[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4492 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 658
108th CONGRESS
  2d Session
                                H. R. 4492


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2004

                    Received and read the first time

                             July 21, 2004

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
 To amend the Omnibus Parks and Public Lands Management Act of 1996 to 
 extend the authorization for 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--EXTENSIONS

SECTION 101. AUTHORIZATION AND APPROPRIATION EXTENSIONS.

    Division II of the Omnibus Parks and Public Lands Management Act of 
1996 (Public Law 104-333; 16 U.S.C. 461 note) is amended--
            (1) in each of sections 107, 208, 408, 507, 811, and 910, 
        by striking ``September 30, 2012'' and inserting ``September 
        30, 2027'';
            (2) in each of sections 108(a), 209(a), 409(a), 508(a), 
        812(a), and 909(c), by striking ``$10,000,000'' and inserting 
        ``$20,000,000''; and
            (3) in title VIII, by striking ``Canal National Heritage 
        Corridor'' each place it appears in the section headings and 
        text and inserting ``National Heritage Canalway''.

               TITLE II--NATIONAL AVIATION HERITAGE AREA

SEC. 201. SHORT TITLE.

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

SEC. 202. 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. 203. 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. 204. 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) 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. 205. 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. 206. 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. 207. 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. 208. 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. 209. 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. 210. 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. 211. 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. 212. 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.

SEC. 213. STUDY REGARDING INCORPORATION OF WRIGHT COMPANY FACTORY AS A 
              UNIT OF DAYTON AVIATION HERITAGE NATIONAL HISTORICAL 
              PARK.

    (a) Study Required.--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, including 
detailing management and development options and costs for each 
alternative.
    (b) 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.
    (c) Report.--Not later than three 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--NATIONAL COAL HERITAGE AREA

SEC. 301. NATIONAL COAL HERITAGE AREA.

    (a) National Coal Heritage Area Authority; Boundary Revision.--
Title I of division II of the Omnibus Parks and Public Lands Management 
Act of 1996 (Public Law 104-333; 16 U.S.C. 461 note) is amended as 
follows:
            (1) In section 103(b), by inserting ``(1)'' before ``the 
        counties'' and by inserting the following before the period: 
        ``; (2) Lincoln County, West Virginia; and (3) Paint Creek and 
        Cabin Creek in Kanawha County, West Virginia''.
            (2) In section 104, by striking ``Governor'' and all that 
        follows through ``organizations'' in the matter preceding 
        paragraph (1) and inserting ``National Coal Heritage Area 
        Authority, a public corporation and government instrumentality 
        established by the State of West Virginia, pursuant to which 
        the Secretary shall assist the National Coal Heritage Area 
        Authority''.
            (3) In section 105--
                    (A) by striking ``paragraph (2) of''; and
                    (B) by adding at the end the following new 
                sentence: ``Resources within Lincoln County, West 
                Virginia, and Paint Creek and Cabin Creek within 
                Kanawha County, West Virginia, shall also be eligible 
                for assistance as determined by the National Coal 
                Heritage Area Authority.''.
            (4) In section 106(a)--
                    (A) by striking ``Governor'' and all that follows 
                through ``and Parks'' and inserting ``National Coal 
                Heritage Area Authority''; and
                    (B) in paragraph (3), by striking ``State of West 
                Virginia'' and all that follows through ``entities'' 
                and inserting ``National Coal Heritage Area 
                Authority''.
    (b) Agreement Continuing in Effect.--The contractual agreement 
entered into by the Secretary of the Interior and the Governor of West 
Virginia prior to the date of the enactment of this Act pursuant to 
section 104 of title I of division II of the Omnibus Parks and Public 
Lands Management Act of 1996 (16 U.S.C. 461 note) shall be deemed as 
continuing in effect, except that such agreement shall be between the 
Secretary and the National Coal Heritage Area Authority.

          TITLE IV--COASTAL HERITAGE TRAIL ROUTE IN NEW JERSEY

SEC. 401. REAUTHORIZATION OF APPROPRIATIONS FOR COASTAL HERITAGE TRAIL 
              ROUTE IN NEW JERSEY.

    (a) Reauthorization.--Section 6 of Public Law 100-515 (16 U.S.C. 
1244 note) is amended--
            (1) in subsection (b)(1), by striking ``$4,000,000'' and 
        all that follows and inserting ``such sums as may be 
        necessary.''; and
            (2) in subsection (c), by striking ``10'' and inserting 
        ``12''.
    (b) Strategic Plan.--
            (1) In general.--The Secretary of the Interior shall, by 
        not later than 2 years after the date of the enactment of this 
        Act, prepare a strategic plan for the New Jersey Coastal 
        Heritage Trail Route.
            (2) Contents.--The strategic plan shall describe--
                    (A) opportunities to increase participation by 
                national and local private and public interests in 
                planning, development, and administration of the New 
                Jersey Coastal Heritage Trail Route; and
                    (B) organizational options for sustaining the New 
                Jersey Coastal Heritage Trail Route.

    TITLE V--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Illinois and Michigan Canal 
National Heritage Corridor Act Amendments of 2004''.

SEC. 502. TRANSITION AND PROVISIONS FOR NEW MANAGEMENT ENTITY.

    The Illinois and Michigan Canal National Heritage Corridor Act of 
1984 (Public Law 98-398; 16 U.S.C. 461 note) is amended as follows:
            (1) In section 103--
                    (A) in paragraph (8), by striking ``and'';
                    (B) in paragraph (9), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(10) the term `Association' means the Canal Corridor 
        Association (an organization described under section 501(c)(3) 
        of the Internal Revenue Code of 1986 and exempt from taxation 
        under section 501(a) of such Code).''.
            (2) By adding at the end of section 112 the following new 
        paragraph:
            ``(7) The Secretary shall enter into a memorandum of 
        understanding with the Association to help ensure appropriate 
        transition of the management entity to the Association and 
        coordination with the Association regarding that role.''.
            (3) By adding at the end the following new sections:

``SEC. 119. ASSOCIATION AS MANAGEMENT ENTITY.

    ``Upon the termination of the Commission, the management entity for 
the corridor shall be the Association.

``SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION.

    ``For purposes of preparing and implementing the management plan 
developed under section 121, the Association may use Federal funds made 
available under this title--
            ``(1) to make loans and grants to, and enter into 
        cooperative agreements with, States and their political 
        subdivisions, private organizations, or any person;
            ``(2) to hire, train, and compensate staff; and
            ``(3) to enter into contracts for goods and services.

``SEC. 121. DUTIES OF THE ASSOCIATION.

    ``The Association shall--
            ``(1) develop and submit to the Secretary for approval 
        under section 123 a proposed management plan for the corridor 
        not later than 2 years after Federal funds are made available 
        for this purpose;
            ``(2) give priority to implementing actions set forth in 
        the management plan, including taking steps to assist units of 
        local government, regional planning organizations, and other 
        organizations--
                    ``(A) in preserving the corridor;
                    ``(B) in establishing and maintaining interpretive 
                exhibits in the corridor;
                    ``(C) in developing recreational resources in the 
                corridor;
                    ``(D) in increasing public awareness of and 
                appreciation for the natural, historical, and 
                architectural resources and sites in the corridor; and
                    ``(E) in facilitating the restoration of any 
                historic building relating to the themes of the 
                corridor;
            ``(3) encourage by appropriate means economic viability in 
        the corridor consistent with the goals of the management plan;
            ``(4) consider the interests of diverse governmental, 
        business, and other groups within the corridor;
            ``(5) conduct public meetings at least quarterly regarding 
        the implementation of the management plan;
            ``(6) submit substantial changes (including any increase of 
        more than 20 percent in the cost estimates for implementation) 
        to the management plan to the Secretary;
            ``(7) for any year in which Federal funds have been 
        received under this title--
                    ``(A) submit an annual report to the Secretary 
                setting forth the Association's accomplishments, 
                expenses and income, and the identity of each entity to 
                which any loans and grants were made during the year 
                for which the report is made;
                    ``(B) make available for audit all records 
                pertaining to the expenditure of such funds and any 
                matching funds; and
                    ``(C) require, for all agreements authorizing 
                expenditure of Federal funds by other organizations, 
                that the receiving organizations make available for 
                audit all records pertaining to the expenditure of such 
                funds.

``SEC. 122. USE OF FEDERAL FUNDS.

            ``(1) In general.--The Association 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 
        Association from using Federal funds from other sources for 
        authorized purposes.

``SEC. 123. MANAGEMENT PLAN.

    ``(a) Preparation of Management Plan.--Not later than 2 years after 
the date that Federal funds are made available for this purpose, the 
Association shall submit to the Secretary for approval a proposed 
management plan that shall--
            ``(1) take into consideration State and local plans and 
        involve residents, local governments and public agencies, and 
        private organizations in the corridor;
            ``(2) present comprehensive recommendations for the 
        corridor's conservation, funding, management, and development;
            ``(3) include actions proposed to be undertaken by units of 
        government and nongovernmental and private organizations to 
        protect the resources of the corridor;
            ``(4) specify the existing and potential sources of funding 
        to protect, manage, and develop the corridor; and
            ``(5) include the following:
                    ``(A) Identification of the geographic boundaries 
                of the corridor.
                    ``(B) A brief description and map of the corridor's 
                overall concept or vision that show key sites, visitor 
                facilities and attractions, and physical linkages.
                    ``(C) Identification of overall goals and the 
                strategies and tasks intended to reach them, and a 
                realistic schedule for completing the tasks.
                    ``(D) A listing of the key resources and themes of 
                the corridor.
                    ``(E) Identification of parties proposed to be 
                responsible for carrying out the tasks.
                    ``(F) A financial plan and other information on 
                costs and sources of funds.
                    ``(G) A description of the public participation 
                process used in developing the plan and a proposal for 
                public participation in the implementation of the 
                management plan.
                    ``(H) A mechanism and schedule for updating the 
                plan based on actual progress.
                    ``(I) A bibliography of documents used to develop 
                the management plan.
                    ``(J) A discussion of any other relevant issues 
                relating to the management plan.
    ``(b) Disqualification From Funding.--If a proposed management plan 
is not submitted to the Secretary within 2 years after the date that 
Federal funds are made available for this purpose, the Association 
shall be ineligible to receive additional funds under this title until 
the Secretary receives a proposed management plan from the Association.
    ``(c) Approval of Management Plan.--The Secretary shall approve or 
disapprove a proposed management plan submitted under this title not 
later than 180 days after receiving such proposed management plan. If 
action is not taken by the Secretary within the time period specified 
in the preceding sentence, the management plan shall be deemed 
approved. The Secretary shall consult with the local entities 
representing the diverse interests of the corridor including 
governments, natural and historic resource protection organizations, 
educational institutions, businesses, recreational organizations, 
community residents, and private property owners prior to approving the 
management plan. The Association shall conduct semi-annual public 
meetings, workshops, and hearings to provide adequate opportunity for 
the public and local and governmental entities to review and to aid in 
the preparation and implementation of the management plan.
    ``(d) Effect of Approval.--Upon the approval of the management plan 
as provided in subsection (c), the management plan shall supersede the 
conceptual plan contained in the National Park Service report.
    ``(e) Action Following Disapproval.--If the Secretary disapproves a 
proposed management plan within the time period specified in subsection 
(c), the Secretary shall advise the Association in writing of the 
reasons for the disapproval and shall make recommendations for 
revisions to the proposed management plan.
    ``(f) Approval of Amendments.--The Secretary shall review and 
approve all substantial amendments (including any increase of more than 
20 percent in the cost estimates for implementation) to the management 
plan. Funds made available under this title may not be expended to 
implement any changes made by a substantial amendment until the 
Secretary approves that substantial amendment.

``SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

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

``SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 126. SUNSET.

    ``The authority of the Secretary to provide assistance under this 
title terminates on September 30, 2027.''.

SEC. 503. PRIVATE PROPERTY PROTECTION.

    The Illinois and Michigan Canal National Heritage Corridor Act of 
1984 is further amended by adding after section 126 (as added by 
section 502 of this title) the following new sections:

``SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    ``(a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved, conserved, or promoted by 
the management plan for the corridor until the owner of that private 
property has been notified in writing by the Association and has given 
written consent for such preservation, conservation, or promotion to 
the Association.
    ``(b) Landowner Withdraw.--Any owner of private property included 
within the boundary of the corridor, and not notified under subsection 
(a), shall have their property immediately removed from the boundary of 
the corridor by submitting a written request to the Association.

``SEC. 128. PRIVATE PROPERTY PROTECTION.

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

SEC. 504. TECHNICAL AMENDMENTS.

    Section 116 of Illinois and Michigan Canal National Heritage 
Corridor Act of 1984 is amended--
            (1) by striking subsection (b); and
            (2) in subsection (a)--
                    (A) by striking ``(a)'' and all that follows 
                through ``For each'' and inserting ``(a) For each'';
                    (B) by striking ``Commission'' and inserting 
                ``Association'';
                    (C) by striking ``Commission's'' and inserting 
                ``Association's'';
                    (D) by redesignating paragraph (2) as subsection 
                (b); and
                    (E) by redesignating subparagraphs (A) and (B) as 
                paragraphs (1) and (2), respectively.

              TITLE VI--OIL REGION NATIONAL HERITAGE AREA

SEC. 601. 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 
        603(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. 602. 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. 603. 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 605(b).

SEC. 604. 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. 605. 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. 606. 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 605(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 605(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 605(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. 607. 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. 608. 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. 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. 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. 612. 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 July 19, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.




                                                       Calendar No. 658

108th CONGRESS

  2d Session

                               H. R. 4492

_______________________________________________________________________

                                 AN ACT

 To amend the Omnibus Parks and Public Lands Management Act of 1996 to 
 extend the authorization for certain national heritage areas, and for 
                            other purposes.

_______________________________________________________________________

                             July 21, 2004

            Read the second time and placed on the calendar