1.This Act may be cited as
the Niagara Falls National Heritage
Area Act
.
2.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.
3.In this Act:
(1)The
term Commission
means the Niagara Falls National Heritage Area
Commission established by section 5(a).
(2)The
term Governor
means the Governor of the State.
(3)The term Heritage Area
means the Niagara
Falls National Heritage Area established by section 4(a).
(4)Local
coordinating entityThe term local coordinating
entity
means the local coordinating entity for the Heritage Area
designated by section 4(d)(1).
(5)The term management plan
means the management
plan for the Heritage Area developed under section 6.
(6)The
term map
means the map entitled Niagara Falls National
Heritage Area
, numbered P76/80,000, and dated July 2006.
(7)The
term Secretary
means the Secretary of the Interior.
(8)The
term State
means the State of New York.
4.Niagara falls
national heritage area
(a)There
is established in the State the Niagara Falls National Heritage Area.
(b)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)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)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)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)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).
5.Niagara falls
national heritage area commission
(a)There
is established within the Department of the Interior the Niagara Falls National
Heritage Area Commission.
(b)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)
(1)A
member of the Commission shall be appointed for a term not to exceed 5
years.
(2)
(A)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)A vacancy on the Commission shall be filled in the same
manner as the original appointment was made.
(d)Chairperson and
Vice Chairperson
(1)The
Commission shall select a Chairperson and Vice Chairperson from among the
members of the Commission.
(2)The Vice Chairperson shall serve as the Chairperson
in the absence of the Chairperson.
(e)
(1)A majority of the members of the Commission shall
constitute a quorum.
(2)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)
(1)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
of Commission meetings and agendas for the meetings shall be published in local
newspapers that are distributed throughout the Heritage Area.
(3)Meetings of the Commission shall be subject to section 552b
of title 5, United States Code.
(g)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)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)
(1)A member of the Commission shall serve without
compensation.
(2)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)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)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.
6.
(a)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)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)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)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)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 disapprovalIf 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)
(1)The Secretary shall review and approve any substantial
amendments to the management plan in accordance with subsection (d).
(2)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.
7.Duties and
authorities of the secretary
(a)Technical and
financial assistance
(1)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)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)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)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)The detail of an employee under paragraph (1) shall be
without interruption or loss of civil service status or privilege.
(c)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.
8.Relationship to
other federal agencies
(a)This Act shall not affect the authority of any Federal
official to provide technical or financial assistance under any other
law.
(b)Consultation
and coordinationThe 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 agenciesNothing 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.
9.Protections for
property ownersNothing 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.
10.Authorization
of appropriations
(a)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)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.
11.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.