the 
        management entity in writing of the reasons therefore and shall 
        make recommendations for revisions to the management plan. The 
        Secretary shall approve or disapprove a proposed revision 
        within 60 days after the date it is submitted.
            (4) Approval of amendments.--Substantial amendments to the 
        management plan shall be reviewed by the Secretary and approved 
        in the same manner as provided for the original management 
        plan. The management entity shall not use Federal funds 
        authorized by this title to implement any amendments until the 
        Secretary has approved the amendments.

SEC. 608. DUTIES OF OTHER FEDERAL AGENCIES.

    Any Federal agency conducting or supporting activities directly 
affecting the Heritage Area shall--
            (1) consult with the Secretary and the management entity 
        with respect to such activities;
            (2) cooperate with the Secretary and the management entity 
        in carrying out their duties under this 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 which the management entity 
        determines will not have an adverse effect on the Heritage 
        Area.

SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved, conserved, or promoted by 
the management plan for the Heritage Area until the owner of that 
private property has been notified in writing by the management entity 
and has given written consent for such preservation, conservation, or 
promotion to the management entity.
    (b) Landowner Withdraw.--Any owner of private property included 
within the boundary of the Heritage Area shall have their property 
immediately removed from the boundary by submitting a written request 
to the management entity.

SEC. 610. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this title shall be 
construed to--
            (1) require any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to such private property; or
            (2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.
    (b) Liability.--Designation of the Heritage Area shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property.
    (c) Recognition of Authority To Control Land Use.--Nothing in this 
title shall be construed to modify the authority of Federal, State, or 
local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Area.--
Nothing in this title shall be construed to require the owner of any 
private property located within the boundaries of the Heritage Area to 
participate in or be associated with the Heritage Area.
    (e) Effect of Establishment.--The boundaries designated for the 
Heritage Area represent the area within which Federal funds 
appropriated for the purpose of this title may be expended. The 
establishment of the Heritage Area and its boundaries shall not be 
construed to provide any nonexisting regulatory authority on land use 
within the Heritage Area or its viewshed by the Secretary, the National 
Park Service, or the management entity.

SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated for the 
purposes of this title not more than $1,000,000 for any fiscal year. 
Not more than a total of $10,000,000 may be appropriated for the 
Heritage Area under this title.
    (b) Matching Funds.--Federal funding provided under this title may 
not exceed 50 percent of the total cost of any assistance or grant 
provided or authorized under this title.

SEC. 612. SUNSET.

    The authority of the Secretary to provide assistance under this 
title shall terminate on the day occurring 15 years after funds are 
first made available for this title.

              TITLE VII--OIL REGION NATIONAL HERITAGE AREA

SEC. 701. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This title may be cited as the ``Oil Region 
National Heritage Area Act''.
    (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 
        703(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. 702. 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. 703. 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 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.
    (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 705(b).

SEC. 704. COMPACT.

    To carry out the purposes of this title, 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.

SEC. 705. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

    (a) Authorities of the Management Entity.--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) 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;
            (7) lists any revisions to the boundaries of the Heritage 
        Area proposed by the management entity and requested by the 
        affected local government; and
            (8) 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 interpretive 
                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 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 this 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. 706. 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 705(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 705(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 705(b) that make 
substantial changes. Funds appropriated under this title may not be 
expended to implement such changes until the Secretary approves the 
amendments.
    (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.

SEC. 707. 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. 708. SUNSET.

    The Secretary may not make any grant or provide any assistance 
under this title after the expiration of the 15-year period beginning 
on the date that funds are first made available for this title.

SEC. 709. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved, conserved, or promoted by 
the management plan for the Heritage Area until the owner of that 
private property has been notified in writing by the management entity 
and has given written consent for such preservation, conservation, or 
promotion to the management entity.
    (b) Landowner Withdraw.--Any owner of private property included 
within the boundary of the Heritage Area shall have their property 
immediately removed from the boundary by submitting a written request 
to the management entity.

SEC. 710. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this title shall be 
construed to--
            (1) require any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to such private property; or
            (2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.
    (b) Liability.--Designation of the Heritage Area shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property.
    (c) Recognition of Authority To Control Land Use.--Nothing in this 
title shall be construed to modify the authority of Federal, State, or 
local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Area.--
Nothing in this title shall be construed to require the owner of any 
private property located within the boundaries of the Heritage Area to 
participate in or be associated with the Heritage Area.
    (e) Effect of Establishment.--The boundaries designated for the 
Heritage Area represent the area within which Federal funds 
appropriated for the purpose of this title may be expended. The 
establishment of the Heritage Area and its boundaries shall not be 
construed to provide any nonexisting regulatory authority on land use 
within the Heritage Area or its viewshed by the Secretary, the National 
Park Service, or the management entity.

SEC. 711. 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. 712. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title--
            (1) not more than $1,000,000 for any fiscal year; and
            (2) not more than a total of $10,000,000.
    (b) 50 Percent Match.--Financial assistance provided under this 
title may not be used to pay more than 50 percent of the total cost of 
any activity carried out with that assistance.

            Passed the House of Representatives November 18, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.