[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 203 Enrolled Bill (ENR)]
S.203
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To reduce temporarily the royalty required to be paid for sodium
produced, to establish certain National Heritage Areas, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Heritage
Areas Act of 2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SODA ASH ROYALTY REDUCTION
Sec. 101. Short title.
Sec. 102. Reduction in royalty rate on soda ash.
Sec. 103. Study.
TITLE II--ESTABLISHMENT OF NATIONAL HERITAGE AREAS
Subtitle A--Northern Rio Grande National Heritage Area
Sec. 201. Short title.
Sec. 202. Congressional findings.
Sec. 203. Definitions.
Sec. 204. Northern Rio Grande National Heritage Area.
Sec. 205. Authority and duties of the Management Entity.
Sec. 206. Duties of the Secretary.
Sec. 207. Private property protections; savings provisions.
Sec. 208. Sunset.
Sec. 209. Authorization of appropriations.
Subtitle B--Atchafalaya National Heritage Area
Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Atchafalaya National Heritage Area.
Sec. 214. Authorities and duties of the local coordinating entity.
Sec. 215. Management Plan.
Sec. 216. Requirements for inclusion of private property.
Sec. 217. Private property protection.
Sec. 218. Effect of subtitle.
Sec. 219. Reports.
Sec. 220. Authorization of appropriations.
Sec. 221. Termination of authority.
Subtitle C--Arabia Mountain National Heritage Area
Sec. 231. Short title.
Sec. 232. Findings and purposes.
Sec. 233. Definitions.
Sec. 234. Arabia Mountain National Heritage Area.
Sec. 235. Authorities and duties of the local coordinating entity.
Sec. 236. Management Plan.
Sec. 237. Technical and financial assistance.
Sec. 238. Effect on certain authority.
Sec. 239. Authorization of appropriations.
Sec. 240. Termination of authority.
Sec. 241. Requirements for inclusion of private property.
Sec. 242. Private property protection.
Subtitle D--Mormon Pioneer National Heritage Area
Sec. 251. Short title.
Sec. 252. Findings and purpose.
Sec. 253. Definitions.
Sec. 254. Mormon Pioneer National Heritage Area.
Sec. 255. Designation of Alliance as local coordinating entity.
Sec. 256. Management of the Heritage Area.
Sec. 257. Duties and authorities of Federal agencies.
Sec. 258A. Requirements for inclusion of private property.
Sec. 258B. Private property protection.
Sec. 259. Authorization of appropriations.
Sec. 260. Termination of authority.
Subtitle E--Freedom's Frontier National Heritage Area
Sec. 261. Short title.
Sec. 262. Purpose.
Sec. 263. Definitions.
Sec. 264. Freedom's Frontier National Heritage Area.
Sec. 265. Technical and financial assistance; other Federal agencies.
Sec. 266. Private property protection.
Sec. 267. Savings provisions.
Sec. 268. Authorization of appropriations.
Sec. 269. Termination of authority.
Subtitle F--Upper Housatonic Valley National Heritage Area
Sec. 271. Short title.
Sec. 272. Findings and purposes.
Sec. 273. Definitions.
Sec. 274. Upper Housatonic Valley National Heritage Area.
Sec. 275. Authorities, prohibitions, and duties of the Management
Entity.
Sec. 276. Management Plan.
Sec. 277. Duties and authorities of the Secretary.
Sec. 278. Duties of other Federal agencies.
Sec. 279. Requirements for inclusion of private property.
Sec. 280. Private property protection.
Sec. 280A. Authorization of appropriations.
Sec. 280B. Sunset.
Subtitle G--Champlain Valley National Heritage Partnership
Sec. 281. Short title.
Sec. 282. Findings and purposes.
Sec. 283. Definitions.
Sec. 284. Heritage Partnership.
Sec. 285. Requirements for inclusion of private property.
Sec. 286. Private property protection.
Sec. 287. Effect.
Sec. 288. Authorization of appropriations.
Sec. 289. Termination of authority.
Subtitle H--Great Basin National Heritage Route
Sec. 291. Short title.
Sec. 291A. Findings and purposes.
Sec. 291B. Definitions.
Sec. 291C. Great Basin National Heritage Route.
Sec. 291D. Memorandum of understanding.
Sec. 291E. Management Plan.
Sec. 291F. Authority and duties of local coordinating entity.
Sec. 291G. Duties and authorities of Federal agencies.
Sec. 291H. Land use regulation; applicability of Federal law.
Sec. 291I. Authorization of appropriations.
Sec. 291J. Termination of authority.
Sec. 291K. Requirements for inclusion of private property.
Sec. 291L. Private property protection.
Subtitle I--Gullah/Geechee Heritage Corridor
Sec. 295. Short title.
Sec. 295A. Purposes.
Sec. 295B. Definitions.
Sec. 295C. Gullah/Geechee Cultural Heritage Corridor.
Sec. 295D. Gullah/Geechee Cultural Heritage Corridor Commission.
Sec. 295E. Operation of the local coordinating entity.
Sec. 295F. Management Plan.
Sec. 295G. Technical and financial assistance.
Sec. 295H. Duties of other Federal agencies.
Sec. 295I. Coastal Heritage Centers.
Sec. 295J. Private property protection.
Sec. 295K. Authorization of appropriations.
Sec. 295L. Termination of authority.
Subtitle J--Crossroads of the American Revolution National Heritage Area
Sec. 297. Short title.
Sec. 297A. Findings and purposes.
Sec. 297B. Definitions.
Sec. 297C. Crossroads of the American Revolution National Heritage Area.
Sec. 297D. Management Plan.
Sec. 297E. Authorities, duties, and prohibitions applicable to the local
coordinating entity.
Sec. 297F. Technical and financial assistance; other Federal agencies.
Sec. 297G. Authorization of appropriations.
Sec. 297H. Termination of authority.
Sec. 297I. Requirements for inclusion of private property.
Sec. 297J. Private property protection.
TITLE III--NATIONAL HERITAGE AREA STUDIES
Subtitle A--Western Reserve Heritage Area Study
Sec. 301. Short title.
Sec. 302. National Park Service study regarding the Western Reserve,
Ohio.
Subtitle B--St. Croix National Heritage Area Study
Sec. 311. Short title.
Sec. 312. Study.
Subtitle C--Southern Campaign of the Revolution
Sec. 321. Short title.
Sec. 322. Southern Campaign of the Revolution Heritage Area study.
Sec. 323. Private property.
TITLE IV--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT
AMENDMENTS
Sec. 401. Short title.
Sec. 402. Transition and provisions for new local coordinating entity.
Sec. 403. Private property protection.
Sec. 404. Technical amendments.
TITLE V--MOKELUMNE RIVER FEASIBILITY STUDY
Sec. 501. Authorization of Mokelumne River Regional Water Storage and
Conjunctive Use Project Study.
Sec. 502. Use of reports and other information.
Sec. 503. Cost shares.
Sec. 504. Water rights.
Sec. 505. Authorization of appropriations.
TITLE VI--DELAWARE NATIONAL COASTAL SPECIAL RESOURCES STUDY
Sec. 601. Short title.
Sec. 602. Study.
Sec. 603. Themes.
Sec. 604. Report.
TITLE VII--JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR REAUTHORIZATION
Sec. 701. Short title.
Sec. 702. John H. Chafee Blackstone River Valley National Heritage
Corridor.
Sec. 703. New Jersey Coastal Heritage Trail Route.
TITLE VIII--CALIFORNIA RECLAMATION GROUNDWATER REMEDIATION INITIATIVE
Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. California basins remediation.
Sec. 804. Sunset of authority.
TITLE IX--NATIONAL COAL HERITAGE AREA
Sec. 901. National Coal Heritage Area amendments.
TITLE I--SODA ASH ROYALTY REDUCTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Soda Ash Royalty Reduction Act of
2006''.
SEC. 102. REDUCTION IN ROYALTY RATE ON SODA ASH.
Notwithstanding section 102(a)(9) of the Federal Land Policy
Management Act of 1976 (43 U.S.C. 1701(a)(9)), section 24 of the
Mineral Leasing Act (30 U.S.C. 262), and the terms of any lease under
that Act, the royalty rate on the quantity or gross value of the output
of sodium compounds and related products at the point of shipment to
market from Federal land in the 5-year period beginning on the date of
enactment of this Act shall be 2 percent.
SEC. 103. STUDY.
After the end of the 4-year period beginning on the date of
enactment of this Act, and before the end of the 5-year period
beginning on that date, the Secretary of the Interior shall report to
Congress on the effects of the royalty reduction under this title,
including--
(1) the amount of sodium compounds and related products at the
point of shipment to market from Federal land during that 4-year
period;
(2) the number of jobs that have been created or maintained
during the royalty reduction period;
(3) the total amount of royalty paid to the United States on
the quantity or gross value of the output of sodium compounds and
related products at the point of shipment to market produced during
that 4-year period, and the portion of such royalty paid to States;
and
(4) a recommendation of whether the reduced royalty rate should
apply after the end of the 5-year period beginning on the date of
enactment of this Act.
TITLE II--ESTABLISHMENT OF NATIONAL HERITAGE AREAS
Subtitle A--Northern Rio Grande National Heritage Area
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Northern Rio Grande National
Heritage Area Act''.
SEC. 202. 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. 203. DEFINITIONS.
As used in this subtitle--
(1) the term ``heritage area'' means the Northern Rio Grande
Heritage Area; and
(2) the term ``Secretary'' means the Secretary of the Interior.
SEC. 204. 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. 205. 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 subtitle.
(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
subtitle 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
subtitle, consistent with the management plan.
(d) Prohibition on Acquiring Real Property.--The management entity
may not use Federal funds received under this subtitle 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 subtitle, 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. 206. 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. 207. 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 subtitle 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 subtitle 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 subtitle 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 subtitle 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 subtitle 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 subtitle shall restrict or limit
a tribe from protecting cultural or religious sites on tribal lands.
(d) Trust Responsibilities.--Nothing in this subtitle shall
diminish the Federal Government's trust responsibilities or government-
to-government obligations to any federally recognized Indian tribe.
SEC. 208. SUNSET.
The authority of the Secretary to provide assistance under this
subtitle terminates on the date that is 15 years after the date of
enactment of this Act.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this subtitle $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 subtitle shall be not more than 50
percent.
Subtitle B--Atchafalaya National Heritage Area
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Atchafalaya National Heritage
Area Act''.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) Heritage area.--The term ``Heritage Area'' means the
Atchafalaya National Heritage Area established by section 213(a).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the local coordinating entity for the Heritage Area
designated by section 213(c).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area developed under section 215.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means the State of Louisiana.
SEC. 213. ATCHAFALAYA NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the
Atchafalaya National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the whole of
the following parishes in the State: St. Mary, Iberia, St. Martin, St.
Landry, Avoyelles, Pointe Coupee, Iberville, Assumption, Terrebonne,
Lafayette, West Baton Rouge, Concordia, East Baton Rouge, and Ascension
Parish.
(c) Local Coordinating Entity.--
(1) In general.--The Atchafalaya Trace Commission shall be the
local coordinating entity for the Heritage Area.
(2) Composition.--The local coordinating entity shall be
composed of 14 members appointed by the governing authority of each
parish within the Heritage Area.
SEC. 214. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.
(a) Authorities.--For the purposes of developing and implementing
the management plan and otherwise carrying out this subtitle, the local
coordinating entity may--
(1) make grants to, and enter into cooperative agreements with,
the State, units of local government, and private organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--The local coordinating entity shall--
(1) submit to the Secretary for approval a management plan;
(2) implement the management plan, including providing
assistance to units of government and others in--
(A) carrying out programs that recognize important resource
values within the Heritage Area;
(B) encouraging sustainable economic development within the
Heritage Area;
(C) establishing and maintaining interpretive sites within
the Heritage Area; and
(D) increasing public awareness of, and appreciation for
the natural, historic, and cultural resources of, the Heritage
Area;
(3) adopt bylaws governing the conduct of the local
coordinating entity; and
(4) for any year for which Federal funds are received under
this subtitle, submit to the Secretary a report that describes, for
the year--
(A) the accomplishments of the local coordinating entity;
and
(B) the expenses and income of the local coordinating
entity.
(c) Acquisition of Real Property.--The local coordinating entity
shall not use Federal funds received under this subtitle to acquire
real property or an interest in real property.
(d) Public Meetings.--The local coordinating entity shall conduct
public meetings at least quarterly.
SEC. 215. MANAGEMENT PLAN.
(a) In General.--The local coordinating entity shall develop a
management plan for the Heritage Area that incorporates an integrated
and cooperative approach to protect, interpret, and enhance the
natural, scenic, cultural, historic, and recreational resources of the
Heritage Area.
(b) Consideration of Other Plans and Actions.--In developing the
management plan, the local coordinating entity shall--
(1) take into consideration State and local plans; and
(2) invite the participation of residents, public agencies, and
private organizations in the Heritage Area.
(c) Contents.--The management plan shall include--
(1) an inventory of the resources in the Heritage Area,
including--
(A) a list of property in the Heritage Area that--
(i) relates to the purposes of the Heritage Area; and
(ii) should be preserved, restored, managed, or
maintained because of the significance of the property; and
(B) an assessment of cultural landscapes within the
Heritage Area;
(2) provisions for the protection, interpretation, and
enjoyment of the resources of the Heritage Area consistent with
this subtitle;
(3) an interpretation plan for the Heritage Area; and
(4) a program for implementation of the management plan that
includes--
(A) actions to be carried out by units of government,
private organizations, and public-private partnerships to
protect the resources of the Heritage Area; and
(B) the identification of existing and potential sources of
funding for implementing the plan.
(d) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date on which
funds are made available to carry out this subtitle, the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(2) Effect of failure to submit.--If a management plan is not
submitted to the Secretary by the date specified in paragraph (1),
the Secretary shall not provide any additional funding under this
subtitle until a management plan for the Heritage Area is submitted
to the Secretary.
(e) Approval.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (d)(1), the Secretary,
in consultation with the State, shall approve or disapprove the
management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a management
plan under paragraph (1), the Secretary shall--
(i) advise the local coordinating entity in writing of
the reasons for the disapproval;
(ii) make recommendations for revisions to the
management plan; and
(iii) allow the local coordinating entity to submit to
the Secretary revisions to the management plan.
(B) Deadline for approval of revision.--Not later than 90
days after the date on which a revision is submitted under
subparagraph (A)(iii), the Secretary shall approve or
disapprove the revision.
(f) Revision.--
(1) In general.--After approval by the Secretary of a
management plan, the local coordinating entity shall periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and approval by the
Secretary, the recommendations of the local coordinating entity
for any revisions to the management plan that the local
coordinating entity considers to be appropriate.
(2) Expenditure of funds.--No funds made available under this
subtitle shall be used to implement any revision proposed by the
local coordinating entity under paragraph (1)(B) until the
Secretary approves the revision.
SEC. 216. 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 local coordinating
entity and has given written consent to the local coordinating entity
for such preservation, conservation, or promotion.
(b) Landowner Withdrawal.--Any owner of private property included
within the boundary of the Heritage Area shall have that private
property immediately removed from the boundary by submitting a written
request to the local coordinating entity.
SEC. 217. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this subtitle 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 that private property.
(c) Participation of Private Property Owners in Heritage Area.--
Nothing in this subtitle 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.
SEC. 218. EFFECT OF SUBTITLE.
Nothing in this subtitle or in establishment of the Heritage Area--
(1) grants any Federal agency regulatory authority over any
interest in the Heritage Area, unless cooperatively agreed on by
all involved parties;
(2) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate any
use of land as provided for by law (including regulations) in
existence on the date of enactment of this Act;
(3) grants any power of zoning or land use to the local
coordinating entity;
(4) imposes any environmental, occupational, safety, or other
rule, standard, or permitting process that is different from those
in effect on the date of enactment of this Act that would be
applicable had the Heritage Area not been established;
(5)(A) imposes any change in Federal environmental quality
standards; or
(B) authorizes designation of any portion of the Heritage Area
that is subject to part C of title I of the Clean Air Act (42
U.S.C. 7470 et seq.) as class 1 for the purposes of that part
solely by reason of the establishment of the Heritage Area;
(6) authorizes any Federal or State agency to impose more
restrictive water use designations, or water quality standards on
uses of or discharges to, waters of the United States or waters of
the State within or adjacent to the Heritage Area solely by reason
of the establishment of the Heritage Area;
(7) abridges, restricts, or alters any applicable rule,
standard, or review procedure for permitting of facilities within
or adjacent to the Heritage Area; or
(8) affects the continuing use and operation, where located on
the date of enactment of this Act, of any public utility or common
carrier.
SEC. 219. REPORTS.
For any year in which Federal funds have been made available under
this subtitle, the local coordinating entity shall submit to the
Secretary a report that describes--
(1) the accomplishments of the local coordinating entity; and
(2) the expenses and income of the local coordinating entity.
SEC. 220. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this subtitle $10,000,000, to remain available until expended, 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 subtitle shall be not more than 50
percent unless the Secretary determines that no reasonable means are
available through which the local coordinating entity can meet its cost
sharing requirement for that activity.
SEC. 221. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance to the local
coordinating entity under this subtitle terminates on the date that is
15 years after the date of enactment of this Act.
Subtitle C--Arabia Mountain National Heritage Area
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Arabia Mountain National
Heritage Area Act''.
SEC. 232. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Arabia Mountain area contains a variety of natural,
cultural, historical, scenic, and recreational resources that
together represent distinctive aspects of the heritage of the
United States that are worthy of recognition, conservation,
interpretation, and continuing use.
(2) The best methods for managing the resources of the Arabia
Mountain area would be through partnerships between public and
private entities that combine diverse resources and active
communities.
(3) Davidson-Arabia Mountain Nature Preserve, a 535-acre park
in DeKalb County, Georgia--
(A) protects granite outcrop ecosystems, wetland, and pine
and oak forests; and
(B) includes federally-protected plant species.
(4) Panola Mountain, a national natural landmark, located in
the 860-acre Panola Mountain State Conservation Park, is a rare
example of a pristine granite outcrop.
(5) The archaeological site at Miners Creek Preserve along the
South River contains documented evidence of early human activity.
(6) The city of Lithonia, Georgia, and related sites of Arabia
Mountain and Stone Mountain possess sites that display the history
of granite mining as an industry and culture in Georgia, and the
impact of that industry on the United States.
(7) The community of Klondike is eligible for designation as a
National Historic District.
(8) The city of Lithonia has 2 structures listed on the
National Register of Historic Places.
(b) Purposes.--The purposes of this subtitle are as follows:
(1) To recognize, preserve, promote, interpret, and make
available for the benefit of the public the natural, cultural,
historical, scenic, and recreational resources in the area that
includes Arabia Mountain, Panola Mountain, Miners Creek, and other
significant sites and communities.
(2) To assist the State of Georgia and the counties of DeKalb,
Rockdale, and Henry in the State in developing and implementing an
integrated cultural, historical, and land resource management
program to protect, enhance, and interpret the significant
resources within the heritage area.
SEC. 233. DEFINITIONS.
In this subtitle:
(1) Heritage area.--The term ``heritage area'' means the Arabia
Mountain National Heritage Area established by section 234(a).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the Arabia Mountain Heritage Area Alliance or a
successor of the Arabia Mountain Heritage Area Alliance.
(3) Management plan.--The term ``management plan'' means the
management plan for the heritage area developed under section 236.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means the State of Georgia.
SEC. 234. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Arabia Mountain
National Heritage Area in the State.
(b) Boundaries.--The heritage area shall consist of certain parcels
of land in the counties of DeKalb, Rockdale, and Henry in the State, as
generally depicted on the map entitled ``Arabia Mountain National
Heritage Area'', numbered AMNHA-80,000, and dated October 2003.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Local Coordinating Entity.--The Arabia Mountain Heritage Area
Alliance shall be the local coordinating entity for the heritage area.
SEC. 235. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.
(a) Authorities.--For purposes of developing and implementing the
management plan, the local coordinating entity may--
(1) make grants to, and enter into cooperative agreements with,
the State, political subdivisions of the State, and private
organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--
(1) Management plan.--
(A) In general.--The local coordinating entity shall
develop and submit to the Secretary the management plan.
(B) Considerations.--In developing and implementing the
management plan, the local coordinating entity shall consider
the interests of diverse governmental, business, and nonprofit
groups within the heritage area.
(2) Priorities.--The local coordinating entity shall give
priority to implementing actions described in the management plan,
including the following:
(A) Assisting units of government and nonprofit
organizations in preserving resources within the heritage area.
(B) Encouraging local governments to adopt land use
policies consistent with the management of the heritage area
and the goals of the management plan.
(3) Public meetings.--The local coordinating entity shall
conduct public meetings at least quarterly on the implementation of
the management plan.
(4) Annual report.--For any year in which Federal funds have
been made available under this title, the local coordinating entity
shall submit to the Secretary an annual report that describes the
following:
(A) The accomplishments of the local coordinating entity.
(B) The expenses and income of the local coordinating
entity.
(5) Audit.--The local coordinating entity shall--
(A) make available to the Secretary for audit all records
relating to the expenditure of Federal funds and any matching
funds; and
(B) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
receiving organizations make available to the Secretary for
audit all records concerning the expenditure of those funds.
(c) Use of Federal Funds.--
(1) In general.--The local coordinating entity shall not use
Federal funds made available under this title to acquire real
property or an interest in real property.
(2) Other sources.--Nothing in this title precludes the local
coordinating entity from using Federal funds made available under
other Federal laws for any purpose for which the funds are
authorized to be used.
SEC. 236. MANAGEMENT PLAN.
(a) In General.--The local coordinating entity shall develop a
management plan for the heritage area that incorporates an integrated
and cooperative approach to protect, interpret, and enhance the
natural, cultural, historical, scenic, and recreational resources of
the heritage area.
(b) Basis.--The management plan shall be based on the preferred
concept in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study'', dated February 28, 2001.
(c) Consideration of Other Plans and Actions.--The management plan
shall--
(1) take into consideration State and local plans; and
(2) involve residents, public agencies, and private
organizations in the heritage area.
(d) Requirements.--The management plan shall include the following:
(1) An inventory of the resources in the heritage area,
including--
(A) a list of property in the heritage area that--
(i) relates to the purposes of the heritage area; and
(ii) should be preserved, restored, managed, or
maintained because of the significance of the property; and
(B) an assessment of cultural landscapes within the
heritage area.
(2) Provisions for the protection, interpretation, and
enjoyment of the resources of the heritage area consistent with the
purposes of this subtitle.
(3) An interpretation plan for the heritage area.
(4) A program for implementation of the management plan that
includes--
(A) actions to be carried out by units of government,
private organizations, and public-private partnerships to
protect the resources of the heritage area; and
(B) the identification of existing and potential sources of
funding for implementing the plan.
(5) A description and evaluation of the local coordinating
entity, including the membership and organizational structure of
the local coordinating entity.
(e) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date on which
funds are made available to carry out this subtitle, the local
coordinating entity shall submit the management plan to the
Secretary for approval.
(2) Effect of failure to submit.--If a management plan is not
submitted to the Secretary by the date specified in paragraph (1),
the Secretary shall not provide any additional funding under this
subtitle until such date as a management plan for the heritage area
is submitted to the Secretary.
(f) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (e), the Secretary, in
consultation with the State, shall approve or disapprove the
management plan.
(2) Action following disapproval.--
(A) Revision.--If the Secretary disapproves a management
plan submitted under paragraph (1), the Secretary shall--
(i) advise the local coordinating entity in writing of
the reasons for the disapproval;
(ii) make recommendations for revisions to the
management plan; and
(iii) allow the local coordinating entity to submit to
the Secretary revisions to the management plan.
(B) Deadline for approval of revision.--Not later than 90
days after the date on which a revision is submitted under
subparagraph (A)(iii), the Secretary shall approve or
disapprove the revision.
(g) Revision of Management Plan.--
(1) In general.--After approval by the Secretary of a
management plan, the local coordinating entity shall periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and approval by the
Secretary, the recommendations of the local coordinating entity
for any revisions to the management plan that the local
coordinating entity considers to be appropriate.
(2) Expenditure of funds.--No funds made available under this
subtitle shall be used to implement any revision proposed by the
local coordinating entity under paragraph (1)(B) until the
Secretary approves the revision.
SEC. 237. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--At the request of the local coordinating entity,
the Secretary may provide technical and financial assistance to the
heritage area to develop and implement the management plan.
(b) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority to actions that facilitate--
(1) the conservation of the significant natural, cultural,
historical, scenic, and recreational resources that support the
purposes of the heritage area; and
(2) the provision of educational, interpretive, and
recreational opportunities that are consistent with the resources
and associated values of the heritage area.
SEC. 238. EFFECT ON CERTAIN AUTHORITY.
(a) Occupational, Safety, Conservation, and Environmental
Regulation.--Nothing in this subtitle--
(1) imposes an occupational, safety, conservation, or
environmental regulation on the heritage area that is more
stringent than the regulations that would be applicable to the land
described in section 234(b) but for the establishment of the
heritage area by section 234(a); or
(2) authorizes a Federal agency to promulgate an occupational,
safety, conservation, or environmental regulation for the heritage
area that is more stringent than the regulations applicable to the
land described in section 234(b) as of the date of enactment of
this Act, solely as a result of the establishment of the heritage
area by section 234(a).
(b) Land Use Regulation.--Nothing in this subtitle--
(1) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate any
use of land as provided for by law (including regulations) in
existence on the date of enactment of this Act; or
(2) grants powers of zoning or land use to the local
coordinating entity.
SEC. 239. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this subtitle $10,000,000, to remain available until expended, of
which not more than $1,000,000 may be authorized to be appropriated for
any fiscal year.
(b) Federal Share.--The Federal share of the cost of any project or
activity carried out using funds made available under this subtitle
shall not exceed 50 percent.
SEC. 240. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this
subsubtitle terminates on the date that is 15 years after the date of
enactment of this Act.
SEC. 241. 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. 242. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this subtitle 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
subtitle 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 subtitle 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 subtitle 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.
Subtitle D--Mormon Pioneer National Heritage Area
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ``Mormon Pioneer National
Heritage Area Act''.
SEC. 252. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the historical, cultural, and natural heritage legacies of
Mormon colonization and settlement are nationally significant;
(2) in the area starting along the Highway 89 corridor at the
Arizona border, passing through Kane, Garfield, Piute, Sevier,
Wayne, and Sanpete Counties in the State of Utah, and terminating
in Fairview, Utah, there are a variety of heritage resources that
demonstrate--
(A) the colonization of the western United States; and
(B) the expansion of the United States as a major world
power;
(3) the great relocation to the western United States was
facilitated by--
(A) the 1,400-mile trek from Illinois to the Great Salt
Lake by the Mormon pioneers; and
(B) the subsequent colonization effort in Nevada, Utah, the
southeast corner of Idaho, the southwest corner of Wyoming,
large areas of southeastern Oregon, much of southern
California, and areas along the eastern border of California;
(4) the 250-mile Highway 89 corridor from Kanab to Fairview,
Utah, contains some of the best features of the Mormon colonization
experience in the United States;
(5) the landscape, architecture, traditions, beliefs, folk
life, products, and events along Highway 89 convey the heritage of
the pioneer settlement;
(6) the Boulder Loop, Capitol Reef National Park, Zion National
Park, Bryce Canyon National Park, and the Highway 89 area convey
the compelling story of how early settlers--
(A) interacted with Native Americans; and
(B) established towns and cities in a harsh, yet
spectacular, natural environment;
(7) the colonization and settlement of the Mormon settlers
opened up vast amounts of natural resources, including coal,
uranium, silver, gold, and copper;
(8) the Mormon colonization played a significant role in the
history and progress of the development and settlement of the
western United States; and
(9) the artisans, crafters, innkeepers, outfitters, farmers,
ranchers, loggers, miners, historic landscape, customs, national
parks, and architecture in the Heritage Area make the Heritage Area
unique.
(b) Purpose.--The purpose of this subtitle is to establish the
Heritage Area to--
(1) foster a close working relationship with all levels of
government, the private sector, residents, business interests, and
local communities in the State;
(2) empower communities in the State to conserve, preserve, and
enhance the heritage of the communities while strengthening future
economic opportunities;
(3) conserve, interpret, and develop the historical, cultural,
natural, and recreational resources within the Heritage Area; and
(4) expand, foster, and develop heritage businesses and
products relating to the cultural heritage of the Heritage Area.
SEC. 253. DEFINITIONS.
In this subtitle:
(1) Alliance.--The term ``Alliance'' means the Utah Heritage
Highway 89 Alliance.
(2) Heritage area.--The term ``Heritage Area'' means the Mormon
Pioneer National Heritage Area established by section 254(a).
(3) Local coordinating entity.--The term ``local coordinating
entity'' means the local coordinating entity for the Heritage Area
designated by section 255(a).
(4) Management plan.--The term ``management plan'' means the
plan developed by the local coordinating entity under section
256(a).
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means the State of Utah.
SEC. 254. MORMON PIONEER NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Mormon Pioneer
National Heritage Area.
(b) Boundaries.--
(1) In general.--The boundaries of the Heritage Area shall
include areas in the State--
(A) that are related to the corridors--
(i) from the Arizona border northward through Kanab,
Utah, and to the intersection of Highway 89 and Highway 12,
including Highway 12 and Highway 24 as those highways loop
off Highway 89 and rejoin Highway 89 at Sigurd;
(ii) from Highway 89 at the intersection of Highway 12
through Panguitch, Junction, Marysvale, and Sevier County
to Sigurd;
(iii) continuing northward along Highway 89 through
Axtell and Sterling, Sanpete County, to Fairview, Sanpete
County, at the junction with Utah Highway 31; and
(iv) continuing northward along Highway 89 through
Fairview and Thistle Junction, to the junction with Highway
6; and
(B) including the following communities: Kanab, Mt. Carmel,
Orderville, Glendale, Alton, Cannonville, Tropic, Henrieville,
Escalante, Boulder, Teasdale, Fruita, Hanksville, Torrey,
Bicknell, Loa, Hatch, Panquitch, Circleville, Antimony,
Junction, Marysvale, Koosharem, Sevier, Joseph, Monroe,
Elsinore, Richfield, Glenwood, Sigurd, Aurora, Salina,
Mayfield, Sterling, Gunnison, Fayette, Manti, Ephraim, Spring
City, Mt. Pleasant, Moroni, Fountain Green, and Fairview.
(2) Map.--The Secretary shall prepare a map of the Heritage
Area, which shall be on file and available for public inspection in
the office of the Director of the National Park Service.
(3) Notice to local governments.--The local coordinating entity
shall provide to the government of each city, town, and county that
has jurisdiction over property proposed to be included in the
Heritage Area written notice of the proposed inclusion.
(c) Administration.--The Heritage Area shall be administered in
accordance with this subtitle.
SEC. 255. DESIGNATION OF ALLIANCE AS LOCAL COORDINATING ENTITY.
(a) In General.--The Board of Directors of the Alliance shall be
the local coordinating entity for the Heritage Area.
(b) Federal Funding.--
(1) Authorization to receive funds.--The local coordinating
entity may receive amounts made available to carry out this
subtitle.
(2) Disqualification.--If a management plan is not submitted to
the Secretary as required under section 256 within the time period
specified in that section, the local coordinating entity may not
receive Federal funding under this subtitle until a management plan
is submitted to the Secretary.
(c) Use of Federal Funds.--The local coordinating entity may, for
the purposes of developing and implementing the management plan, use
Federal funds made available under this subtitle--
(1) to make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with or provide
technical assistance to the State, political subdivisions of the
State, nonprofit organizations, and other organizations;
(3) to hire and compensate staff;
(4) to obtain funds from any source under any program or law
requiring the recipient of funds to make a contribution in order to
receive the funds; and
(5) to contract for goods and services.
(d) Prohibition of Acquisition of Real Property.--The local
coordinating entity shall not use Federal funds received under this
subtitle to acquire real property or any interest in real property.
SEC. 256. MANAGEMENT OF THE HERITAGE AREA.
(a) Heritage Area Management Plan.--
(1) Development and submission for review.--Not later than 3
years after the date on which funds are made available to carry out
the subtitle, the local coordinating entity, with public
participation, shall develop and submit for review to the Secretary
a management plan for the Heritage Area.
(2) Contents.--The management plan shall--
(A) present comprehensive recommendations for the
conservation, funding, management, and development of the
Heritage Area;
(B) take into consideration Federal, State, county, and
local plans;
(C) involve residents, public agencies, and private
organizations in the Heritage Area;
(D) include a description of actions that units of
government and private organizations are recommended to take to
protect the resources of the Heritage Area;
(E) specify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area; and
(F) include--
(i) an inventory of resources in the Heritage Area
that--
(I) includes a list of property in the Heritage
Area that should be conserved, restored, managed,
developed, or maintained because of the historical,
cultural, or natural significance of the property as
the property relates to the themes of the Heritage
Area; and
(II) does not include any property that is
privately owned unless the owner of the property
consents in writing to the inclusion;
(ii) a recommendation of policies for resource
management that consider the application of appropriate
land and water management techniques, including policies
for the development of intergovernmental cooperative
agreements to manage the historical, cultural, and natural
resources and recreational opportunities of the Heritage
Area in a manner that is consistent with the support of
appropriate and compatible economic viability;
(iii) a program for implementation of the management
plan, including plans for restoration and construction;
(iv) a description of any commitments that have been
made by persons interested in management of the Heritage
Area;
(v) an analysis of means by which Federal, State, and
local programs may best be coordinated to promote the
purposes of this subtitle; and
(vi) an interpretive plan for the Heritage Area.
(3) Approval or disapproval of the management plan.--
(A) In general.--Not later than 180 days after submission
of the management plan by the local coordinating entity, the
Secretary shall approve or disapprove the management plan.
(B) Disapproval and revisions.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary shall--
(I) advise the local coordinating entity, in
writing, of the reasons for the disapproval; and
(II) make recommendations for revision of the
management plan.
(ii) Approval or disapproval.--The Secretary shall
approve or disapprove proposed revisions to the management
plan not later than 60 days after receipt of the revisions
from the local coordinating entity.
(b) Priorities.--The local coordinating entity shall give priority
to the implementation of actions, goals, and policies set forth in the
management plan, including--
(1) assisting units of government, regional planning
organizations, and nonprofit organizations in--
(A) conserving the historical, cultural, and natural
resources of the Heritage Area;
(B) establishing and maintaining interpretive exhibits in
the Heritage Area;
(C) developing recreational opportunities in the Heritage
Area;
(D) increasing public awareness of and appreciation for the
historical, cultural, and natural resources of the Heritage
Area;
(E) restoring historic buildings that are--
(i) located within the boundaries of the Heritage Area;
and
(ii) related to the theme of the Heritage Area; and
(F) ensuring that clear, consistent, and environmentally
appropriate signs identifying access points and sites of
interest are put in place throughout the Heritage Area; and
(2) consistent with the goals of the management plan,
encouraging economic viability in the affected communities by
appropriate means, including encouraging and soliciting the
development of heritage products.
(c) Consideration of Interests of Local Groups.--In developing and
implementing the management plan, the local coordinating entity shall
consider the interests of diverse units of government, businesses,
private property owners, and nonprofit organizations in the Heritage
Area.
(d) Public Meetings.--The local coordinating entity shall conduct
public meetings at least annually regarding the implementation of the
management plan.
(e) Annual Reports.--For any fiscal year in which the local
coordinating entity receives Federal funds under this subtitle, the
local coordinating entity shall submit to the Secretary an annual
report that describes--
(1) the accomplishments of the local coordinating entity;
(2) the expenses and income of the local coordinating entity;
and
(3) the entities to which the local coordinating entity made
any grants during the year for which the report is made.
(f) Cooperation With Audits.--For any fiscal year in which the
local coordinating entity receives Federal funds under this subtitle,
the local coordinating entity shall--
(1) make available for audit by Congress, the Secretary, and
appropriate units of government all records and other information
relating to the expenditure of the Federal funds and any matching
funds; and
(2) require, with respect to all agreements authorizing
expenditure of the Federal funds by other organizations, that the
receiving organizations make available for audit all records and
other information relating to the expenditure of the Federal funds.
(g) Delegation.--
(1) In general.--The local coordinating entity may delegate the
responsibilities and actions under this subtitle for each area
identified in section 254(b)(1).
(2) Review.--All delegated responsibilities and actions are
subject to review and approval by the local coordinating entity.
SEC. 257. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical Assistance and Grants.--
(1) In general.--The Secretary may provide technical assistance
and, subject to the availability of appropriations, grants to--
(A) units of government, nonprofit organizations, and other
persons, at the request of the local coordinating entity; and
(B) the local coordinating entity, for use in developing
and implementing the management plan.
(2) Prohibition of certain requirements.--The Secretary may
not, as a condition of the award of technical assistance or grants
under this subtitle, require any recipient of the technical
assistance or a grant to enact or modify any land use restriction.
(3) Determinations regarding assistance.--The Secretary shall
determine whether a unit of government, nonprofit organization, or
other person shall be awarded technical assistance or grants and
the amount of technical assistance--
(A) based on the extent to which the assistance--
(i) fulfills the objectives of the management plan; and
(ii) achieves the purposes of this subtitle; and
(B) after giving special consideration to projects that
provide a greater leverage of Federal funds.
(b) Provision of Information.--In cooperation with other Federal
agencies, the Secretary shall provide the public with information
concerning the location and character of the Heritage Area.
(c) Other Assistance.--The Secretary may enter into cooperative
agreements with public and private organizations for the purposes of
implementing this subtitle.
(d) Duties of Other Federal Agencies.--A Federal entity conducting
any activity directly affecting the Heritage Area shall--
(1) consider the potential effect of the activity on the
management plan; and
(2) consult with the local coordinating entity with respect to
the activity to minimize the adverse effects of the activity on the
Heritage Area.
SEC. 258A. 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. 258B. 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. 259. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this subtitle $10,000,000, to remain available until expended, of
which not more than $1,000,000 may be authorized to be appropriated for
any fiscal year.
(b) Federal Share.--The Federal share of the cost of any activity
carried out using funds made available under this subtitle shall not
exceed 50 percent.
SEC. 260. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this
subtitle terminates on the date that is 15 years after the date of
enactment of this Act.
Subtitle E--Freedom's Frontier National Heritage Area
SEC. 261. SHORT TITLE.
This subtitle may be cited as the ``Freedom's Frontier National
Heritage Area Act''.
SEC. 262. PURPOSE.
The purpose of this subtitle is to use preservation, conservation,
education, interpretation, and recreation in eastern Kansas and Western
Missouri in heritage development and sustainability of the American
story recognized by the American people.
SEC. 263. DEFINITIONS.
In this subtitle:
(1) Heritage area.--The term ``Heritage Area'' means the
Freedom's Frontier National Heritage Area in eastern Kansas and
western Missouri.
(2) Local coordinating entity.--The term ``local coordinating
entity'' means Territorial Kansas Heritage Alliance, recognized by
the Secretary, in consultation with the Governors of the States,
that agrees to perform the duties of a local coordinating entity
under this subtitle, so long as that Alliance is composed of not
less than 25 percent residents of Missouri.
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area developed under section
264(e).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) State.--The term ``State'' means each of the States of
Kansas and Missouri.
(6) Unit of local government.--The term ``unit of local
government'' means the government of a State, a political
subdivision of a State, or an Indian tribe.
SEC. 264. FREEDOM'S FRONTIER NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the States the
Freedom's Frontier National Heritage Area.
(b) Boundaries.--The Heritage Area may include the following:
(1) An area located in eastern Kansas and western Missouri,
consisting of--
(A) Allen, Anderson, Atchison, Bourbon, Chautauqua,
Cherokee, Clay, Coffey, Crawford, Douglas, Franklin, Geary,
Jackson, Johnson, Labette, Leavenworth, Linn, Miami, Neosho,
Pottawatomie, Riley, Shawnee, Wabaunsee, Wilson, Woodson,
Jefferson, Montgomery, Osage, and Wyandotte Counties in Kansas;
and
(B) Buchanan, Platte, Clay, Ray, Lafayette, Jackson, Cass,
Johnson, Bates, Vernon, Barton, and St. Clair Counties in
Missouri.
(2) Contributing sites, buildings, and districts within the
area that are recommended by the management plan.
(c) Map.--The final boundary of the Heritage Area within the
counties identified in subsection (b)(1) shall be specified in the
management plan. 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) Local Coordinating Entity.--
(1) In general.--The local coordinating entity for the Heritage
Area shall be Territorial Kansas Heritage Alliance, a nonprofit
organization established in the State of Kansas, recognized by the
Secretary, in consultation with the Governors of the States, so
long as that Alliance is composed of not less than 25 percent
residents of Missouri and agrees to perform the duties of the local
coordinating entity under this subtitle.
(2) Authorities.--For purposes of developing and implementing
the management plan, the local coordinating entity may--
(A) make grants to, and enter into cooperative agreements
with, the States, political subdivisions of the States, and
private organizations;
(B) hire and compensate staff; and
(C) enter into contracts for goods and services.
(e) Management Plan.--
(1) In general.--Not later than 3 years after the date on which
funds are made available to carry out this subtitle, the local
coordinating entity shall develop and submit to the Secretary a
management plan reviewed by participating units of local government
within the boundaries of the proposed Heritage Area.
(2) Contents.--The management plan shall--
(A) present a comprehensive program for the conservation,
interpretation, funding, management, and development of the
Heritage Area, in a manner consistent with the existing local,
State, and Federal land use laws and compatible economic
viability of the Heritage Area;
(B) establish criteria or standards to measure what is
selected for conservation, interpretation, funding, management,
and development;
(C) involve residents, public agencies, and private
organizations working in the Heritage Area;
(D) specify and coordinate, as of the date of the
management plan, existing and potential sources of technical
and financial assistance under this and other Federal laws to
protect, manage, and develop the Heritage Area; and
(E) include--
(i) actions to be undertaken by units of government and
private organizations to protect, conserve, and interpret
the resources of the Heritage Area;
(ii) 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 meets the establishing criteria (such as, but
not exclusive to, visitor readiness) to merit preservation,
restoration, management, development, or maintenance
because of its natural, cultural, historical, or
recreational significance;
(iii) policies for resource management including the
development of intergovernmental cooperative agreements,
private sector agreements, or any combination thereof, to
protect the historical, cultural, recreational, and natural
resources of the Heritage Area in a manner consistent with
supporting appropriate and compatible economic viability;
(iv) a program for implementation of the management
plan by the designated local coordinating entity, in
cooperation with its partners and units of local
government;
(v) evidence that relevant State, county, and local
plans applicable to the Heritage Area have been taken into
consideration;
(vi) an analysis of ways in which local, State, and
Federal programs may best be coordinated to promote the
purposes of this subtitle; and
(vii) a business plan that--
(I) describes in detail the role, operation,
financing, and functions of the local coordinating
entity for each activity included in the
recommendations contained in the management plan; and
(II) provides, to the satisfaction of the
Secretary, adequate assurances that the local
coordinating entity is likely to have the financial
resources necessary to implement the management plan
for the Heritage Area, including resources to meet
matching requirement for grants awarded under this
subtitle.
(3) Considerations.--In developing and implementing the
management plan, the local coordinating entity shall consider the
interests of diverse governmental, business, and nonprofit groups
within the Heritage Area.
(4) Disqualification from funding.--If a proposed management
plan is not submitted to the Secretary within 3 years after the
date on which funds are made available to carry out this subtitle,
the local coordinating entity shall be ineligible to receive
additional funding under this subtitle until the date on which the
Secretary receives the proposed management plan.
(5) Approval and disapproval of management plan.--The Secretary
shall approve or disapprove the proposed management plan submitted
under this subtitle not later than 90 days after receiving such
proposed management plan.
(6) Action following disapproval.--If the Secretary disapproves
a proposed management plan, the Secretary shall advise the local
coordinating 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.
(7) Approval of amendments.--The Secretary shall review and
approve substantial amendments to the management plan. Funds
appropriated under this subtitle may not be expended to implement
any changes made by such amendment until the Secretary approves the
amendment.
(8) Implementation.--
(A) Priorities.--The local coordinating entity shall give
priority to implementing actions described in the management
plan, including--
(i) assisting units of government and nonprofit
organizations in preserving resources within the Heritage
Area; and
(ii) encouraging local governments to adopt land use
policies consistent with the management of the Heritage
Area and the goals of the management plan.
(B) Public meetings.--The local coordinating entity shall
conduct public meetings at least quarterly on the
implementation of the management plan. Not less than 25 percent
of the public meetings shall be conducted in Missouri.
(f) Public Notice.--The local coordinating entity shall place a
notice of each of its public meetings in a newspaper of general
circulation in the Heritage Area and shall make the minutes of the
meeting available to the public.
(g) Annual Report.--For any year in which Federal funds have been
made available under this subtitle, the local coordinating entity shall
submit to the Secretary an annual report that describes--
(1) the accomplishments of the local coordinating entity; and
(2) the expenses and income of the local coordinating entity.
(h) Audit.--The local coordinating entity shall--
(1) make available to the Secretary for audit all records
relating to the expenditure of Federal funds and any matching
funds; and
(2) 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 the Federal funds and any
matching funds.
(i) Use of Federal Funds.--
(1) In general.--No Federal funds made available under this
subtitle may be used to acquire real property or an interest in
real property.
(2) Other sources.--Nothing in this subtitle precludes the
local coordinating entity from using Federal funds made available
under other Federal laws for any purpose for which the funds are
authorized to be used.
SEC. 265. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance for the development and implementation of the management
plan.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall give priority to actions that
assist in--
(A) conserving the significant cultural, historic, and
natural resources of the Heritage Area; and
(B) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(3) Spending for non-federal property.--The local coordinating
entity may expend Federal funds made available under this subtitle
on non-Federal property that--
(A) meets the criteria in the approved management plan; or
(B) is listed or eligible for listing on the National
Register of Historic Places.
(4) Other assistance.--The Secretary may enter into cooperative
agreements with public and private organizations to carry out this
subsection.
(b) Other Federal Agencies.--Any Federal entity conducting or
supporting an activity that directly affects the Heritage Area shall--
(1) consider the potential effect of the activity on the
purposes of the Heritage Area and the management plan;
(2) consult with the local coordinating entity regarding the
activity; and
(3) to the maximum extent practicable, conduct or support the
activity to avoid adverse effects on the Heritage Area.
(c) Other Assistance Not Affected.--This subtitle does not affect
the authority of any Federal official to provide technical or financial
assistance under any other law.
(d) Notification of Other Federal Activities.--The head of each
Federal agency shall provide to the Secretary and the local
coordinating entity, to the extent practicable, advance notice of all
activities that may have an impact on the Heritage Area.
SEC. 266. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this subtitle 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 subtitle shall be construed to modify any
provision of Federal, State, or local law with regard to public access
to or use of private lands.
(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
subtitle shall be construed to modify any authority of Federal, State,
or local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Areas.--
Nothing in this subtitle 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) Land Use Regulation.--
(1) In general.--The local coordinating entity shall provide
assistance and encouragement to State and local governments,
private organizations, and persons to protect and promote the
resources and values of the Heritage Area.
(2) Effect.--Nothing in this subtitle--
(A) affects the authority of the State or local governments
to regulate under law any use of land; or
(B) grants any power of zoning or land use to the local
coordinating entity.
(f) Private Property.--
(1) In general.--The local coordinating entity shall be an
advocate for land management practices consistent with the purposes
of the Heritage Area.
(2) Effect.--Nothing in this subtitle--
(A) abridges the rights of any person with regard to
private property;
(B) affects the authority of the State or local government
regarding private property; or
(C) imposes any additional burden on any property owner.
(g) Requirements for Inclusion of Private Property.--
(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 the boundary by submitting a
written request to the management entity.
SEC. 267. SAVINGS PROVISIONS.
(a) Rules, Regulations, Standards, and Permit Processes.--Nothing
in this subtitle shall be construed to impose any environmental,
occupational, safety, or other rule, regulation, standard, or permit
process in the Heritage Area that is different from those that would be
applicable if the Heritage Area had not been established.
(b) Water and Water Rights.--Nothing in this subtitle shall be
construed to authorize or imply the reservation or appropriation of
water or water rights.
(c) No Diminishment of State Authority.--Nothing in this subtitle
shall be construed to diminish the authority of the State to manage
fish and wildlife, including the regulation of fishing and hunting
within the Heritage Area.
SEC. 268. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this subtitle $10,000,000, to remain available until expended, 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 subtitle shall be not more than 50
percent.
SEC. 269. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this
subtitle terminates on the date that is 15 years after the date of
enactment of this Act.
Subtitle F--Upper Housatonic Valley National Heritage Area
SEC. 271. SHORT TITLE.
This subtitle may be cited as the ``Upper Housatonic Valley
National Heritage Area Act''.
SEC. 272. 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 subtitle 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. 273. DEFINITIONS.
In this subtitle:
(1) Heritage area.--The term ``Heritage Area'' means the Upper
Housatonic Valley National Heritage Area, established in section
274.
(2) Management entity.--The term ``Management Entity'' means
the management entity for the Heritage Area designated by section
274(d).
(3) Management plan.--The term ``Management Plan'' means the
management plan for the Heritage Area specified in section 276.
(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. 274. 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. 275. 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 276;
(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 subtitle, 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 subtitle, 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 subtitle 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
subtitle 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. 276. 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 subtitle.
(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
subtitle until such time as the management plan is submitted to the
Secretary.
SEC. 277. 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
subtitle to implement any amendments until the Secretary has
approved the amendments.
SEC. 278. 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 subtitle 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. 279. 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. 280. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this subtitle 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
subtitle 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 subtitle 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 subtitle 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. 280A. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
purposes of this subtitle 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 subtitle.
(b) Matching Funds.--Federal funding provided under this subtitle
may not exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this subtitle.
SEC. 280B. SUNSET.
The authority of the Secretary to provide assistance under this
subtitle shall terminate on the day occurring 15 years after the date
of the enactment of this subtitle.
Subtitle G--Champlain Valley National Heritage Partnership
SEC. 281. SHORT TITLE.
This subtitle may be cited as the ``Champlain Valley National
Heritage Partnership Act of 2006''.
SEC. 282. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Champlain Valley and its extensive cultural and natural
resources have played a significant role in the history of the
United States and the individual States of Vermont and New York;
(2) archaeological evidence indicates that the Champlain Valley
has been inhabited by humans since the last retreat of the
glaciers, with the Native Americans living in the area at the time
of European discovery being primarily of Iroquois and Algonquin
descent;
(3) the linked waterways of the Champlain Valley, including the
Richelieu River in Canada, played a unique and significant role in
the establishment and development of the United States and Canada
through several distinct eras, including--
(A) the era of European exploration, during which Samuel de
Champlain and other explorers used the waterways as a means of
access through the wilderness;
(B) the era of military campaigns, including highly
significant military campaigns of the French and Indian War,
the American Revolution, and the War of 1812; and
(C) the era of maritime commerce, during which canal boats,
schooners, and steamships formed the backbone of commercial
transportation for the region;
(4) those unique and significant eras are best described by the
theme ``The Making of Nations and Corridors of Commerce'';
(5) the artifacts and structures associated with those eras are
unusually well-preserved;
(6) the Champlain Valley is recognized as having one of the
richest collections of historical resources in North America;
(7) the history and cultural heritage of the Champlain Valley
are shared with Canada and the Province of Quebec;
(8) there are benefits in celebrating and promoting this mutual
heritage;
(9) tourism is among the most important industries in the
Champlain Valley, and heritage tourism in particular plays a
significant role in the economy of the Champlain Valley;
(10) it is important to enhance heritage tourism in the
Champlain Valley while ensuring that increased visitation will not
impair the historical and cultural resources of the region;
(11) according to the 1999 report of the National Park Service
entitled ``Champlain Valley Heritage Corridor Project'', ``the
Champlain Valley contains resources and represents a theme `The
Making of Nations and Corridors of Commerce', that is of
outstanding importance in United States history''; and
(12) it is in the interest of the United States to preserve and
interpret the historical and cultural resources of the Champlain
Valley for the education and benefit of present and future
generations.
(b) Purposes.--The purposes of this subtitle are--
(1) to establish the Champlain Valley National Heritage
Partnership in the States of Vermont and New York to recognize the
importance of the historical, cultural, and recreational resources
of the Champlain Valley region to the United States;
(2) to assist the States of Vermont and New York, including
units of local government and nongovernmental organizations in the
States, in preserving, protecting, and interpreting those resources
for the benefit of the people of the United States;
(3) to use those resources and the theme ``the making of
nations and corridors of commerce'' to--
(A) revitalize the economy of communities in the Champlain
Valley; and
(B) generate and sustain increased levels of tourism in the
Champlain Valley;
(4) to encourage--
(A) partnerships among State and local governments and
nongovernmental organizations in the United States; and
(B) collaboration with Canada and the Province of Quebec
to--
(i) interpret and promote the history of the waterways
of the Champlain Valley region;
(ii) form stronger bonds between the United States and
Canada; and
(iii) promote the international aspects of the
Champlain Valley region; and
(5) to provide financial and technical assistance for the
purposes described in paragraphs (1) through (4).
SEC. 283. DEFINITIONS.
In this subtitle:
(1) Heritage partnership.--The term ``Heritage Partnership''
means the Champlain Valley National Heritage Partnership
established by section 104(a).
(2) Management entity.--The term ``management entity'' means
the Lake Champlain Basin Program.
(3) Management plan.--The term ``management plan'' means the
management plan developed under section 284(b)(1)(B)(i).
(4) Region.--
(A) In general.--The term ``region'' means any area or
community in 1 of the States in which a physical, cultural, or
historical resource that represents the theme is located.
(B) Inclusions.--The term ``region'' includes
(i) The linked navigable waterways of.--
(I) Lake Champlain;
(II) Lake George;
(III) the Champlain Canal; and
(IV) the portion of the Upper Hudson River
extending south to Saratoga;
(ii) portions of Grand Isle, Franklin, Chittenden,
Addison, Rutland, and Bennington Counties in the State of
Vermont; and
(iii) portions of Clinton, Essex, Warren, Saratoga and
Washington Counties in the State of New York.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--the term ``State'' means
(A) the State of Vermont; and
(B) the State of New York.
(7) Theme.--The term ``theme'' means the theme ``The Making of
Nations and Corridors of Commerce'', as the term is used in the
1999 report of the National Park Service entitled ``Champlain
Valley Heritage Corridor Project'', that describes the periods of
international conflict and maritime commerce during which the
region played a unique and significant role in the development of
the United States and Canada.
SEC. 284. HERITAGE PARTNERSHIP.
(a) Establishment.--There is established in the region the
Champlain Valley National Heritage Partnership.
(b) Management Entity.--
(1) Duties.--
(A) In general.--The management entity shall implement this
subtitle.
(B) Management plan.--
(i) In general.--Not later than 3 years after the date
of enactment of this Act, the management entity shall
develop a management plan for the Heritage Partnership.
(ii) Existing plan.--Pending the completion and
approval of the management plan, the management entity may
implement the provisions of this subtitle based on its
federally authorized plan ``Opportunities for Action, an
Evolving Plan For Lake Champlain''.
(iii) Contents.--The management plan shall include--
(I) recommendations for funding, managing, and
developing the Heritage Partnership;
(II) a description of activities to be carried out
by public and private organizations to protect the
resources of the Heritage Partnership;
(III) a list of specific, potential sources of
funding for the protection, management, and development
of the Heritage Partnership;
(IV) an assessment of the organizational capacity
of the management entity to achieve the goals for
implementation; and
(V) recommendations of ways in which to encourage
collaboration with Canada and the Province of Quebec in
implementing this subtitle.
(iv) Considerations.--In developing the management plan
under clause (i), the management entity shall take into
consideration existing Federal, State, and local plans
relating to the region.
(v) Submission to secretary for approval.--
(I) In general.--Not later than 3 years after the
date of enactment of this Act, the management entity
shall submit the management plan to the Secretary for
approval.
(II) Effect of failure to submit.--If a management
plan is not submitted to the Secretary by the date
specified in subclause (I), the Secretary shall not
provide any additional funding under this subtitle
until a management plan for the Heritage Partnership is
submitted to the Secretary.
(vi) Approval.--Not later than 90 days after receiving
the management plan submitted under clause (v)(I), the
Secretary, in consultation with the States, shall approve
or disapprove the management plan.
(vii) Action following disapproval.--
(I) General.--If the Secretary disapproves a
management plan under clause (vi), the Secretary
shall--
(aa) advise the management entity in writing of
the reasons for the disapproval;
(bb) make recommendations for revisions to the
management plan; and
(cc) allow the management entity to submit to
the Secretary revisions to the management plan.
(II) Deadline for approval of revision.--Not later
than 90 days after the date on which a revision is
submitted under subclause (I)(cc), the Secretary shall
approve or disapprove the revision.
(viii) Amendment.--
(I) In general.--After approval by the Secretary of
the management plan, the management entity shall
periodically--
(aa) review the management plan; and
(bb) submit to the Secretary, for review and
approval by the Secretary, the recommendations of
the management entity for any amendments to the
management plan that the management entity
considers to be appropriate.
(II) Expenditure of funds.--No funds made available
under this subtitle shall be used to implement any
amendment proposed by the management entity under
subclause (I) until the Secretary approves the
amendments.
(2) Partnerships.--
(A) In general.--In carrying out this subtitle, the
management entity may enter into partnerships with--
(i) the States, including units of local governments in
the States;
(ii) nongovernmental organizations;
(iii) Indian Tribes; and
(iv) other persons in the Heritage Partnership.
(B) Grants.--Subject to the availability of funds, the
management entity may provide grants to partners under
subparagraph (A) to assist in implementing this subtitle.
(3) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds made available under
this subtitle to acquire real property or any interest in real
property.
(c) Assistance From Secretary.--To carry out the purposes of this
subtitle, the Secretary may provide technical and financial assistance
to the management entity.
SEC. 285. 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 until--
(1) the management entity notifies the owner of the private
property in writing; and
(2) the owner of the private property provides to the
management entity written consent for the preservation,
conservation, or promotion.
(b) Landowner Withdrawal.--Private property included within the
boundary of the Heritage Partnership shall immediately be withdrawn
from the Heritage Partnership if the owner of the property submits a
written request to the management entity.
SEC. 286. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this subtitle--
(1) requires a private property owner to allow public access
(including access by the Federal Government or State or local
governments) to private property; or
(2) modifies any provision of Federal, State, or local law with
respect to public access to, or use of, private property.
(b) Liability.--Designation of the Heritage Partnership under this
subtitle does not create any liability, or have any effect on liability
under any other law, of a private property owner with respect to any
persons injured on the private property.
(c) Recognition of Authority To Control Land Use.--Nothing in this
subtitle modifies any authority of the Federal Government or State or
local governments to regulate land use.
(d) Participation of Private Property Owners.--Nothing in this
subtitle requires the owner of any private property located within the
boundaries of the Heritage Partnership to participate in, or be
associated with the Heritage Partnership.
(e) Effect of Establishment.--
(1) In general.--The boundaries designated for the Heritage
Partnership represent the area within which Federal funds
appropriated for the purpose of this subtitle shall be expended.
(2) Regulatory authority.--The establishment of the Heritage
Partnership and the boundaries of the Heritage Partnership do not
provide any regulatory authority that is not in existence on the
date of enactment of this Act relating to land use within the
Heritage Partnership or the viewshed of the Heritage Partnership by
the Secretary, the National Park Service, or the management entity.
SEC. 287. EFFECT.
Nothing in this subtitle--
(1) grants powers of zoning or land use to the management
entity; or
(2) obstructs or limits private business development activities
or resource development activities.
SEC. 288. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this subtitle not more than a total of $10,000,000, of which not
more than $1,000,000 may be made available for any fiscal year.
(b) Non-Federal Share.--The non-Federal share of the cost of any
activities carried out using Federal funds made available under
subsection (a) shall be not less than 50 percent.
SEC. 289. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this
subtitle terminates on the date that is 15 years after the date of
enactment of this Act.
Subtitle H--Great Basin National Heritage Route
SEC. 291. SHORT TITLE.
This subtitle may be cited as the ``Great Basin National Heritage
Route Act''.
SEC. 291A. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the natural, cultural, and historic heritage of the North
American Great Basin is nationally significant;
(2) communities along the Great Basin Heritage Route (including
the towns of Delta, Utah, Ely, Nevada, and the surrounding
communities) are located in a classic western landscape that
contains long natural vistas, isolated high desert valleys,
mountain ranges, ranches, mines, historic railroads, archaeological
sites, and tribal communities;
(3) the Native American, pioneer, ranching, mining, timber, and
railroad heritages associated with the Great Basin Heritage Route
include the social history and living cultural traditions of a rich
diversity of nationalities;
(4) the pioneer, Mormon, and other religious settlements, and
ranching, timber, and mining activities of the region played and
continue to play a significant role in the development of the
United States, shaped by--
(A) the unique geography of the Great Basin;
(B) an influx of people of Greek, Chinese, Basque, Serb,
Croat, Italian, and Hispanic descent; and
(C) a Native American presence (Western Shoshone, Northern
and Southern Paiute, and Goshute) that continues in the Great
Basin today;
(5) the Great Basin housed internment camps for Japanese-
American citizens during World War II, 1 of which, Topaz, was
located along the Heritage Route;
(6) the pioneer heritage of the Heritage Route includes the
Pony Express route and stations, the Overland Stage, and many
examples of 19th century exploration of the western United States;
(7) the Native American heritage of the Heritage Route dates
back thousands of years and includes--
(A) archaeological sites;
(B) petroglyphs and pictographs;
(C) the westernmost village of the Fremont culture; and
(D) communities of Western Shoshone, Paiute, and Goshute
tribes;
(8) the Heritage Route contains multiple biologically diverse
ecological communities that are home to exceptional species such
as--
(A) bristlecone pines, the oldest living trees in the
world;
(B) wildlife adapted to harsh desert conditions;
(C) unique plant communities, lakes, and streams; and
(D) native Bonneville cutthroat trout;
(9) the air and water quality of the Heritage Route is among
the best in the United States, and the clear air permits
outstanding viewing of the night skies;
(10) the Heritage Route includes unique and outstanding
geologic features such as numerous limestone caves, classic basin
and range topography with playa lakes, alluvial fans, volcanics,
cold and hot springs, and recognizable features of ancient Lake
Bonneville;
(11) the Heritage Route includes an unusual variety of open
space and recreational and educational opportunities because of the
great quantity of ranching activity and public land (including
city, county, and State parks, national forests, Bureau of Land
Management land, and a national park);
(12) there are significant archaeological, historical,
cultural, natural, scenic, and recreational resources in the Great
Basin to merit the involvement of the Federal Government in the
development, in cooperation with the Great Basin Heritage Route
Partnership and other local and governmental entities, of programs
and projects to--
(A) adequately conserve, protect, and interpret the
heritage of the Great Basin for present and future generations;
and
(B) provide opportunities in the Great Basin for education;
and
(13) the Great Basin Heritage Route Partnership shall serve as
the local coordinating entity for a Heritage Route established in
the Great Basin.
(b) Purposes.--The purposes of this subtitle are--
(1) to foster a close working relationship with all levels of
government, the private sector, and the local communities within
White Pine County, Nevada, Millard County, Utah, and the Duckwater
Shoshone Reservation;
(2) to enable communities referred to in paragraph (1) to
conserve their heritage while continuing to develop economic
opportunities; and
(3) to conserve, interpret, and develop the archaeological,
historical, cultural, natural, scenic, and recreational resources
related to the unique ranching, industrial, and cultural heritage
of the Great Basin, in a manner that promotes multiple uses
permitted as of the date of enactment of this Act, without managing
or regulating land use.
SEC. 291B. DEFINITIONS.
In this subtitle:
(1) Great basin.--The term ``Great Basin'' means the North
American Great Basin.
(2) Heritage route.--The term ``Heritage Route'' means the
Great Basin National Heritage Route established by section 291C(a).
(3) Local coordinating entity.--The term ``local coordinating
entity'' means the Great Basin Heritage Route Partnership
established by section 291C(c).
(4) Management plan.--The term ``management plan'' means the
plan developed by the local coordinating entity under section
291E(a).
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
SEC. 291C. GREAT BASIN NATIONAL HERITAGE ROUTE.
(a) Establishment.--There is established the Great Basin National
Heritage Route to provide the public with access to certain historical,
cultural, natural, scenic, and recreational resources in White Pine
County, Nevada, Millard County, Utah, and the Duckwater Shoshone
Reservation in the State of Nevada, as designated by the local
coordinating entity.
(b) Boundaries.--The local coordinating entity shall determine the
specific boundaries of the Heritage Route.
(c) Local Coordinating Entity.--
(1) In general.--The Great Basin Heritage Route Partnership
shall serve as the local coordinating entity for the Heritage
Route.
(2) Board of directors.--The Great Basin Heritage Route
Partnership shall be governed by a board of directors that consists
of--
(A) 4 members who are appointed by the Board of County
Commissioners for Millard County, Utah;
(B) 4 members who are appointed by the Board of County
Commissioners for White Pine County, Nevada; and
(C) a representative appointed by each Native American
Tribe participating in the Heritage Route.
SEC. 291D. MEMORANDUM OF UNDERSTANDING.
(a) In General.--In carrying out this subtitle, the Secretary, in
consultation with the Governors of the States of Nevada and Utah and
the tribal government of each Indian tribe participating in the
Heritage Route, shall enter into a memorandum of understanding with the
local coordinating entity.
(b) Inclusions.--The memorandum of understanding shall include
information relating to the objectives and management of the Heritage
Route, including--
(1) a description of the resources of the Heritage Route;
(2) a discussion of the goals and objectives of the Heritage
Route, including--
(A) an explanation of the proposed approach to
conservation, development, and interpretation; and
(B) a general outline of the anticipated protection and
development measures;
(3) a description of the local coordinating entity;
(4) a list and statement of the financial commitment of the
initial partners to be involved in developing and implementing the
management plan; and
(5) a description of the role of the States of Nevada and Utah
in the management of the Heritage Route.
(c) Additional Requirements.--In developing the terms of the
memorandum of understanding, the Secretary and the local coordinating
entity shall--
(1) provide opportunities for local participation; and
(2) include terms that ensure, to the maximum extent
practicable, timely implementation of all aspects of the memorandum
of understanding.
(d) Amendments.--
(1) In general.--The Secretary shall review any amendments of
the memorandum of understanding proposed by the local coordinating
entity or the Governor of the State of Nevada or Utah.
(2) Use of funds.--Funds made available under this subtitle
shall not be expended to implement a change made by a proposed
amendment described in paragraph (1) until the Secretary approves
the amendment.
SEC. 291E. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this subtitle, the local
coordinating entity shall develop and submit to the Secretary for
approval a management plan for the Heritage Route that--
(1) specifies--
(A) any resources designated by the local coordinating
entity under section 291C(a); and
(B) the specific boundaries of the Heritage Route, as
determined under section 291C(b); and
(2) presents clear and comprehensive recommendations for the
conservation, funding, management, and development of the Heritage
Route.
(b) Considerations.--In developing the management plan, the local
coordinating entity shall--
(1) provide for the participation of local residents, public
agencies, and private organizations located within the counties of
Millard County, Utah, White Pine County, Nevada, and the Duckwater
Shoshone Reservation in the protection and development of resources
of the Heritage Route, taking into consideration State, tribal,
county, and local land use plans in existence on the date of
enactment of this Act;
(2) identify sources of funding;
(3) include--
(A) a program for implementation of the management plan by
the local coordinating entity, including--
(i) plans for restoration, stabilization,
rehabilitation, and construction of public or tribal
property; and
(ii) specific commitments by the identified partners
referred to in section 291D(b)(4) for the first 5 years of
operation; and
(B) an interpretation plan for the Heritage Route; and
(4) develop a management plan that will not infringe on private
property rights without the consent of the owner of the private
property.
(c) Failure To Submit.--If the local coordinating entity fails to
submit a management plan to the Secretary in accordance with subsection
(a), the Heritage Route shall no longer qualify for Federal funding.
(d) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receipt of a
management plan under subsection (a), the Secretary, in
consultation with the Governors of the States of Nevada and Utah,
shall approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve a management
plan, the Secretary shall consider whether the management plan--
(A) has strong local support from a diversity of
landowners, business interests, nonprofit organizations, and
governments associated with the Heritage Route;
(B) is consistent with and complements continued economic
activity along the Heritage Route;
(C) has a high potential for effective partnership
mechanisms;
(D) avoids infringing on private property rights; and
(E) provides methods to take appropriate action to ensure
that private property rights are observed.
(3) Action following disapproval.--If the Secretary disapproves
a management plan under paragraph (1), the Secretary shall--
(A) advise the local coordinating entity in writing of the
reasons for the disapproval;
(B) make recommendations for revisions to the management
plan; and
(C) not later than 90 days after the receipt of any
proposed revision of the management plan from the local
coordinating entity, approve or disapprove the proposed
revision.
(e) Implementation.--On approval of the management plan as provided
in subsection (d)(1), the local coordinating entity, in conjunction
with the Secretary, shall take appropriate steps to implement the
management plan.
(f) Amendments.--
(1) In general.--The Secretary shall review each amendment to
the management plan that the Secretary determines may make a
substantial change to the management plan.
(2) Use of funds.--Funds made available under this subtitle
shall not be expended to implement an amendment described in
paragraph (1) until the Secretary approves the amendment.
SEC. 291F. AUTHORITY AND DUTIES OF LOCAL COORDINATING ENTITY.
(a) Authorities.--The local coordinating entity may, for purposes
of preparing and implementing the management plan, use funds made
available under this subtitle to--
(1) make grants to, and enter into cooperative agreements with,
a State (including a political subdivision), an Indian tribe, a
private organization, or any person; and
(2) hire and compensate staff.
(b) Duties.--In addition to developing the management plan, the
local coordinating entity shall--
(1) give priority to implementing the memorandum of
understanding and the management plan, including taking steps to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in--
(i) establishing and maintaining interpretive exhibits
along the Heritage Route;
(ii) developing recreational resources along the
Heritage Route;
(iii) increasing public awareness of and appreciation
for the archaeological, historical, cultural, natural,
scenic, and recreational resources and sites along the
Heritage Route; and
(iv) if requested by the owner, restoring, stabilizing,
or rehabilitating any private, public, or tribal historical
building relating to the themes of the Heritage Route;
(B) encourage economic viability and diversity along the
Heritage Route in accordance with the objectives of the
management plan; and
(C) encourage the installation of clear, consistent, and
environmentally appropriate signage identifying access points
and sites of interest along the Heritage Route;
(2) consider the interests of diverse governmental, business,
and nonprofit groups associated with the Heritage Route;
(3) conduct public meetings in the region of the Heritage Route
at least semiannually regarding the implementation of the
management plan;
(4) submit substantial amendments (including any increase of
more than 20 percent in the cost estimates for implementation) to
the management plan to the Secretary for approval by the Secretary;
and
(5) for any year for which Federal funds are received under
this subtitle--
(A) submit to the Secretary a report that describes, for
the year--
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordinating
entity; and
(iii) each entity to which any loan or grant was made;
(B) make available for audit all records pertaining to the
expenditure of the funds and any matching funds; and
(C) require, for all agreements authorizing the expenditure
of Federal funds by any entity, that the receiving entity make
available for audit all records pertaining to the expenditure
of the funds.
(c) Prohibition on the Acquisition of Real Property.--The local
coordinating entity shall not use Federal funds made available under
this subtitle to acquire real property or any interest in real
property.
(d) Prohibition on the Regulation of Land Use.--The local
coordinating entity shall not regulate land use within the Heritage
Route.
SEC. 291G. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, on request of the local
coordinating entity, provide technical and financial assistance to
develop and implement the management plan and memorandum of
understanding.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall, on request of the local
coordinating entity, give priority to actions that assist in--
(A) conserving the significant archaeological, historical,
cultural, natural, scenic, and recreational resources of the
Heritage Route; and
(B) providing education, interpretive, and recreational
opportunities, and other uses consistent with those resources.
(b) Application of Federal Law.--The establishment of the Heritage
Route shall have no effect on the application of any Federal law to any
property within the Heritage Route.
SEC. 291H. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.
(a) Land Use Regulation.--Nothing in this subtitle--
(1) modifies, enlarges, or diminishes any authority of the
Federal, State, tribal, or local government to regulate by law
(including by regulation) any use of land; or
(2) grants any power of zoning or land use to the local
coordinating entity.
(b) Applicability of Federal Law.--Nothing in this subtitle--
(1) imposes on the Heritage Route, as a result of the
designation of the Heritage Route, any regulation that is not
applicable to the area within the Heritage Route as of the date of
enactment of this Act; or
(2) authorizes any agency to promulgate a regulation that
applies to the Heritage Route solely as a result of the designation
of the Heritage Route under this subtitle.
SEC. 291I. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this subtitle $10,000,000, of which not more than $1,000,000 may be
made available for any fiscal year.
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of any
activity assisted under this subtitle shall not exceed 50 percent.
(2) Form of non-federal share.--The non-Federal share may be in
the form of in-kind contributions, donations, grants, and loans
from individuals and State or local governments or agencies.
SEC. 291J. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this
subtitle terminates on the date that is 15 years after the date of
enactment of this Act.
SEC. 291K. 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 Route 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 Route shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.
SEC. 291L. 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 Route 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 Route.--
Nothing in this title shall be construed to require the owner of any
private property located within the boundaries of the Heritage Route to
participate in or be associated with the Heritage Route.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Route represent the area within which Federal funds
appropriated for the purpose of this title may be expended. The
establishment of the Heritage Route and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Route or its viewshed by the Secretary, the
National Park Service, or the management entity.
Subtitle I--Gullah/Geechee Heritage Corridor
SEC. 295. SHORT TITLE.
This subtitle may be cited as the ``Gullah/Geechee Cultural
Heritage Act''.
SEC. 295A. PURPOSES.
The purposes of this subtitle are to--
(1) recognize the important contributions made to American
culture and history by African Americans known as the Gullah/
Geechee who settled in the coastal counties of South Carolina,
Georgia, North Carolina, and Florida;
(2) assist State and local governments and public and private
entities in South Carolina, Georgia, North Carolina, and Florida in
interpreting the story of the Gullah/Geechee and preserving Gullah/
Geechee folklore, arts, crafts, and music; and
(3) assist in identifying and preserving sites, historical
data, artifacts, and objects associated with the Gullah/Geechee for
the benefit and education of the public.
SEC. 295B. DEFINITIONS.
In this subtitle:
(1) Local coordinating entity.--The term ``local coordinating
entity'' means the Gullah/Geechee Cultural Heritage Corridor
Commission established by section 295D(a).
(2) Heritage corridor.--The term ``Heritage Corridor'' means
the Gullah/Geechee Cultural Heritage Corridor established by
section 295C(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 295C. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR.
(a) Establishment.--There is established the Gullah/Geechee
Cultural Heritage Corridor.
(b) Boundaries.--
(1) In general.--The Heritage Corridor shall be comprised of
those lands and waters generally depicted on a map entitled
``Gullah/Geechee Cultural Heritage Corridor'' numbered GGCHC 80,000
and dated September 2004. The map shall be on file and available
for public inspection in the appropriate offices of the National
Park Service and in an appropriate State office in each of the
States included in the Heritage Corridor. The Secretary shall
publish in the Federal Register, as soon as practicable after the
date of enactment of this Act, a detailed description and map of
the boundaries established under this subsection.
(2) Revisions.--The boundaries of the Heritage Corridor may be
revised if the revision is--
(A) proposed in the management plan developed for the
Heritage Corridor;
(B) approved by the Secretary in accordance with this
subtitle; and
(C) placed on file in accordance with paragraph (1).
(c) Administration.--The Heritage Corridor shall be administered in
accordance with the provisions of this subtitle.
SEC. 295D. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR COMMISSION.
(a) Establishment.--There is hereby established a local
coordinating entity to be known as the ``Gullah/Geechee Cultural
Heritage Corridor Commission'' whose purpose shall be to assist
Federal, State, and local authorities in the development and
implementation of a management plan for those land and waters specified
in section 295C(b).
(b) Membership.--The local coordinating entity shall be composed of
15 members appointed by the Secretary as follows:
(1) Four individuals nominated by the State Historic
Preservation Officer of South Carolina and two individuals each
nominated by the State Historic Preservation Officer of each of
Georgia, North Carolina, and Florida and appointed by the
Secretary.
(2) Two individuals from South Carolina and one individual from
each of Georgia, North Carolina, and Florida who are recognized
experts in historic preservation, anthropology, and folklore,
appointed by the Secretary.
(c) Terms.--Members of the local coordinating entity shall be
appointed to terms not to exceed 3 years. The Secretary may stagger the
terms of the initial appointments to the local coordinating entity in
order to assure continuity of operation. Any member of the local
coordinating entity may serve after the expiration of their term until
a successor is appointed. A vacancy shall be filled in the same manner
in which the original appointment was made.
(d) Termination.--The local coordinating entity shall terminate 10
years after the date of enactment of this Act.
SEC. 295E. OPERATION OF THE LOCAL COORDINATING ENTITY.
(a) Duties of the Local Coordinating Entity.--To further the
purposes of the Heritage Corridor, the local coordinating entity
shall--
(1) prepare and submit a management plan to the Secretary in
accordance with section 295F;
(2) assist units of local government and other persons in
implementing the approved management plan by--
(A) carrying out programs and projects that recognize,
protect, and enhance important resource values within the
Heritage Corridor;
(B) establishing and maintaining interpretive exhibits and
programs within the Heritage Corridor;
(C) developing recreational and educational opportunities
in the Heritage Corridor;
(D) increasing public awareness of and appreciation for the
historical, cultural, natural, and scenic resources of the
Heritage Corridor;
(E) protecting and restoring historic sites and buildings
in the Heritage Corridor that are consistent with Heritage
Corridor themes;
(F) ensuring that clear, consistent, and appropriate signs
identifying points of public access and sites of interest are
posted throughout the Heritage Corridor; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Corridor;
(3) consider the interests of diverse units of government,
business, organizations, and individuals in the Heritage Corridor
in the preparation and implementation of the management plan;
(4) conduct meetings open to the public at least quarterly
regarding the development and implementation of the management
plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the local coordinating entity receives Federal funds
under this subtitle, setting forth its accomplishments, expenses,
and income, including grants made 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 subtitle, all information
pertaining to the expenditure of such funds and any matching funds,
and require all agreements authorizing expenditures of Federal
funds by other organizations, that the receiving organization make
available for audit all records and other information pertaining to
the expenditure of such funds; and
(7) encourage by appropriate means economic viability that is
consistent with the purposes of the Heritage Corridor.
(b) Authorities.--The local coordinating entity may, for the
purposes of preparing and implementing the management plan, use funds
made available under this subtitle to--
(1) make grants to, and enter into cooperative agreements with,
the States of South Carolina, North Carolina, Florida, and Georgia,
political subdivisions of those States, a nonprofit organization,
or any person;
(2) hire and compensate staff;
(3) obtain funds from any source including any that are
provided under any other Federal law or program; and
(4) contract for goods and services.
SEC. 295F. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage Corridor
shall--
(1) include comprehensive policies, strategies, and
recommendations for conservation, funding, management, and
development of the Heritage Corridor;
(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
historical, cultural, and natural resources of the Heritage
Corridor;
(4) specify the existing and potential sources of funding to
protect, manage, and develop the Heritage Corridor in the first 5
years of implementation;
(5) include an inventory of the historical, cultural, natural,
resources of the Heritage Corridor related to the themes of the
Heritage Corridor that should be preserved, restored, managed,
developed, or maintained;
(6) recommend policies and strategies for resource management
that consider and detail the application of appropriate land and
water management techniques, including the development of
intergovernmental and interagency cooperative agreements to protect
the Heritage Corridor's historical, cultural, and natural
resources;
(7) describe a program for implementation of the management
plan including plans for resources protection, restoration,
construction, and specific commitments for implementation that have
been made by the local coordinating entity or any government,
organization, or individual for the first 5 years of
implementation;
(8) include an analysis and recommendations for the ways in
which Federal, State, or local programs may best be coordinated to
further the purposes of this subtitle; and
(9) include an interpretive plan for the Heritage Corridor.
(b) Submittal of Management Plan.--The local coordinating entity
shall submit the management plan to the Secretary for approval not
later than 3 years after funds are made available for this subtitle.
(c) Failure To Submit.--If the local coordinating entity fails to
submit the management plan to the Secretary in accordance with
subsection (b), the Heritage Corridor shall not qualify for Federal
funding until the management plan is submitted.
(d) Approval or 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.--In determining whether to approve the management
plan, the Secretary shall consider whether--
(A) the local coordinating entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the management
plan;
(B) the resource preservation and interpretation strategies
contained in the management plan would adequately protect the
cultural and historic resources of the Heritage Corridor; and
(C) the Secretary has received adequate assurances from
appropriate State and local officials whose support is needed
to ensure the effective implementation of the State and local
aspects of the plan.
(3) Action following disapproval.--If the Secretary disapproves
the management plan, the Secretary shall advise the local
coordinating 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 not later
than 60 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed and approved by the Secretary in
the same manner as provided in the original management plan. The
local coordinating entity shall not use Federal funds authorized by
this subtitle to implement any amendments until the Secretary has
approved the amendments.
SEC. 295G. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--Upon a request of the local coordinating entity,
the Secretary may provide technical and financial assistance for the
development and implementation of the management plan.
(b) Priority for Assistance.--In providing assistance under
subsection (a), the Secretary shall give priority to actions that
assist in--
(1) conserving the significant cultural, historical, and
natural resources of the Heritage Corridor; and
(2) providing educational and interpretive opportunities
consistent with the purposes of the Heritage Corridor.
(c) Spending for Non-Federal Property.--
(1) In general.--The local coordinating entity may expend
Federal funds made available under this subtitle on nonfederally
owned property that is--
(A) identified in the management plan; or
(B) listed or eligible for listing on the National Register
for Historic Places.
(2) Agreements.--Any payment of Federal funds made pursuant to
this subtitle shall be subject to an agreement that conversion,
use, or disposal of a project so assisted for purposes contrary to
the purposes of this subtitle, as determined by the Secretary,
shall result in a right of the United States to compensation of all
funds made available to that project or the proportion of the
increased value of the project attributable to such funds as
determined at the time of such conversion, use, or disposal,
whichever is greater.
SEC. 295H. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities directly
affecting the Heritage Corridor shall--
(1) consult with the Secretary and the local coordinating
entity with respect to such activities;
(2) cooperate with the Secretary and the local coordinating
entity in carrying out their duties under this subtitle 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 in which the local coordinating entity
determines will not have an adverse effect on the Heritage
Corridor.
SEC. 295I. COASTAL HERITAGE CENTERS.
In furtherance of the purposes of this subtitle and using the
authorities made available under this subtitle, the local coordinating
entity shall establish one or more Coastal Heritage Centers at
appropriate locations within the Heritage Corridor in accordance with
the preferred alternative identified in the Record of Decision for the
Low Country Gullah Culture Special Resource Study and Environmental
Impact Study, December 2003, and additional appropriate sites.
SEC. 295J. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this subtitle 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 subtitle shall be construed to modify any
provision of Federal, State, or local law with regard to public access
to or use of private lands.
(b) Liability.--Designation of the Heritage 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
subtitle shall be construed to modify any authority of Federal, State,
or local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage
Corridor.--Nothing in this subtitle shall be construed to require the
owner of any private property located within the boundaries of the
Heritage Corridor to participate in or be associated with the Heritage
Corridor.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Corridor represent the area within which Federal funds
appropriated for the purpose of this subtitle shall be expended. The
establishment of the Heritage Corridor and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Corridor or its viewshed by the Secretary or the
local coordinating entity.
(f) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Corridor until the owner of that
private property has been notified in writing by the local coordinating
entity and has given written consent for such preservation,
conservation, or promotion to the local coordinating entity.
(g) Landowner Withdrawal.--Any owner of private property included
within the boundary of the Heritage Corridor shall have their property
immediately removed from within the boundary by submitting a written
request to the local coordinating entity.
SEC. 295K. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for the
purposes of this subtitle 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 Corridor under this subtitle.
(b) Cost Share.--Federal funding provided under this subtitle may
not exceed 50 percent of the total cost of any activity for which
assistance is provided under this subtitle.
(c) In-Kind Contributions.--The Secretary may accept in-kind
contributions as part of the non-Federal cost share of any activity for
which assistance is provided under this subtitle.
SEC. 295L. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this
subtitle terminates on the date that is 15 years after the date of
enactment of this Act.
Subtitle J--Crossroads of the American Revolution National Heritage
Area
SEC. 297. SHORT TITLE.
This subtitle may be cited as the ``Crossroads of the American
Revolution National Heritage Area Act of 2006''.
SEC. 297A. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the State of New Jersey was critically important during the
American Revolution because of the strategic location of the State
between the British armies headquartered in New York City, New
York, and the Continental Congress in the city of Philadelphia,
Pennsylvania;
(2) General George Washington spent almost half of the period
of the American Revolution personally commanding troops of the
Continental Army in the State of New Jersey, including 2 severe
winters spent in encampments in the area that is now Morristown
National Historical Park, a unit of the National Park System;
(3) it was during the 10 crucial days of the American
Revolution between December 25, 1776, and January 3, 1777, that
General Washington, after retreating across the State of New Jersey
from the State of New York to the Commonwealth of Pennsylvania in
the face of total defeat, recrossed the Delaware River on the night
of December 25, 1776, and went on to win crucial battles at Trenton
and Princeton in the State of New Jersey;
(4) Thomas Paine, who accompanied the troops during the
retreat, described the events during those days as ``the times that
try men's souls'';
(5) the sites of 296 military engagements are located in the
State of New Jersey, including--
(A) several important battles of the American Revolution
that were significant to--
(i) the outcome of the American Revolution; and
(ii) the history of the United States; and
(B) several national historic landmarks, including
Washington's Crossing, the Old Trenton Barracks, and Princeton,
Monmouth, and Red Bank Battlefields;
(6) additional national historic landmarks in the State of New
Jersey include the homes of--
(A) Richard Stockton, Joseph Hewes, John Witherspoon, and
Francis Hopkinson, signers of the Declaration of Independence;
(B) Elias Boudinout, President of the Continental Congress;
and
(C) William Livingston, patriot and Governor of the State
of New Jersey from 1776 to 1790;
(7) portions of the landscapes important to the strategies of
the British and Continental armies, including waterways, mountains,
farms, wetlands, villages, and roadways--
(A) retain the integrity of the period of the American
Revolution; and
(B) offer outstanding opportunities for conservation,
education, and recreation;
(8) the National Register of Historic Places lists 251
buildings and sites in the National Park Service study area for the
Crossroads of the American Revolution that are associated with the
period of the American Revolution;
(9) civilian populations residing in the State of New Jersey
during the American Revolution suffered extreme hardships because
of--
(A) the continuous conflict in the State;
(B) foraging armies; and
(C) marauding contingents of loyalist Tories and rebel
sympathizers;
(10) because of the important role that the State of New Jersey
played in the successful outcome of the American Revolution, there
is a Federal interest in developing a regional framework to assist
the State of New Jersey, local governments and organizations, and
private citizens in--
(A) preserving and protecting cultural, historic, and
natural resources of the period; and
(B) bringing recognition to those resources for the
educational and recreational benefit of the present and future
generations of citizens of the United States; and
(11) the National Park Service has conducted a national
heritage area feasibility study in the State of New Jersey that
demonstrates that there is a sufficient assemblage of nationally
distinctive cultural, historic, and natural resources necessary to
establish the Crossroads of the American Revolution National
Heritage Area.
(b) Purposes.--The purposes of this subtitle are--
(1) to assist communities, organizations, and citizens in the
State of New Jersey in preserving--
(A) the special historic identity of the State; and
(B) the importance of the State to the United States;
(2) to foster a close working relationship among all levels of
government, the private sector, and local communities in the State;
(3) to provide for the management, preservation, protection,
and interpretation of the cultural, historic, and natural resources
of the State for the educational and inspirational benefit of
future generations;
(4) to strengthen the value of Morristown National Historical
Park as an asset to the State by--
(A) establishing a network of related historic resources,
protected landscapes, educational opportunities, and events
depicting the landscape of the State of New Jersey during the
American Revolution; and
(B) establishing partnerships between Morristown National
Historical Park and other public and privately owned resources
in the Heritage Area that represent the strategic fulcrum of
the American Revolution; and
(5) to authorize Federal financial and technical assistance for
the purposes described in paragraphs (1) through (4).
SEC. 297B. DEFINITIONS.
In this subtitle:
(1) Heritage area.--The term ``Heritage Area'' means the
Crossroads of the American Revolution National Heritage Area
established by section 297C(a).
(2) Local coordinating entity.--The term ``local coordinating
entity'' means the local coordinating entity for the Heritage Area
designated by section 297C(d).
(3) Management plan.--The term ``management plan'' means the
management plan for the Heritage Area developed under section 297D.
(4) Map.--The term ``map'' means the map entitled ``Crossroads
of the American Revolution National Heritage Area'', numbered CRRE/
80,000, and dated April 2002.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means the State of New Jersey.
SEC. 297C. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL HERITAGE
AREA.
(a) Establishment.--There is established in the State the
Crossroads of the American Revolution National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the land and
water within the boundaries of the Heritage Area, as depicted on the
map.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Local Coordinating Entity.--The Crossroads of the American
Revolution Association, Inc., a nonprofit corporation in the State,
shall be the local coordinating entity for the Heritage Area.
SEC. 297D. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this subtitle, the local
coordinating entity shall develop and forward to the Secretary a
management plan for the Heritage Area.
(b) Requirements.--The management plan 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;
(3) describe actions that units of local government, private
organizations, and individuals have agreed to take to protect the
cultural, historic, and natural resources of the Heritage Area;
(4) identify existing and potential sources of funding for the
protection, management, and development of the Heritage Area during
the first 5 years of implementation of the management plan; and
(5) include--
(A) an inventory of the cultural, educational, historic,
natural, recreational, and scenic resources of the Heritage
Area relating to the themes of the Heritage Area that should be
restored, managed, or developed;
(B) recommendations of policies and strategies for resource
management that result in--
(i) application of appropriate land and water
management techniques; and
(ii) development of intergovernmental and interagency
cooperative agreements to protect the cultural,
educational, historic, natural, recreational, and scenic
resources of the Heritage Area;
(C) a program of implementation of the management plan that
includes for the first 5 years of implementation--
(i) plans for resource protection, restoration,
construction; and
(ii) specific commitments for implementation that have
been made by the local coordinating entity or any
government, organization, or individual;
(D) an analysis of and recommendations for ways in which
Federal, State, and local programs, including programs of the
National Park Service, may be best coordinated to promote the
purposes of this subtitle; and
(E) an interpretive plan for the Heritage Area.
(c) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after the date of
receipt of the management plan under subsection (a), the Secretary
shall approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve the management
plan, the Secretary shall consider whether--
(A) the Board of Directors of the local coordinating entity
is representative of the diverse interests of the Heritage
Area, including--
(i) governments;
(ii) natural and historic resource protection
organizations;
(iii) educational institutions;
(iv) businesses; and
(v) recreational organizations;
(B) the local coordinating entity provided adequate
opportunity for public and governmental involvement in the
preparation of the management plan, including public hearings;
(C) the resource protection and interpretation strategies
in the management plan would adequately protect the cultural,
historic, and natural resources of the Heritage Area; and
(D) the Secretary has received adequate assurances from the
appropriate State and local officials whose support is needed
to ensure the effective implementation of the State and local
aspects of the management plan.
(3) Action following disapproval.--If the Secretary disapproves
the management plan under paragraph (1), the Secretary shall--
(A) advise the local coordinating entity in writing of the
reasons for the disapproval;
(B) make recommendations for revisions to the management
plan; and
(C) not later than 60 days after the receipt of any
proposed revision of the management plan from the local
coordinating entity, approve or disapprove the proposed
revision.
(d) Amendments.--
(1) In general.--The Secretary shall approve or disapprove each
amendment to the management plan that the Secretary determines may
make a substantial change to the management plan.
(2) Use of funds.--Funds made available under this subtitle
shall not be expended by the local coordinating entity to implement
an amendment described in paragraph (1) until the Secretary
approves the amendment.
(e) Implementation.--On completion of the 3-year period described
in subsection (a), any funding made available under this subtitle shall
be made available to the local coordinating entity only for
implementation of the approved management plan.
SEC. 297E. AUTHORITIES, DUTIES, AND PROHIBITIONS APPLICABLE TO THE
LOCAL COORDINATING ENTITY.
(a) Authorities.--For purposes of preparing and implementing the
management plan, the local coordinating entity may use funds made
available under this subtitle to--
(1) make grants to, provide technical assistance to, and enter
into cooperative agreements with, the State (including a political
subdivision), a nonprofit organization, or any other person;
(2) hire and compensate staff, including individuals with
expertise in--
(A) cultural, historic, or natural resource protection; or
(B) heritage programming;
(3) obtain funds or services from any source (including a
Federal law or program);
(4) contract for goods or services; and
(5) support any other activity--
(A) that furthers the purposes of the Heritage Area; and
(B) that is consistent with the management plan.
(b) Duties.--In addition to developing the management plan, the
local coordinating entity shall--
(1) 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 in the Heritage
Area;
(B) establishing and maintaining interpretive exhibits and
programs in the Heritage Area;
(C) developing recreational and educational opportunities
in the Heritage Area;
(D) increasing public awareness of and appreciation for
cultural, historic, and natural resources of the Heritage Area;
(E) protecting and restoring historic sites and buildings
that are--
(i) located in the Heritage Area; and
(ii) related to the themes of the Heritage Area;
(F) ensuring that clear, consistent, and appropriate signs
identifying points of public access and sites of interest are
installed 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;
(2) in preparing and implementing the management plan, consider
the interests of diverse units of government, businesses,
organizations, and individuals in the Heritage Area;
(3) conduct public meetings at least semiannually regarding the
development and implementation of the management plan;
(4) for any fiscal year for which Federal funds are received
under this subtitle--
(A) submit to the Secretary a report that describes for the
year--
(i) the accomplishments of the local coordinating
entity;
(ii) the expenses and income of the local coordinating
entity; and
(iii) each entity to which a grant was made;
(B) make available for audit all information relating to
the expenditure of the funds and any matching funds; and
(C) require, for all agreements authorizing expenditures of
Federal funds by any entity, that the receiving entity make
available for audit all records and other information relating
to the expenditure of the funds;
(5) encourage, by appropriate means, economic viability that is
consistent with the purposes of the Heritage Area; and
(6) maintain headquarters for the local coordinating entity at
Morristown National Historical Park and in Mercer County.
(c) Prohibition on the Acquisition of Real Property.--
(1) Federal funds.--The local coordinating entity shall not use
Federal funds made available under this subtitle to acquire real
property or any interest in real property.
(2) Other funds.--Notwithstanding paragraph (1), the local
coordinating entity may acquire real property or an interest in
real property using any other source of funding, including other
Federal funding.
SEC. 297F. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance to the Heritage Area for the development and
implementation of the management plan.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall give priority to actions that
assist in--
(A) conserving the significant cultural, historic, natural,
and scenic resources of the Heritage Area; and
(B) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(3) Operational assistance.--Subject to the availability of
appropriations, the Superintendent of Morristown National
Historical Park may, on request, provide to public and private
organizations in the Heritage Area, including the local
coordinating entity, any operational assistance that is appropriate
for the purpose of supporting the implementation of the management
plan.
(4) Preservation of historic properties.--To carry out the
purposes of this subtitle, the Secretary may provide assistance to
a State or local government or nonprofit organization to provide
for the appropriate treatment of--
(A) historic objects; or
(B) structures that are listed or eligible for listing on
the National Register of Historic Places.
(5) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and other
public or private entities to carry out this subsection.
(b) Other Federal Agencies.--Any Federal agency conducting or
supporting an activity that directly affects the Heritage Area shall--
(1) consult with the Secretary and the local coordinating
entity regarding the activity;
(2)(A) cooperate with the Secretary and the local coordinating
entity in carrying out the of the Federal agency under this
subtitle; and
(B) to the maximum extent practicable, coordinate the activity
with the carrying out of those duties; and
(3) to the maximum extent practicable, conduct the activity to
avoid adverse effects on the Heritage Area.
SEC. 297G. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this subtitle $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 cost of any
activity assisted under this subtitle shall be not more than 50
percent.
SEC. 297H. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this
subtitle terminates on the date that is 15 years after the date of
enactment of this Act.
SEC. 297I. 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. 297J. 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.
TITLE III--NATIONAL HERITAGE AREA STUDIES
Subtitle A--Western Reserve Heritage Area Study
SEC. 301. SHORT TITLE.
This subtitle may be cited as the ``Western Reserve Heritage Areas
Study Act''.
SEC. 302. NATIONAL PARK SERVICE STUDY REGARDING THE WESTERN RESERVE,
OHIO.
(a) Findings.--The Congress finds the following:
(1) The area that encompasses the modern-day counties of
Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga,
Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland in Ohio
with the rich history in what was once the Western Reserve, has
made a unique contribution to the cultural, political, and
industrial development of the United States.
(2) The Western Reserve is distinctive as the land settled by
the people of Connecticut after the Revolutionary War. The Western
Reserve holds a unique mark as the original wilderness land of the
West that many settlers migrated to in order to begin life outside
of the original 13 colonies.
(3) The Western Reserve played a significant role in providing
land to the people of Connecticut whose property and land was
destroyed during the Revolution. These settlers were descendants of
the brave immigrants who came to the Americas in the 17th century.
(4) The Western Reserve offered a new destination for those who
moved west in search of land and prosperity. The agricultural and
industrial base that began in the Western Reserve still lives
strong in these prosperous and historical counties.
(5) The heritage of the Western Reserve remains transfixed in
the counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua,
Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and
Ashland in Ohio. The people of these counties are proud of their
heritage as shown through the unwavering attempts to preserve
agricultural land and the industrial foundation that has been
embedded in this region since the establishment of the Western
Reserve. Throughout these counties, historical sites, and markers
preserve the unique traditions and customs of its original
heritage.
(6) The counties that encompass the Western Reserve continue to
maintain a strong connection to its historic past as seen through
its preservation of its local heritage, including historic homes,
buildings, and centers of public gatherings.
(7) There is a need for assistance for the preservation and
promotion of the significance of the Western Reserve as the
natural, historic and cultural heritage of the counties of
Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga,
Summit, Medina, Huron, Lorain, Erie, Ottawa and Ashland in Ohio.
(8) The Department of the Interior is responsible for
protecting the Nation's cultural and historical resources. There
are significant examples of such resources within these counties
and what was once the Western Reserve to merit the involvement of
the Federal Government in the development of programs and projects,
in cooperation with the State of Ohio and other local governmental
entities, to adequately conserve, protect, and interpret this
heritage for future generations, while providing opportunities for
education and revitalization.
(b) Study.--
(1) In general.--The Secretary, acting through the National
Park Service Rivers, Trails, and Conservation Assistance Program,
Midwest Region, and in consultation with the State of Ohio, the
counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake,
Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland,
and other appropriate organizations, shall carry out a study
regarding the suitability and feasibility of establishing the
Western Reserve Heritage Area in these counties in Ohio.
(2) Contents.--The study shall include analysis and
documentation regarding whether the Study Area--
(A) 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;
(B) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the national story;
(C) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(D) provides outstanding recreational and educational
opportunities;
(E) contains resources important to the identified theme or
themes of the Study Area that retain a degree of integrity
capable of supporting interpretation;
(F) 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 for all participants, including
the Federal Government, and have demonstrated support for the
concept of a national heritage area;
(G) has a potential local coordinating 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;
(H) has a conceptual boundary map that is supported by the
public; and
(I) has potential or actual impact on private property
located within or abutting the Study Area.
(c) Boundaries of the Study Area.--The Study Area shall be
comprised of the counties of Trumbull, Mahoning, Ashtabula, Portage,
Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa,
and Ashland in Ohio.
Subtitle B--St. Croix National Heritage Area Study
SEC. 311. SHORT TITLE.
This subtitle may be cited as the ``St. Croix National Heritage
Area Study Act''.
SEC. 312. STUDY.
(a) In General.--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 local coordinating 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.
(b) 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.
(c) Private Property.--In conducting the study required by this
section, the Secretary of the Interior shall analyze the potential
impact that designation of the area as a national heritage area is
likely to have on land within the proposed area or bordering the
proposed area that is privately owned at the time that the study is
conducted.
Subtitle C--Southern Campaign of the Revolution
SEC. 321. SHORT TITLE.
This subtitle may be cited as the ``Southern Campaign of the
Revolution Heritage Area Study Act''.
SEC. 322. SOUTHERN CAMPAIGN OF THE REVOLUTION HERITAGE AREA STUDY.
(a) Study.--The Secretary of the Interior, in consultation with
appropriate State historic preservation officers, States historical
societies, the South Carolina Department of Parks, Recreation, and
Tourism, and other appropriate organizations, shall conduct a study
regarding the suitability and feasibility of designating the study area
described in subsection (b) as the Southern Campaign of the Revolution
Heritage Area. The study shall include analysis, documentation, and
determination regarding whether the study area--
(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 study area 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 local coordinating 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.
(b) Study Area.--
(1) In general.--
(A) South carolina.--The study area shall include the
following counties in South Carolina: Anderson, Pickens,
Greenville County, Spartanburg, Cherokee County, Greenwood,
Laurens, Union, York, Chester, Darlington, Florence,
Chesterfield, Marlboro, Fairfield, Richland, Lancaster,
Kershaw, Sumter, Orangeburg, Georgetown, Dorchester, Colleton,
Charleston, Beaufort, Calhoun, Clarendon, and Williamsburg.
(B) North carolina.--The study area may include sites and
locations in North Carolina as appropriate.
(2) Specific sites.--The heritage area may include the
following sites of interest:
(A) National park service site.--Kings Mountain National
Military Park, Cowpens National Battlefield, Fort Moultrie
National Monument, Charles Pickney National Historic Site, and
Ninety Six National Historic Site as well as the National Park
Affiliate of Historic Camden Revolutionary War Site.
(B) State-maintained sites.--Colonial Dorchester State
Historic Site, Eutaw Springs Battle Site, Hampton Plantation
State Historic Site, Landsford Canal State Historic Site,
Andrew Jackson State Park, and Musgrove Mill State Park.
(C) Communities.--Charleston, Beaufort, Georgetown,
Kingstree, Cheraw, Camden, Winnsboro, Orangeburg, and Cayce.
(D) Other key sites open to the public.--Middleton Place,
Goose Creek Church, Hopsewee Plantation, Walnut Grove
Plantation, Fort Watson, and Historic Brattonsville.
(c) Report.--Not later than 3 fiscal years after the date on which
funds are first made available to carry out this subtitle, 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.
SEC. 323. PRIVATE PROPERTY.
In conducting the study required by this subtitle, 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--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT
AMENDMENTS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Illinois and Michigan Canal
National Heritage Corridor Act Amendments of 2006''.
SEC. 402. TRANSITION AND PROVISIONS FOR NEW LOCAL COORDINATING 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 local coordinating 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 LOCAL COORDINATING ENTITY.
``Upon the termination of the Commission, the local coordinating
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
enactment of this section.''.
SEC. 403. 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 402) 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 Withdrawal.--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. 404. 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 V--MOKELUMNE RIVER FEASIBILITY STUDY
SEC. 501. AUTHORIZATION OF MOKELUMNE RIVER REGIONAL WATER STORAGE AND
CONJUNCTIVE USE PROJECT STUDY.
Pursuant to the Reclamation Act of 1902 (32 Stat. 388) and Acts
amendatory thereof and supplemental thereto, not later than 2 years
after the date of the enactment of this Act, the Secretary of the
Interior (hereafter in this title referred to as the ``Secretary''),
through the Bureau of Reclamation, and in consultation and cooperation
with the Mokelumne River Water and Power Authority, shall complete and
submit to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate copies
of a study to determine the feasibility of constructing a project to
provide additional water supply and improve water management
reliability through the development of new water storage and
conjunctive use programs.
SEC. 502. USE OF REPORTS AND OTHER INFORMATION.
In developing the study under section 501, the Secretary shall
use, as appropriate, reports and any other relevant information
supplied by the Mokelumne River Water and Power Authority, the East Bay
Municipal Utility District, and other Mokelumne River Forum
stakeholders.
SEC. 503. COST SHARES.
(a) Federal Share.--The Federal share of the costs of the study
conducted under this title shall not exceed 50 percent of the total
cost of the study.
(b) In-Kind Contributions.--The Secretary shall accept, as
appropriate, such in-kind contributions of goods or services from the
Mokelumne River Water and Power Authority as the Secretary determines
will contribute to the conduct and completion of the study conducted
under this title. Goods and services accepted under this section shall
be counted as part of the non-Federal cost share for that study.
SEC. 504. WATER RIGHTS.
Nothing in this title shall be construed to invalidate, preempt,
or create any exception to State water law, State water rights, or
Federal or State permitted activities or agreements.
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary $3,300,000
for the Federal cost share of the study conducted under this title.
TITLE VI--DELAWARE NATIONAL COASTAL SPECIAL RESOURCES STUDY
SEC. 601. SHORT TITLE.
This title may be cited as the ``Delaware National Coastal Special
Resources Study Act''.
SEC. 602. STUDY.
(a) In General.--The Secretary of the Interior (referred to in this
title as the ``Secretary'') shall conduct a special resources study of
the national significance, suitability, and feasibility of including
sites in the coastal region of the State of Delaware in the National
Park System.
(b) Inclusion of Sites in the National Park System.--The study
under subsection (a) shall include an analysis and any recommendations
of the Secretary concerning the suitability and feasibility of
designating 1 or more of the sites along the Delaware coast, including
Fort Christina, as a unit of the National Park System that relates to
the themes described in section 603.
(c) Study Guidelines.--In conducting the study authorized under
subsection (a), the Secretary shall use the criteria for the study of
areas for potential inclusion in the National Park System contained in
section 8 of Public Law 91-383 (16 U.S.C. 1a-5).
(d) Consultation.--In preparing and conducting the study under
subsection (a), the Secretary shall consult with--
(1) the State of Delaware;
(2) the coastal region communities;
(3) owners of private property that would likely be impacted by
a National Park Service designation; and
(4) the general public.
SEC. 603. THEMES.
The study authorized under section 602 shall evaluate sites along
the coastal region of the State of Delaware that relate to--
(1) the history of indigenous peoples, which would explore the
history of Native American tribes of Delaware, such as the
Nanticoke and Lenni Lenape;
(2) the colonization and establishment of the frontier, which
would chronicle the first European settlers in the Delaware Valley
who built fortifications for the protection of settlers, such as
Fort Christina;
(3) the founding of a nation, which would document the
contributions of Delaware to the development of our constitutional
republic;
(4) industrial development, which would investigate the
exploitation of water power in Delaware with the mill development
on the Brandywine River;
(5) transportation, which would explore how water served as the
main transportation link, connecting Colonial Delaware with
England, Europe, and other colonies;
(6) coastal defense, which would document the collection of
fortifications spaced along the river and bay from Fort Delaware on
Pea Patch Island to Fort Miles near Lewes;
(7) the last stop to freedom, which would detail the role
Delaware has played in the history of the Underground Railroad
network; and
(8) the coastal environment, which would examine natural
resources of Delaware that provide resource-based recreational
opportunities such as crabbing, fishing, swimming, and boating.
SEC. 604. REPORT.
Not later than 2 years after funds are made available to carry out
this title under section 605, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives a report
containing the findings, conclusions, and recommendations of the study
conducted under section 602.
TITLE VII--JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR REAUTHORIZATION
SEC. 701. SHORT TITLE.
This title may be cited as the ``John H. Chafee Blackstone River
Valley National Heritage Corridor Reauthorization Act of 2006''.
SEC. 702. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR.
(a) Commission Membership.--Section 3(b) of Public Law 99-647 (16
U.S.C. 461 note) is amended--
(1) by striking ``nineteen members'' and inserting ``25
members'';
(2) in paragraph (2)--
(A) by striking ``six'' and inserting ``6''; and
(B) by striking ``Department of Environmental Management
Directors from Rhode Island and Massachusetts'' and inserting
``the Director of the Rhode Island Department of Environmental
Management and the Secretary of the Massachusetts Executive
Office of Environmental Affairs'';
(3) in paragraph (3)--
(A) by striking ``four'' each place it appears and
inserting ``5''; and
(B) by striking ``and'' after the semicolon;
(4) in paragraph (4)--
(A) by striking ``two'' each place it appears and inserting
``3''; and
(B) by striking the period and inserting ``; and''; and
(5) by inserting after paragraph (4) the following:
``(5) 1 representative of a nongovernmental organization from
Massachusetts and 1 from Rhode Island, to be appointed by the
Secretary, which have expertise in historic preservation,
conservation, outdoor recreation, cultural conservation,
traditional arts, community development, or tourism.''.
(b) Quorum.--Section 3(f)(1) of Public Law 99-647 (16 U.S.C. 461
note) is amended by striking ``Ten'' and inserting ``13''.
(c) Update of Plan.--Section 6 of Public Law 99-647 (16 U.S.C. 461
note) is amended by adding at the end the following:
``(e) Update of Plan.--(1) Not later than 2 years after the date of
enactment of this subsection, the Commission shall update the plan
under subsection (a).
``(2) In updating the plan under paragraph (1), the Commission
shall take into account the findings and recommendations included in
the Blackstone Sustainability Study conducted by the National Park
Service Conservation Study Institute.
``(3) The update shall include--
``(A) performance goals; and
``(B) an analysis of--
``(i) options for preserving, enhancing, and interpreting
the resources of the Corridor;
``(ii) the partnerships that sustain those resources; and
``(iii) the funding program for the Corridor.
``(4)(A) Except as provided in subparagraph (B), the Secretary
shall approve or disapprove any changes to the plan proposed in the
update in accordance with subsection (b).
``(B) Minor revisions to the plan shall not be subject to the
approval of the Secretary.''.
(d) Extension of Commission.--Public Law 99-647 (16 U.S.C. 461
note) is amended by striking section 7 and inserting the following:
``SEC. 7. TERMINATION OF COMMISSION.
``The Commission shall terminate on the date that is 5 years after
the date of enactment of the John H. Chafee Blackstone River Valley
National Heritage Corridor Reauthorization Act of 2006.''.
(e) Special Resource Study.--Section 8 of Public Law 99-647 (16
U.S.C. 461 note) is amended by adding at the end the following:
``(d) Special Resource Study.--
``(1) In general.--The Secretary shall conduct a special
resource study of sites and associated landscape features within
the boundaries of the Corridor that contribute to the understanding
of the Corridor as the birthplace of the industrial revolution in
the United States.
``(2) Evaluation.--Not later than 3 years after the date on
which funds are made available to carry out this subsection, the
Secretary shall complete the study under paragraph (1) to evaluate
the possibility of--
``(A) designating 1 or more site or landscape feature as a
unit of the National Park System; and
``(B) coordinating and complementing actions by the
Commission, local governments, and State and Federal agencies,
in the preservation and interpretation of significant resources
within the Corridor.
``(3) Coordination.--The Secretary shall coordinate the Study
with the Commission.
``(4) Report.--Not later than 30 days after the date on which
the study under paragraph (1) is completed, 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 that describes--
``(A) the findings of the study; and
``(B) the conclusions and recommendations of the
Secretary.''.
(f) Authorization of Appropriations.--Section 10 of Public Law 99-
647 (16 U.S.C. 461 note) is amended--
(1) in subsection (a), by striking ``$650,000'' and inserting
``$1,000,000''; and
(2) by striking subsection (b) and inserting the following:
``(b) Development Funds.--There is authorized to be appropriated to
carry out section 8(c) not more than $10,000,000 for the period of
fiscal years 2006 through 2016, to remain available until expended.
``(c) Special Resource Study.--There are authorized to be
appropriated such sums as are necessary to carry out section 8(d).''.
SEC. 703. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE.
(a) Authorization of Appropriations.--Public Law 100-515 (16 U.S.C.
1244 note) is amended by striking section 6 and inserting the
following:
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
Secretary such sums as are necessary to carry out this Act.
``(b) Use of Funds.--
``(1) In general.--Amounts made available under subsection (a)
shall be used only for--
``(A) technical assistance; and
``(B) the design and fabrication of interpretative
materials, devices, and signs.
``(2) Limitations.--No funds made available under subsection
(a) shall be used for--
``(A) operation, repair, or construction costs, except for
the costs of constructing interpretative exhibits; or
``(B) operation, maintenance, or repair costs for any road
or related structure.
``(3) Cost-sharing requirement.--
``(A) Federal share.--The Federal share of any project
carried out with amounts made available under subsection (a)--
``(i) may not exceed 50 percent of the total project
costs; and
``(ii) shall be provided on a matching basis.
``(B) Form of non-federal share.--The non-Federal share of
carrying out a project with amounts made available under
subsection (a) may be in the form of cash, materials, or in-
kind services, the value of which shall be determined by the
Secretary.
``(c) Termination of Authority.--The authorities provided to the
Secretary under this Act shall terminate on September 30, 2007.''.
(b) Strategic Plan.--
(1) In general.--Not later than 3 years after the date on which
funds are made available, the Secretary of the Interior shall
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 the 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 VIII--CALIFORNIA RECLAMATION GROUNDWATER REMEDIATION INITIATIVE
SEC. 801. SHORT TITLE.
This title may be cited as the ``California Reclamation Groundwater
Remediation Initiative''.
SEC. 802. DEFINITIONS.
For the purposes of this title:
(1) Groundwater remediation.--The term ``groundwater
remediation'' means actions that are necessary to prevent,
minimize, or mitigate damage to groundwater.
(2) Local water authority.--The term ``local water authority''
means the Santa Clara Valley Water District or a public water
district, public water utility, public water planning agency,
municipality, or Indian tribe located within the Santa Clara
Valley; and a public water district, public water utility, public
water planning agency, municipality, or Indian tribe located within
the natural watershed of the Santa Ana river in the State of
California.
(3) Remediation fund.--The term ``Remediation Fund'' means the
California Basins Groundwater Remediation Fund established pursuant
to section 803(a).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 803. CALIFORNIA BASINS REMEDIATION.
(a) California Basins Remediation.--
(1) Establishment of remediation fund.--There shall be
established within the Treasury of the United States an interest
bearing account to be known as the California Basins Groundwater
Remediation Fund.
(2) Administration of remediation fund.--The Remediation Fund
shall be administered by the Secretary of the Interior, acting
through the Bureau of Reclamation. The Secretary shall administer
the Remediation Fund in cooperation with the local water authority.
(3) Purposes of remediation fund.--
(A) In general.--Subject to subparagraph (B), the amounts
in the Remediation Fund, including interest accrued, shall be
used by the Secretary to provide grants to the local water
authority to reimburse the local water authority for the
Federal share of the costs associated with designing and
constructing groundwater remediation projects to be
administered by the local water authority.
(B) Cost-sharing limitation.--
(i) In general.--The Secretary may not obligate any
funds appropriated to the Remediation Fund in a fiscal year
until the Secretary has deposited into the Remediation Fund
an amount provided by non-Federal interests sufficient to
ensure that at least 35 percent of any funds obligated by
the Secretary for a project are from funds provided to the
Secretary for that project by the non-Federal interests.
(ii) Non-federal responsibility.--Each local water
authority shall be responsible for providing the non-
Federal amount required by clause (i) for projects under
that local water authority. The State of California, local
government agencies, and private entities may provide all
or any portion of the non-Federal amount.
(iii) Credits toward non-federal share.--For purposes
of clause (ii), the Secretary shall credit the appropriate
local water authority with the value of all prior
expenditures by non-Federal interests made after January 1,
2000, that are compatible with the purposes of this
section, including--
(I) all expenditures made by non-Federal interests
to design and construct groundwater remediation
projects, including expenditures associated with
environmental analyses and public involvement
activities that were required to implement the
groundwater remediation projects in compliance with
applicable Federal and State laws; and
(II) all expenditures made by non-Federal interests
to acquire lands, easements, rights-of-way,
relocations, disposal areas, and water rights that were
required to implement a groundwater remediation
project.
(b) Compliance With Applicable Law.--In carrying out the activities
described in this section, the Secretary shall comply with any
applicable Federal and State laws.
(c) Relationship to Other Activities.--Nothing in this section
shall be construed to affect other Federal or State authorities that
are being used or may be used to facilitate remediation and protection
of any groundwater subbasin eligible for funding pursuant to this
title. In carrying out the activities described in this section, the
Secretary shall integrate such activities with ongoing Federal and
State projects and activities. None of the funds made available for
such activities pursuant to this section shall be counted against any
Federal authorization ceiling established for any previously authorized
Federal projects or activities.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Remediation Fund $25,000,000. Subject to the
limitations in section 804, such funds shall remain available until
expended.
SEC. 804. SUNSET OF AUTHORITY.
This title--
(1) shall take effect on the date of the enactment of this Act;
and
(2) is repealed effective as of the date that is 10 years after
the date of the enactment of this Act.
TITLE IX--NATIONAL COAL HERITAGE AREA
SEC. 901. NATIONAL COAL HERITAGE AREA AMENDMENTS.
Title I of Division II of the Omnibus Parks and Public Lands
Management Act of 1996 is amended as follows:
(1) In section 103(b)--
(A) by striking ``comprised of the counties'' and inserting
``shall be comprised of the following:
``(1) The counties; and''.
(B) by inserting after paragraph (1) (as so designated by
paragraph (1) of this subsection) the following new paragraphs:
``(2) Lincoln County, West Virginia.
``(3) Paint Creek and Cabin Creek within Kanawha County, West
Virginia.''.
(2) In section 104, by striking ``Governor'' and all that
follows through ``organizations'' 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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.