[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 938 Referred in Senate (RFS)]

  1st Session
                                H. R. 938


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2005

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

_______________________________________________________________________

                                 AN ACT


 
To establish the Upper Housatonic Valley National Heritage Area in the 
  State of Connecticut and the Commonwealth of Massachusetts, 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. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.
        TITLE I--UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA

Sec. 101. Short title.
Sec. 102. Findings and purposes.
Sec. 103. Definitions.
Sec. 104. Upper Housatonic Valley National Heritage Area.
Sec. 105. Authorities, prohibitions, and duties of the management 
                            entity.
Sec. 106. Management plan.
Sec. 107. Duties and authorities of the Secretary.
Sec. 108. Duties of other Federal agencies.
Sec. 109. Requirements for inclusion of private property.
Sec. 110. Private property protection.
Sec. 111. Authorization of appropriations.
Sec. 112. Sunset.
 TITLE II--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT 
                               AMENDMENTS

Sec. 201. Short title.
Sec. 202. Transition and provisions for new management entity.
Sec. 203. Private property protection.
Sec. 204. Technical amendments.
           TITLE III--ST. CROIX NATIONAL HERITAGE AREA STUDY

Sec. 301. St. Croix National Heritage Area study.
          TITLE IV--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA

Sec. 401. Short title.
Sec. 402. Congressional findings.
Sec. 403. Definitions.
Sec. 404. Northern Rio Grande National Heritage Area.
Sec. 405. Authority and duties of the management entity.
Sec. 406. Duties of the Secretary.
Sec. 407. Private property protections; savings provisions.
Sec. 408. Sunset.
Sec. 409. Authorization of appropriations.

        TITLE I--UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA

SEC. 101. SHORT TITLE.

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

SEC. 102. 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. 103. DEFINITIONS.

    In this title:
            (1) Heritage area.--The term ``Heritage Area'' means the 
        Upper Housatonic Valley National Heritage Area, established in 
        section 104.
            (2) Management entity.--The term ``Management Entity'' 
        means the management entity for the Heritage Area designated by 
        section 104(d).
            (3) Management plan.--The term ``Management Plan'' means 
        the management plan for the Heritage Area specified in section 
        106.
            (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. 104. 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. 105. 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 106;
            (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. 106. 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. 107. 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. 108. 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. 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.--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. 112. SUNSET.

    The authority of the Secretary to provide assistance under this 
title shall terminate on the day occurring 15 years after the date of 
the enactment of this title.

 TITLE II--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT 
                               AMENDMENTS

SEC. 201. SHORT TITLE.

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

SEC. 202. 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 the date that is 15 years after the date of the 
enactment of this section.''.

SEC. 203. 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 202) 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. 204. 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 III--ST. CROIX NATIONAL HERITAGE AREA STUDY

SEC. 301. 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) reflects traditions, customs, beliefs, and folklife 
        that are a valuable part of the national story;
            (3) provides outstanding opportunities to conserve natural, 
        historic, cultural, or scenic features;
            (4) provides outstanding recreational and educational 
        opportunities;
            (5) contains resources important to the identified theme or 
        themes of the island of St. Croix that retain a degree of 
        integrity capable of supporting interpretation;
            (6) includes residents, business interests, nonprofit 
        organizations, and local and State governments that are 
        involved in the planning, have developed a conceptual financial 
        plan that outlines the roles of all participants (including the 
        Federal Government), and have demonstrated support for the 
        concept of a national heritage area;
            (7) has a potential 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
            (8) has a conceptual boundary map that is supported by the 
        public.
    (c) Report.--Not later than 3 fiscal years after the date on which 
funds are first made available for this section, the Secretary of the 
Interior shall submit to the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate a report on the findings, conclusions, and recommendations 
of the study.
    (d) 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.

          TITLE IV--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Northern Rio Grande National 
Heritage Area Act''.

SEC. 402. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) northern New Mexico encompasses a mosaic of cultures 
        and history, including 8 Pueblos and the descendants of Spanish 
        ancestors who settled in the area in 1598;
            (2) the combination of cultures, languages, folk arts, 
        customs, and architecture make northern New Mexico unique;
            (3) the area includes spectacular natural, scenic, and 
        recreational resources;
            (4) there is broad support from local governments and 
        interested individuals to establish a National Heritage Area to 
        coordinate and assist in the preservation and interpretation of 
        these resources;
            (5) in 1991, the National Park Service study Alternative 
        Concepts for Commemorating Spanish Colonization identified 
        several alternatives consistent with the establishment of a 
        National Heritage Area, including conducting a comprehensive 
        archaeological and historical research program, coordinating a 
        comprehensive interpretation program, and interpreting a 
        cultural heritage scene; and
            (6) establishment of a National Heritage Area in northern 
        New Mexico would assist local communities and residents in 
        preserving these unique cultural, historical and natural 
        resources.

SEC. 403. DEFINITIONS.

    As used in this title--
            (1) the term ``heritage area'' means the Northern Rio 
        Grande Heritage Area; and
            (2) the term ``Secretary'' means the Secretary of the 
        Interior.

SEC. 404. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.

    (a) Establishment.--There is hereby established the Northern Rio 
Grande National Heritage Area in the State of New Mexico.
    (b) Boundaries.--The heritage area shall include the counties of 
Santa Fe, Rio Arriba, and Taos.
    (c) Management Entity.--
            (1) The Northern Rio Grande National Heritage Area, Inc., a 
        non-profit corporation chartered in the State of New Mexico, 
        shall serve as the management entity for the heritage area.
            (2) The Board of Directors for the management entity shall 
        include representatives of the State of New Mexico, the 
        counties of Santa Fe, Rio Arriba and Taos, tribes and pueblos 
        within the heritage area, the cities of Santa Fe, Espanola and 
        Taos, and members of the general public. The total number of 
        Board members and the number of Directors representing State, 
        local and tribal governments and interested communities shall 
        be established to ensure that all parties have appropriate 
        representation on the Board.

SEC. 405. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.

    (a) Management Plan.--
            (1) Not later than 3 years after the date of enactment of 
        this Act, the management entity shall develop and forward to 
        the Secretary a management plan for the heritage area.
            (2) The management entity shall develop and implement the 
        management plan in cooperation with affected communities, 
        tribal and local governments and shall provide for public 
        involvement in the development and implementation of the 
        management plan.
            (3) The management plan shall, at a minimum--
                    (A) provide recommendations for the conservation, 
                funding, management, and development of the resources 
                of the heritage area;
                    (B) identify sources of funding;
                    (C) include an inventory of the cultural, 
                historical, archaeological, natural, and recreational 
                resources of the heritage area;
                    (D) provide recommendations for educational and 
                interpretive programs to inform the public about the 
                resources of the heritage area; and
                    (E) include an analysis of ways in which local, 
                State, Federal, and tribal programs may best be 
                coordinated to promote the purposes of this title.
            (4) If the management entity fails to submit a management 
        plan to the secretary as provided in paragraph (1), the 
        heritage area shall no longer be eligible to receive Federal 
        funding under this title until such time as a plan is submitted 
        to the Secretary.
            (5) The Secretary shall approve or disapprove the 
        management plan within 90 days after the date of submission. If 
        the Secretary disapproves the management plan, the Secretary 
        shall advise the management entity in writing of the reasons 
        therefore and shall make recommendations for revisions to the 
        plan.
            (6) The management entity shall periodically review the 
        management plan and submit to the Secretary any recommendations 
        for proposed revisions to the management plan. Any major 
        revisions to the management plan must be approved by the 
        Secretary.
    (b) Authority.--The management entity may make grants and provide 
technical assistance to tribal and local governments, and other public 
and private entities to carry out the management plan.
    (c) Duties.--The management entity shall--
            (1) give priority in implementing actions set forth in the 
        management plan;
            (2) encourage by appropriate means economic viability in 
        the heritage area consistent with the goals of the management 
        plan; and
            (3) assist local and tribal governments and non-profit 
        organizations in--
                    (A) establishing and maintaining interpretive 
                exhibits in the heritage area;
                    (B) developing recreational resources in the 
                heritage area;
                    (C) increasing public awareness of, and 
                appreciation for, the cultural, historical, 
                archaeological and natural resources and sits in the 
                heritage area;
                    (D) the restoration of historic structures related 
                to the heritage area; and
                    (E) carrying out other actions that the management 
                entity determines appropriate to fulfill the purposes 
                of this title, consistent with the management plan.
    (d) Prohibition on Acquiring Real Property.--The management entity 
may not use Federal funds received under this title to acquire real 
property or an interest in real property.
    (e) Public Meetings.--The management entity shall hold public 
meetings at least annually regarding the implementation of the 
management plan.
    (f) Annual Reports and Audits.--
            (1) For any year in which the management entity receives 
        Federal funds under this title, the management entity shall 
        submit an annual report to the Secretary setting forth 
        accomplishments, expenses and income, and each entity to which 
        any grant was made by the management entity.
            (2) The management entity shall make available to the 
        Secretary for audit all records relating to the expenditure of 
        Federal funds and any matching funds. The management entity 
        shall also require, for all agreements authorizing expenditure 
        of Federal funds by other organizations, that the receiving 
        organization make available to the Secretary for audit all 
        records concerning the expenditure of those funds.

SEC. 406. DUTIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--The Secretary may, upon 
request of the management entity, provide technical and financial 
assistance to develop and implement the management plan.
    (b) Priority.--In providing assistance under subsection (a), the 
Secretary shall give priority to actions that facilitate--
            (1) the conservation of the significant natural, cultural, 
        historical, archaeological, scenic, and recreational resources 
        of the heritage area; and
            (2) the provision of educational, interpretive, and 
        recreational opportunities consistent with the resources and 
        associated values of the heritage area.

SEC. 407. PRIVATE PROPERTY PROTECTIONS; SAVINGS PROVISIONS.

    (a) Private Property Protection.--
            (1) Notification and consent of property owners required.--
        No privately owned property shall be preserved, conserved, or 
        promoted by the management plan for the Heritage Area until the 
        owner of that private property has been notified in writing by 
        the management entity and has given written consent for such 
        preservation, conservation or promotion to the management 
        entity.
            (2) Landowner withdrawal.--Any owner of private property 
        included within the boundary of the heritage area, shall have 
        their property immediately removed from within the boundary by 
        submitting a written request to the management entity.
            (3) Access to private property.--Nothing in this title 
        shall be construed to require any private property owner to 
        permit public access (including Federal, State, or local 
        government access) to such private property. Nothing in this 
        title shall be construed to modify any provision of Federal, 
        State, or local law with regard to public access to or use of 
        private lands.
            (4) Liability.--Designation of the heritage area shall not 
        be considered to create any liability, or to have any effect on 
        any liability under any other law, of any private property 
        owner with respect to any persons injured on such private 
        property.
            (5) Recognition of authority to control land use.--Nothing 
        in this title shall be construed to modify any authority of 
        Federal, State, or local governments to regulate land use.
            (6) Participation of private property owners in heritage 
        area.--Nothing in this 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.
    (b) Effect of Establishment.--The boundaries designated for the 
heritage area represent the area within which Federal funds 
appropriated for the purpose of this title shall be expended. The 
establishment of the heritage area and its boundaries shall not be 
construed to provide any nonexisting regulatory authority on land use 
within the heritage area or its viewshed by the Secretary, the National 
Park Service, or the management entity.
    (c) Tribal Lands.--Nothing in this title shall restrict or limit a 
tribe from protecting cultural or religious sites on tribal lands.
    (d) Trust Responsibilities.--Nothing in this title shall diminish 
the Federal Government's trust responsibilities or government-to-
government obligations to any federally recognized Indian tribe.

SEC. 408. SUNSET.

    The authority of the Secretary to provide assistance under this 
title terminates on the date that is 15 years after the date of 
enactment of this Act.

SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title $10,000,000, of which not more than $1,000,000 may be 
authorized to be appropriated for any fiscal year.
    (b) Cost-Sharing Requirement.--The Federal share of the total cost 
of any activity assisted under this title shall be not more than 50 
percent.

            Passed the House of Representatives May 16, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.