[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3755 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3755

 To establish the Niagara Falls National Heritage Area in the State of 
                   New York, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 27 (legislative day, July 26), 2006

  Mr. Schumer introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the Niagara Falls National Heritage Area in the State of 
                   New York, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Niagara Falls National Heritage Area 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Niagara Falls and the Niagara River Gorge are natural 
        phenomena that are--
                    (A) overwhelming in physical magnitude; and
                    (B) deeply embedded in the popular consciousness;
            (2) the Niagara River Gorge is an exceptionally scenic 
        corridor carved by the movement of Niagara Falls due to erosion 
        from the original location of Niagara Falls near Lewiston, New 
        York, a process that began more than 10,000 years ago;
            (3) Niagara Falls has been a leading international tourist 
        attraction for 200 years, influencing the development of 
        tourism and nature conservation in North America;
            (4) in approximately 1895, Niagara Falls became the 
        foremost source of hydroelectric power in North America, 
        stimulating the development of innovative heavy industries in 
        Niagara Falls and Buffalo, New York;
            (5) the 3 National Historic Landmarks along or near the 
        Niagara River are--
                    (A) the Adams Power Transformer House, in Niagara 
                Falls, which is the birthplace of the modern 
                hydroelectric power station;
                    (B) the Niagara Reservation, designed by landscape 
                architect Frederick Law Olmsted, which is considered to 
                be the oldest State park in the United States; and
                    (C) the Colonial Niagara Historic District, in 
                Lewiston and Youngstown, New York, which includes Old 
                Fort Niagara;
            (6) the Niagara River area, a boundary between the United 
        States and Canada--
                    (A) has played an important role in Indian culture, 
                the French and English colonial struggle to control 
                North America, the American Revolution, the War of 
                1812, and the Underground Railroad; and
                    (B) reflects national differences and similarities 
                between the United States and Canada; and
            (7) although concentrated primarily along the Niagara River 
        in Niagara County, New York, there are also important 
        thematically related sites located throughout Niagara and Erie 
        Counties, New York, that support and reinforce the important 
        stories and heritage of the Niagara region.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Niagara 
        Falls National Heritage Area Commission established by section 
        5(a).
            (2) Governor.--The term ``Governor'' means the Governor of 
        the State.
            (3) Heritage area.--The term ``Heritage Area'' means the 
        Niagara Falls National Heritage Area established by section 
        4(a).
            (4) Local coordinating entity.--The term ``local 
        coordinating entity'' means the local coordinating entity for 
        the Heritage Area designated by section 4(d)(1).
            (5) Management plan.--The term ``management plan'' means 
        the management plan for the Heritage Area developed under 
        section 6.
            (6) Map.--The term ``map'' means the map entitled ``Niagara 
        Falls National Heritage Area'', numbered P76/80,000, and dated 
        July 2006.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) State.--The term ``State'' means the State of New York.

SEC. 4. NIAGARA FALLS NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the Niagara 
Falls National Heritage Area.
    (b) Boundaries.--The National Heritage Area shall consist of--
            (1) the area from the western boundary of the town of 
        Wheatfield, New York, extending to the mouth of the Niagara 
        River on Lake Ontario, as depicted on the map, including--
                    (A) the city of Niagara Falls, New York;
                    (B) the villages of Youngstown and Lewiston, New 
                York; and
                    (C) land and water within the boundaries of the 
                Heritage Area in Niagara County, New York; and
            (2) any additional thematically related sites within Erie 
        and Niagara Counties, New York, that are identified in the 
        management plan under section 6(b)(6).
    (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.--
            (1) Designation.--The local coordinating entity for the 
        Heritage Area shall be--
                    (A) for the 5-year period beginning on the date of 
                enactment of this Act, the Commission; and
                    (B) on expiration of the 5-year period described in 
                subparagraph (A), a private nonprofit or governmental 
                organization designated by the Commission.
            (2) Authorities.--For purposes of implementing the 
        management plan, the local coordinating entity designated under 
        paragraph (1)(B) may use funds made available under this Act 
        to--
                    (A) make grants to, and enter into cooperative 
                agreements with, the State (including a political 
                subdivision of the State), nonprofit organizations, or 
                any person;
                    (B) hire and compensate staff; and
                    (C) enter into contracts for goods and services.
            (3) Duties.--Beginning on the date described in paragraph 
        (1)(B), the local coordinating entity designated by the 
        Commission under paragraph (1)(B) shall assume the duties of 
        the Commission described in section 5(h), other than the duties 
        described in paragraphs (1) and (8) of section 5(h).

SEC. 5. NIAGARA FALLS NATIONAL HERITAGE AREA COMMISSION.

    (a) Establishment.--There is established within the Department of 
the Interior the Niagara Falls National Heritage Area Commission.
    (b) Membership.--The Commission shall be composed of 17 members, of 
whom--
            (1) 1 member shall be the Director of the National Park 
        Service (or a designee);
            (2) 5 members shall be appointed by the Secretary, on the 
        recommendation of the Governor, from among individuals with 
        knowledge and experience of--
                    (A) the New York State Office of Parks, Recreation 
                and Historic Preservation, the Niagara River Greenway 
                Commission, the New York Power Authority, the USA 
                Niagara Development Corporation, and the Niagara 
                Tourism and Convention Corporation; or
                    (B) any successors of the agencies described in 
                subparagraph (A);
            (3) 1 member shall be appointed by the Secretary, on the 
        recommendation of the mayor of Niagara Falls, New York;
            (4) 1 member shall be appointed by the Secretary, on the 
        recommendation of the mayor of the village of Youngstown, New 
        York;
            (5) 1 member shall be appointed by the Secretary, on the 
        recommendation of the mayor of the village of Lewiston, New 
        York;
            (6) 1 member shall be appointed by the Secretary, on the 
        recommendation of the Tuscarora Nation;
            (7) 1 member shall be appointed by the Secretary, on the 
        recommendation of the Seneca Nation of Indians; and
            (8) 6 members shall be individuals that have an interest 
        in, support for, and expertise appropriate to tourism, regional 
        planning, history and historic preservation, cultural or 
        natural resource management, conservation, recreation, and 
        education, or museum services, of whom--
                    (A) 4 members shall be appointed by the Secretary, 
                on the recommendation of the 2 members of the Senate 
                from the State; and
                    (B) 2 members shall be appointed by the Secretary, 
                on the recommendation of the member of the House of 
                Representatives whose district encompasses the Heritage 
                Area.
    (c) Terms; Vacancies.--
            (1) Term.--A member of the Commission shall be appointed 
        for a term not to exceed 5 years.
            (2) Vacancies.--
                    (A) Partial term.--A member appointed to fill a 
                vacancy on the Commission shall serve for the remainder 
                of the term for which the predecessor of the member was 
                appointed.
                    (B) In general.--A vacancy on the Commission shall 
                be filled in the same manner as the original 
                appointment was made.
    (d) Chairperson and Vice Chairperson.--
            (1) Selection.--The Commission shall select a Chairperson 
        and Vice Chairperson from among the members of the Commission.
            (2) Vice chairperson.--The Vice Chairperson shall serve as 
        the Chairperson in the absence of the Chairperson.
    (e) Quorum.--
            (1) In general.--A majority of the members of the 
        Commission shall constitute a quorum.
            (2) Transaction.--For the transaction of any business or 
        the exercise of any power of the Commission, the Commission 
        shall have the power to act by a majority vote of the members 
        present at any meeting at which a quorum is in attendance.
    (f) Meetings.--
            (1) In general.--The Commission shall meet at least 
        quarterly at the call of--
                    (A) the Chairperson; or
                    (B) a majority of the members of the Commission.
            (2) Notice.--Notice of Commission meetings and agendas for 
        the meetings shall be published in local newspapers that are 
        distributed throughout the Heritage Area.
            (3) Applicable law.--Meetings of the Commission shall be 
        subject to section 552b of title 5, United States Code.
    (g) Powers of the Commission.--To the extent that Federal funds are 
appropriated, the Commission may--
            (1) enter into contracts and execute any instruments 
        necessary or appropriate to carry out the purposes for which 
        the Commission is established, including the authority to 
        procure temporary and intermittent services and administrative 
        facilities at rates determined to be reasonable by the 
        Commission to carry out the duties of the Commission;
            (2) appoint and fix the compensation of any staff that may 
        be necessary to carry out the duties of the Commission;
            (3) request and accept from the head of any Federal agency, 
        on a reimbursable or nonreimbursable basis, any personnel of 
        the Federal agency to the Commission to assist in carrying out 
        the duties of the Commission;
            (4) request and accept from the head of any State agency or 
        any agency of a political subdivision of the State, on a 
        reimbursable or nonreimbursable basis, any personnel of the 
        agency to the Commission to assist in carrying out the duties 
        of the Commission;
            (5) make grants to assist in the development and 
        implementation of the management plan;
            (6) negotiate and enter into any cooperative agreement, 
        lease, contract, or other arrangement with any person, firm, 
        association, organization, corporation, or governmental entity, 
        including Federal, State, tribal, and local government 
        entities, that is necessary to carry out the activities of the 
        Commission;
            (7) seek, accept, and dispose of gifts, bequests, grants, 
        or donations of money, personal property, or services;
            (8) assist in--
                    (A) developing educational, informational, and 
                interpretive programs and facilities; and
                    (B) any other activities that may promote the 
                implementation of the management plan;
            (9) use the United States mails in the same manner as other 
        agencies of the Federal Government;
            (10) establish any advisory groups that the Commission 
        determines to be necessary; and
            (11) adopt, amend, and enforce bylaws and rules governing 
        the manner in which--
                    (A) the business of the Commission may be 
                conducted; and
                    (B) the powers vested in the Commission may be 
                exercised.
    (h) Duties of the Commission.--To further the purposes of the 
Heritage Area, the Commission shall--
            (1) in accordance with section 6, develop and submit to the 
        Secretary for approval a management plan;
            (2) assist units of local government, regional planning 
        organizations, and nonprofit organizations in implementing the 
        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, historic, scenic, and 
                cultural resources of the Heritage Area;
                    (E) protecting and restoring historic sites and 
                buildings in the Heritage Area that are consistent with 
                the themes of the Heritage Area;
                    (F) ensuring that clear, consistent, and 
                appropriate 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 development and implementation of the management plan;
            (4) conduct meetings open to the public regarding the 
        development and implementation of the management plan;
            (5) coordinate projects, activities, and programs with the 
        Erie Canalway National Heritage Corridor;
            (6) for any fiscal year for which Federal funds have been 
        received by the Commission under this Act--
                    (A) submit an annual report to the Secretary that 
                describes--
                            (i) the specific performance goals and 
                        accomplishments of the local coordinating 
                        entity;
                            (ii) the expenses and income of the local 
                        coordinating entity;
                            (iii) the amounts and sources of matching 
                        funds;
                            (iv) the amounts leveraged with Federal 
                        funds and the sources of the leveraging; and
                            (v) any grants made to any other entities 
                        during the fiscal year;
                    (B) make available to the Secretary for audit any 
                records containing information relating to the 
                expenditure of Federal funds and any matching funds; 
                and
                    (C) require, with respect to all agreements 
                authorizing the expenditure of Federal funds by other 
                organizations, that the organization receiving the 
                funds make available to the Secretary for audit all 
                records and other information concerning the 
                expenditure of the funds;
            (7) encourage, by appropriate means and consistent with the 
        purposes of the Heritage Area, the economic viability of the 
        Heritage Area; and
            (8) assist in the transition of the management of the 
        Heritage Area from the Commission to the local coordinating 
        entity designated under section 4(d)(1)(B).
    (i) Compensation of Members.--
            (1) In general.--A member of the Commission shall serve 
        without compensation.
            (2) Travel expenses.--A member of the Commission shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Commission.
    (j) Gifts.--For purposes of section 170(c) of the Internal Revenue 
Code of 1986, any gift or charitable contribution to the Commission 
shall be considered to be a charitable contribution or gift to the 
United States.
    (k) Use of Federal Funds.--Except as provided for the leasing of 
administrative facilities under subsection (g)(1), the Commission may 
not use Federal funds made available to the Commission under this Act 
to acquire any real property or interest in real property.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date on which 
funds are first made available to carry out this Act, the Commission 
shall submit to the Secretary for approval a management plan for the 
Heritage Area.
    (b) Requirements.--The management plan shall--
            (1) include comprehensive policies, strategies, and 
        recommendations for conservation, funding, managing, and 
        developing the Heritage Area;
            (2) take into consideration existing State, county, and 
        local plans;
            (3) include a description of actions that governments, 
        private organizations, and individuals have agreed to take to 
        protect the natural, historic, and cultural resources of the 
        Heritage Area;
            (4) identify any existing and potential sources of funding 
        or economic development strategies to protect, manage, and 
        develop the Heritage Area;
            (5) include an inventory of the natural, historic, scenic, 
        cultural, educational, and recreational resources of the 
        Heritage Area relating to the themes of the Heritage Area that 
        should be preserved, restored, managed, developed, or 
        maintained;
            (6) establish criteria and identify thematically related 
        sites in Niagara and Erie Counties, New York, that--
                    (A) may participate in the Heritage Area; and
                    (B) shall be included in the boundary of the 
                Heritage Area;
            (7) include recommended policies and strategies for 
        resource management that consider the application of 
        appropriate land and water management techniques, including the 
        development of intergovernmental and interagency cooperative 
        agreements to protect the natural, historic, scenic, cultural, 
        educational, and recreational resources of the Heritage Area;
            (8) describe a program of implementation for the management 
        plan, including a description of--
                    (A) performance goals;
                    (B) plans for resource protection, restoration, 
                interpretation, enhancement, management, and 
                development; and
                    (C) any specific commitments for implementation 
                that have been made by the local coordinating entity or 
                any government, organization, or individual;
            (9) include an analysis of, and recommendations for ways in 
        which, Federal, State, tribal, and local programs would best be 
        coordinated to further the purposes of this Act, including an 
        analysis of the role of the National Park Service in the 
        Heritage Area;
            (10) include an interpretive plan for the Heritage Area;
            (11) include a business plan that--
                    (A) describes the role, operation, financing, and 
                functions of--
                            (i) the local coordinating entity; and
                            (ii) each of the major activities addressed 
                        in the management plan; and
                    (B) provides adequate assurances that the local 
                coordinating entity has the partnerships and financial 
                and other resources necessary to implement the 
                management plan; and
            (12) includes provisions for--
                    (A) the designation under section 4(d)(1)(B) of a 
                nonprofit or governmental organization as the local 
                coordinating entity to administer the Heritage Area 
                consistent with the management plan; and
                    (B) the transition of the management of the 
                Heritage Area from the Commission to the organization 
                designated as the local coordinating entity at the end 
                of the 5-year period specified in section 4(d)(1)(A).
    (c) Termination of Funding.--If the Commission does not submit the 
management plan to the Secretary by the date that is 3 years after the 
date on which funds are first made available to carry out this Act, the 
local coordinating entity shall be ineligible to receive additional 
funding under this Act until the date on which the management plan is 
submitted to and approved by the Secretary.
    (d) Approval and Disapproval of Management Plan.--
            (1) In general.--Not later than 180 days after the date of 
        receipt of the management plan under subsection (a), the 
        Secretary shall approve or disapprove the management plan.
            (2) Considerations.--In determining whether to approve or 
        disapprove the management plan under paragraph (1), the 
        Secretary shall consider whether--
                    (A) the organization proposed to succeed the 
                Commission as the local coordinating entity would be 
                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 local coordinating entity has afforded 
                adequate opportunity for public and governmental 
                involvement, including public meetings, 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, 
                historic, and cultural resources of the Heritage Area;
                    (D) the Secretary has received adequate assurances 
                from the appropriate State, tribal, and local officials 
                whose support is needed to ensure the effective 
                implementation of the State, tribal, and local aspects 
                of the management plan; and
                    (E) the local coordinating entity has demonstrated 
                the financial capability, in partnership with others, 
                to carry out the 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 180 days after the receipt of 
                any proposed revision of the management plan, approve 
                or disapprove the proposed revision.
    (e) Amendments.--
            (1) In general.--The Secretary shall review and approve any 
        substantial amendments to the management plan in accordance 
        with subsection (d).
            (2) Use of funds.--Funds made available under this Act 
        shall not be expended by the local coordinating entity to 
        implement any changes made by an amendment described in 
        paragraph (1) until the Secretary approves the amendment.

SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--
            (1) In general.--On request of the local coordinating 
        entity, the Secretary may provide technical and financial 
        assistance, on a reimbursable or nonreimbursable basis, to the 
        Heritage Area for the development and implementation of the 
        management plan.
            (2) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with the local coordinating entity and 
        other public or private entities to provide assistance under 
        paragraph (1).
            (3) Priority for assistance.--In providing assistance under 
        paragraph (1), the Secretary shall give priority to actions 
        that assist in--
                    (A) conserving the significant natural, historic, 
                scenic, and cultural resources of the Heritage Area; 
                and
                    (B) providing educational, interpretive, and 
                recreational opportunities, consistent with the 
                purposes of the Heritage Area.
    (b) Detail of Department of the Interior Employees.--
            (1) In general.--On request of the Commission, the 
        Secretary may detail to the Commission for each fiscal year in 
        which the Commission is in existence, on a nonreimbursable 
        basis, 2 employees of the Department of the Interior to enable 
        the Commission to carry out the duties of the Commission.
            (2) Civil service status.--The detail of an employee under 
        paragraph (1) shall be without interruption or loss of civil 
        service status or privilege.
    (c) Report.--Not later than the date that is 3 years before the 
date on which the authority of the Secretary terminates under section 
11, 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 includes--
            (1) an evaluation of the accomplishments and sustainability 
        of the Heritage Area; and
            (2) any recommendations of the Secretary with respect to 
        the future management of the Heritage Area.

SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--This Act shall not affect the authority of any 
Federal official to provide technical or financial assistance under any 
other law.
    (b) Consultation and Coordination.--The head of any Federal agency 
planning to conduct an activity that may have an impact on the Heritage 
Area shall, to the maximum extent practicable--
            (1) consult with the Secretary and the local coordinating 
        entity regarding the activity; and
            (2) coordinate the activity with the Secretary and the 
        local coordinating entity.
    (c) Effect on Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law (including a 
        regulation) authorizing a Federal agency to manage Federal land 
        under the jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to 
        implement an approved land use plan within the boundaries of 
        the Heritage Area; or
            (3) modifies, alters, or amends any authorized use of 
        Federal land under the jurisdiction of a Federal agency.

SEC. 9. PROTECTIONS FOR PROPERTY OWNERS.

    Nothing in this Act--
            (1) abridges the rights of any owner of public or private 
        property, including the right to refrain from participating in 
        any plan, project, program, or activity conducted within the 
        Heritage Area;
            (2) requires any property owner to permit public access 
        (including access by Federal, tribal, State, or local 
        government agencies) to the property;
            (3) modifies any provision of Federal, tribal, State, or 
        local law with regard to public access to, or use of, private 
        land;
            (4) alters any land use regulation, approved land use plan, 
        or other regulatory authority of any Federal, tribal, State, or 
        local agency;
            (5) provides any land use or other regulatory authority to 
        any local coordinating entity;
            (6) authorizes the reservation or appropriation of water or 
        water rights;
            (7) diminishes the authority of the State to manage fish 
        and wildlife, including the regulation of fishing and hunting 
        within the Heritage Area; or
            (8) creates any liability, or affects any liability under 
        any other law, of any private property owner with respect to 
        any persons injured on the private property.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 11. TERMINATION OF AUTHORITY.

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