[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1820 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1820

To amend the Illinois and Michigan Canal National Heritage Corridor Act 
  of 1984 to help ensure the appropriate transition of the management 
        entity of the heritage corridor, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2005

  Mr. Weller (for himself and Mrs. Biggert) introduced the following 
         bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Illinois and Michigan Canal National Heritage Corridor Act 
  of 1984 to help ensure the appropriate transition of the management 
        entity of the heritage corridor, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Illinois and Michigan Canal National 
Heritage Corridor Act Amendments of 2005''.

SEC. 2. 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; and
            ``(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.

    ``(a) In General.--The Association shall not use Federal funds 
received under this title to acquire real property or an interest in 
real property.
    ``(b) Other Sources.--Nothing in this title precludes the 
Association from using Federal funds from other sources for authorized 
purposes.

``SEC. 123. MANAGEMENT PLAN.

    ``(a) Preparation of Management Plan.--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--
                    ``(A) identification of the geographic boundaries 
                of the corridor;
                    ``(B) a brief description and map of the corridor's 
                overall concept or vision that show key sites, visitor 
                facilities and attractions, and physical linkages;
                    ``(C) identification of overall goals and the 
                strategies and tasks intended to reach them, and a 
                realistic schedule for completing the tasks;
                    ``(D) a listing of the key resources and themes of 
                the corridor;
                    ``(E) identification of parties proposed to be 
                responsible for carrying out the tasks;
                    ``(F) a financial plan and other information on 
                costs and sources of funds;
                    ``(G) a description of the public participation 
                process used in developing the plan and a proposal for 
                public participation in the implementation of the 
                management plan;
                    ``(H) a mechanism and schedule for updating the 
                plan based on actual progress;
                    ``(I) a bibliography of documents used to develop 
                the management plan; and
                    ``(J) a discussion of any other relevant issues 
                relating to the management plan.
    ``(b) Disqualification From Funding.--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. 3. 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 2) 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. 4. 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.
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