II Calendar No. 995 110th CONGRESS 2d Session S. 3045 IN THE SENATE OF THE UNITED STATES May 21, 2008 Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources September 16, 2008 Reported by Mr. Bingaman, with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To establish the Kenai Mountains-Turnagain Arm National Forest Heritage Area in the State of Alaska, and for other purposes.
1.
Short title
This Act may be cited as the Kenai Mountains-Turnagain Arm National Forest Heritage Area Act.
2.
Findings and purposes
(a)
Findings
Congress finds that— (1)the Kenai Mountains-Turnagain Arm transportation corridor— (A)is a major gateway to Alaska; (B)includes a range of transportation routes used by— (i)indigenous people; and (ii)the pioneers that settled the last frontier of the United States; (C)is located in the heart of the Chugach National Forest, which was established by presidential proclamation on July 23, 1907, by Theodore Roosevelt; and (D)includes a historically significant segment of the Iditarod Trail connecting Seward and Nome, which was— (i)scouted by the Alaska Road Commission in 1908; and (ii)designated as the Iditarod National Historic Trail in 1978; (2)the cultural landscape formed by indigenous people and by settlement, transportation, and modern resource development in the rugged and often treacherous natural setting of the transportation corridor provides a powerful testimony to the human fortitude, perseverance, and resourcefulness of the people who— (A)settled the frontier; and (B)represent the proudest heritage of the United States; (3)the natural history and scenic splendor of the transportation corridor are equally outstanding; (4)the transportation corridor includes vistas of the power of nature, such as evidence of earthquake subsidence, recent avalanches, retreating glaciers, and tidal action along Turnagain Arm, which has the second greatest tidal range in the world; (5)there is a national interest in recognizing, preserving, promoting, and interpreting the resources of the transportation corridor; (6)the Kenai Mountains-Turnagain Arm region is— (A)geographically and culturally cohesive; and (B)defined by a corridor of historic routes, trails, water, railroads, and roadways through a distinct landscape of mountains, lakes, and fjords; (7)the region played a unique role as a portal and transportation corridor through which indigenous people, explorers, missionaries, gold miners, cannery workers, big game hunters, homesteaders, foresters, railroad workers, military personnel, and petroleum developers traveled into southcentral and interior Alaska as part of the waves of travel that characterized the history of the United States; (8)the region exhibits a high degree of integrity with vast tracks of rugged, undeveloped areas and natural scenery that still look much as the area did to the original inhabitants, the indigenous people, and early explorers and pioneers of the region; (9)studies that led to the designation of the Iditarod National Historic Trail, the Seward Highway All American Road, and the Alaska Railroad National Scenic Railroad— (A)determined the national significance of separate transportation routes traversing the region; and (B)illustrate the national significance of heritage resources in the region; (10)designation of the transportation corridor as a national heritage area— (A)provides for a comprehensive interpretation of human history in the wide transportation corridor through the Kenai Mountains and upper Turnagain Arm, including early Native trade routes, historic waterways, mining trails, historic communities, and the 3 designated routes of national significance referred to in paragraph (9); (B)recognizes the national significance of the Kenai Mountains-Turnagain Arm transportation corridor, including— (i)the historic and modern resource development of the transportation corridor; and (ii)the cultural, natural, and recreational resources and landscapes of the transportation corridor; and (C)would provide assistance to local communities, Indian tribes, and residents of the transportation corridor in— (i)preserving and interpreting cultural and historic resources; and (ii)fostering cooperative planning and partnerships; (11)an additional feasibility study for the Heritage Area is not needed before designation of the Heritage Area because the studies referred to in paragraph (9) provide sufficient documentation of— (A)the national significance of heritage resources in the region; and (B)the support of local communities for designation of the Heritage Area; and (12)the Kenai Mountains-Turnagain Arm National Forest Heritage Corridor Communities Association— (A)has been formed as a nonprofit corporation to act as the Local Coordinating Entity for the Heritage Area; and (B)is governed by bylaws that define the purposes of the Association as the purposes established by Congress for the Kenai Mountains-Turnagain Arm National Forest Heritage Area. (b)
Purposes
The purposes of this Act are— (1)to recognize, preserve, and interpret the historic and modern resource development and cultural landscapes of the Kenai Mountains-Turnagain Arm historic transportation corridor; and (2)to promote and facilitate the public enjoyment of the resources.
3.
Definitions
In this Act: (1)
Heritage area
The term Heritage Area means the Kenai Mountains-Turnagain Arm National Forest Heritage Area established by section 4(a). (2)
Local coordinating entity
The term Local Coordinating Entity means the local coordinating entity for the Heritage Area designated by section 5(a). (3)
Management plan
The term management plan means the management plan for the Heritage Area developed under section 6. (4)
Map
The term map means the map entitled Draft Proposed NHA Kenai Mountains-Turnagain Arm and dated August 7, 2007. (5)
Secretary
The term Secretary means the Secretary of Agriculture. (6)
State
The term State means the State of Alaska.
4.
Establishment of kenai mountains-turnagain arm National Forest Heritage area
(a)
Establishment
There is established in the State the Kenai Mountains-Turnagain Arm National Forest Heritage Area. (b)
Boundaries
The Heritage Area shall be comprised of the land in the Kenai Mountains and upper Turnagain Arm region, as generally depicted on the map. (c)
Availability of map
The map shall be on file and available for public inspection in— (1)the appropriate offices of the Forest Service, Chugach National Forest; (2)the Alaska Regional Office of the National Park Service; and (3)the Alaska State Historic Preservation Officer.
5.
Local coordinating entity
(a)
Designation
The Kenai Mountains-Turnagain Arm National Forest Heritage Corridor Communities Association, a nonprofit corporation chartered in the State, shall be the local coordinating entity for the Heritage Area. (b)
Duties
To further the purposes of the Heritage Area, the Local Coordinating Entity shall— (1)in accordance with section 6, prepare and submit to the Secretary a management plan for the Heritage Area; (2)for any fiscal year for which the Local Coordinating Entity receives Federal funds 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; and (B)make available to the Secretary for audit any information relating to the expenditure of— (i)the Federal funds; and (ii)any matching funds; and (3)encourage, consistent with the purposes of the Heritage Area, the economic viability and sustainability of the Heritage Area. (c)
Authorities
For the purposes of developing and implementing the management plan for the Heritage Area, and subject to section 9(c), the Local Coordinating Entity may use Federal funds made available under this Act to— (1)make grants to units of local government, nonprofit organizations, and other parties within the Heritage Area; (2)enter into agreements with, or provide technical assistance to, Federal agencies, units of local government, nonprofit organizations, and other interested parties; (3)hire and compensate staff, including individuals with expertise in— (A)natural, historic, cultural, educational, scenic, and recreational resource conservation; (B)economic and community development; and (C)heritage planning; (4)obtain funds or services from any source, including other Federal laws or programs; (5)contract for goods or services; and (6)support activities of partners and any other activities that— (A)further the purposes of the Heritage Area; and (B)are consistent with the management plan. (d)
Public meetings
(1)
In general
Annually, the Local Coordinating Entity shall conduct at least 2 meetings open to the public regarding the development and implementation of the management plan. (2)
Notice; availability of minutes
The Local Coordinating Entity shall— (A)publish a notice of each public meeting in a newspaper of general circulation in the Heritage Area; and (B)make the minutes of the meeting available to the public. (e)
Prohibition on acquisition of real property
The Local Coordinating Entity shall not use Federal funds authorized under this Act to acquire any interest in real property.
6.
Management plan
(a)
In general
Not later than 3 years after the date on which funds are first made available to develop the management plan, the Local Coordinating Entity shall submit to the Secretary for approval a management plan for the Heritage Area. (b)
Requirements
The management plan shall— (1)include— (A)a list of comprehensive policies, goals, strategies, and recommendations for actions and projects consistent with the purposes of the Heritage Area; (B)a description of proposed actions and financial commitments of governments (including tribal governments) and private organizations that would accomplish the purposes of the Heritage Area; (C)a description of the role and participation of the Federal Government and State, tribal, and local governments that have jurisdiction over land within the Heritage Area; and (D)an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed; (2)identify existing and potential sources of funding to accomplish the recommended actions and projects for the Heritage Area; (3)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 (4)be consistent with Federal, State, borough, and local plans, including— (A)the plans for the Chugach National Forest and the Kenai Fjords National Park; and (B)State transportation and historic management plans. (c)
Termination of funding
If the Local Coordinating Entity 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 develop the management plan, the Local Coordinating Entity shall be ineligible to receive additional funding under this Act until the date on which the management plan is 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 Local Coordinating Entity— (i)has afforded adequate opportunities for public and governmental involvement in the preparation of the management plan; and (ii)provides for at least semiannual public meetings to ensure adequate implementation of the management plan; (B)the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area; (C)the management plan— (i)is consistent with applicable Federal, State, borough, and local plans; and (ii)would not adversely affect any activities authorized on Federal land; (D)the Local Coordinating Entity, in partnership with other entities, has demonstrated the financial capability to carry out the management plan; (E)the Secretary has received adequate assurances from State and local officials, the support of which is needed to ensure the effective implementation of the State and local elements of the management plan; and (F)the management plan demonstrates sufficient partnerships among the Local Coordinating Entity, the Federal Government, State and local governments, regional planning organizations, nonprofit organizations, or private sector parties to implement 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 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. (f)
Implementation
In implementing the management plan, the Local Coordinating Entity shall give priority to— (1)carrying out programs that recognize important resource values within the Heritage Area; (2)encouraging economic viability in the affected communities; (3)establishing and maintaining interpretive exhibits within the Heritage Area; (4)improving and interpreting heritage trails; (5)increasing public awareness of, and appreciation for, the natural, historic, and cultural resources of the Heritage Area, including the contributions of local Indian tribes; (6)providing opportunities for expanding the public perception of the need for modern resource development of the Heritage Area; (7)restoring historic buildings and structures that are located within the Heritage Area; and (8)ensuring that clear, consistent, and appropriate signs identifying public access points and sites of interest are appropriately placed in the Heritage Area.
7.
Duties and authorities of the Secretary
(a)
Memorandum of understanding
The Secretary shall enter into a memorandum of understanding with the Secretary of the Interior to establish a general framework for cooperation and consultation in the development and implementation of the management plan. (b)
Authorities
The Secretary may— (1)subject to the availability of funds, provide technical and financial assistance for the development and implementation of the management plan; (2)enter into cooperative agreements with interested parties to carry out this Act; and (3)in partnership with the Local Coordinating Entity, provide information on, promote understanding of, and encourage research on the Heritage Area. (c)
Information released by the secretary of the interior
The Secretary of the Interior shall include the Heritage Area in all nationwide releases, listings, or maps that provide public information about the system of national heritage areas.
8.
Private property protections
(a)
In general
Nothing in this Act— (1)grants powers of zoning or management of land use to the Local Coordinating Entity; (2)modifies, enlarges, or diminishes any authority of the Federal Government or any State, tribal, or local government to manage or regulate any use of land under applicable laws (including regulations); (3)requires any private property owner to allow public access to the private property, including access by the Federal Government or tribal, State, or local governments; (4)modifies any provision of Federal, tribal, State, or local law with respect to public access to, or use of, private property; (5)obstructs or limits— (A)business activities on private developments; or (B)resource development activities; (6)affects the rights of private property owners; (7)restricts or limits an Indian tribe from protecting cultural or religious sites on tribal or Native Corporation land; or (8)requires 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)
Applicable law
Designation of the Heritage Area under this Act does not convey status to the Heritage Area as a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)). (c)
Liability
Designation of the Heritage Area does not create any liability for, or affect any liability under any other law of, any private property owner with respect to a person injured on the private property. (d)
Effect of establishment
Designation of the Heritage Area does not establish any regulatory authority on land use within the Heritage Area or the viewshed for the Federal Government or any State or local government.
9.
Authorization of appropriations
(a)
In general
Subject to subsection (b), there are authorized to be appropriated and made available to the Local Coordinating Entity to carry out the development and implementation of the management plan— (1)$350,000 for fiscal year 2008; and (2)$500,000 for fiscal year 2009 and each fiscal year thereafter. (b)
Limitation
Notwithstanding subsection (a), not more than $7,500,000 is authorized to be appropriated for the Heritage Area. (c)
Cost sharing requirement
To the maximum extent practicable, the Federal share of the total cost of any activity carried out using assistance under this Act shall be not more than 75 percent, including the contribution of in-kind services.
10.
Termination of authority
The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.
1.
Short title
This Act may be cited as the Kenai Mountains-Turnagain Arm National Heritage Area Act.
2.
Definitions
In this Act: (1)
Heritage Area
The term Heritage Area means the Kenai Mountains-Turnagain Arm National Heritage Area established by section 3(a). (2)
Local coordinating entity
The term local coordinating entity means the Kenai Mountains-Turnagain Arm Corridor Communities Association. (3)
Management plan
The term management plan means the plan prepared by the local coordinating entity for the Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the Heritage Area, in accordance with this Act. (4)
Map
The term map means the map entitled Proposed NHA Kenai Mountains Turnagain Arm and dated August 7, 2007. (5)
Secretary
The term Secretary means the Secretary of the Interior.
3.
Designation of the Kenai Mountain-Turnagain Arm National Heritage Area
(a)
Establishment
There is established the Kenai Mountain-Turnagain Arm National Heritage Area. (b)
Boundaries
The Heritage Area shall be comprised of the land in the Kenai Mountains and upper Turnagain Arm region, as generally depicted on the map. (c)
Availability of map
The map shall be on file and available for public inspection in— (1)the appropriate offices of the Forest Service, Chugach National Forest; (2)the Alaska Regional Office of the National Park Service; and (3)the office of the Alaska State Historic Preservation Officer.
4.
Management plan
(a)
Local coordinating entity
The local coordinating entity, in partnership with other interested parties, shall develop a management plan for the Heritage Area in accordance with this section. (b)
Requirements
The management plan for the Heritage Area shall— (1)describe comprehensive policies, goals, strategies, and recommendations for use in— (A)telling the story of the heritage of the area covered by the Heritage Area; and (B)encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area; (2)include a description of actions and commitments that the Federal Government, State, tribal, and local governments, private organizations, and citizens will take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (3)specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area; (4)include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the national importance and themes of the Heritage Area that should be protected, enhanced, interpreted, managed, funded, and developed; (5)recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (6)describe a program for implementation for the management plan, including— (A)performance goals; (B)plans for resource protection, enhancement, interpretation, funding, management, and development; and (C)specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, tribal, or local government agency, organization, business, or individual; (7)include an analysis of, and recommendations for, means by which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service, the Forest Service, and other Federal agencies associated with the Heritage Area) to further the purposes of this Act; and (8)include a business plan that— (A)describes the role, operation, financing, and functions of the local coordinating entity and each of the major activities contained 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 for the Heritage Area. (c)
Deadline
(1)
In general
Not later than 3 years after the date on which funds are first made available to develop the management plan after the date of enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval. (2)
Termination of funding
If the management plan is not submitted to the Secretary in accordance with paragraph (1), the local coordinating entity shall not qualify for any additional financial assistance under this Act until such time as the management plan is submitted to and approved by the Secretary. (d)
Approval of management plan
(1)
Review
Not later than 180 days after receiving the management plan under subsection (c), the Secretary shall review and approve or disapprove the management plan for a Heritage Area on the basis of the criteria established under paragraph (3). (2)
Consultation
The Secretary shall consult with the Governor of the State in which the Heritage Area is located before approving a management plan for the Heritage Area. (3)
Criteria for approval
In determining whether to approve a management plan for the Heritage Area, the Secretary shall consider whether— (A)the local coordinating entity represents the diverse interests of the Heritage Area, including the Federal Government, State, tribal, and local governments, natural and historical resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners; (B)the local coordinating entity— (i)has afforded adequate opportunity for public and Federal, State, tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and (ii)provides for at least semiannual public meetings to ensure adequate implementation of the management plan; (C)the resource protection, enhancement, interpretation, funding, management, and development strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (D)the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans; (E)the local coordinating entity has demonstrated the financial capability, in partnership with other interested parties, to carry out the plan; (F)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 elements of the management plan; and (G)the management plan demonstrates partnerships among the local coordinating entity, Federal Government, State, tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan. (4)
Disapproval
(A)
In general
If the Secretary disapproves the management plan, the Secretary— (i)shall advise the local coordinating entity in writing of the reasons for the disapproval; and (ii)may make recommendations to the local coordinating entity for revisions to the management plan. (B)
Deadline
Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. (5)
Amendments
(A)
In general
An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (B)
Implementation
The local coordinating entity shall not use Federal funds authorized by this Act to implement an amendment to the management plan until the Secretary approves the amendment. (6)
Authorities
The Secretary may— (A)provide technical assistance under the authority of this Act for the development and implementation of the management plan; and (B)enter into cooperative agreements with interested parties to carry out this Act.
5.
Evaluation; report
(a)
In general
Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under this Act, the Secretary shall— (1)conduct an evaluation of the accomplishments of the Heritage Area; and (2)prepare a report in accordance with subsection (c). (b)
Evaluation
An evaluation conducted under subsection (a)(1) shall— (1)assess the progress of the local coordinating entity with respect to— (A)accomplishing the purposes of the authorizing legislation for the Heritage Area; and (B)achieving the goals and objectives of the approved management plan for the Heritage Area; (2)analyze the Federal, State, tribal, local, and private investments in the Heritage Area to determine the impact of the investments; and (3)review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c)
Report
Based on the evaluation conducted under subsection (a)(1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area.
6.
Local coordinating entity
(a)
Duties
To further the purposes of the Heritage Area, in addition to developing the management plan for the Heritage Area under section 4, the local coordinating entity shall— (1)serve to facilitate and expedite the implementation of projects and programs among diverse partners in the Heritage Area; (2)submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this Act, specifying— (A)the specific performance goals and accomplishments of the local coordinating entity; (B)the expenses and income of the local coordinating entity; (C)the amounts and sources of matching funds; (D)the amounts leveraged with Federal funds and sources of the leveraging; and (E)grants made to any other entities during the fiscal year; (3)make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this Act, all information pertaining to the expenditure of the funds and any matching funds; and (4)encourage economic viability and sustainability that is consistent with the purposes of the Heritage Area. (b)
Authorities
For the purpose of preparing and implementing the approved management plan for the Heritage Area under section 4, the local coordinating entity may use Federal funds made available under this Act— (1)to make grants to political jurisdictions, nonprofit organizations, and other parties within the Heritage Area; (2)to enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (3)to hire and compensate staff, including individuals with expertise in— (A)natural, historical, cultural, educational, scenic, and recreational resource conservation; (B)economic and community development; and (C)heritage planning; (4)to obtain funds or services from any source, including other Federal programs; (5)to enter into contracts for goods or services; and (6)to support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan. (c)
Prohibition on acquisition of real property
The local coordinating entity may not use Federal funds authorized under this Act to acquire any interest in real property.
7.
Relationship to other Federal agencies
(a)
In general
Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other provision of law. (b)
Consultation and coordination
The head of any Federal agency planning to conduct activities that may have an impact on a Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity, to the maximum extent practicable. (c)
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 a Heritage Area; or (3)modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
8.
Private property and regulatory protections
Nothing in this Act— (1)abridges the rights of any property owner (whether public or private), 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, State, tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, tribal, or local law; (3)alters any duly adopted land use regulation, approved land use plan, or other regulatory authority (such as the authority to make safety improvements or increase the capacity of existing roads or to construct new roads) of any Federal, State, tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including development and management of energy or water or water-related infrastructure; (4)authorizes or implies the reservation or appropriation of water or water rights; (5)diminishes the authority of any State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6)creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
9.
Funding
(a)
Authorization of appropriations
Subject to subsection (b), there is authorized to be appropriated to carry out this Act $1,000,000 for each fiscal year, to remain available until expended. (b)
Limitation on total amounts appropriated
Not more than a total of $10,000,000 may be made available to carry out this Act. (c)
Cost-sharing
(1)
In general
The Federal share of the total cost of any activity carried out under this Act shall not exceed 50 percent. (2)
Form of non-Federal share
The non-Federal share of the cost of any activity carried out under this Act may be provided in the form of in-kind contributions of goods or services fairly valued.
September 16, 2008 Reported with an amendment