[Congressional Record Volume 150, Number 37 (Tuesday, March 23, 2004)]
[Senate]
[Pages S2997-S3001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE:
  S. 2223. A bill to expand the list of entities eligible to establish 
and maintain a qualified tuition program under section 529 of the 
Internal Revenue Code of 1986; to the Committee on Finance.
  Mr. DASCHLE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2223

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

     SECTION 1. ADDITIONAL ELIGIBLE ENTITIES FOR QUALIFIED TUITION 
                   PROGRAMS.

       (a) In General.--For purposes of section 529 of the 
     Internal Revenue Code of 1986, an eligible educational 
     institution shall be deemed to include a corporation--
       (1) which is a transferee corporation (within the meaning 
     of section 150(d)(3) of such Code) of a corporation described 
     in section 150(d) of such Code, and
       (2) a majority of the outstanding stock of which is owned 
     by an employee stock ownership plan (as defined in section 
     4975(d)(7) of such Code).
       (b) Effective Date.--Subsection (a) shall take effect with 
     respect to any qualified tuition program established after 
     the date of the enactment of this Act.
                                   ____
                                 
      By Mr. BROWNBACK (for himself and Mr. Roberts):
  S. 2224. A bill to establish the Bleeding Kansas and the Enduring 
Struggle for Freedom National Heritage Area, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. BROWNBACK. Mr. President, the great story of Kansas can be summed 
up in the State motto, ``Ad Astra per Aspera,'' to the stars through 
difficulties. Though only a short phrase comprised of four words, the 
meaning and passion behind the Kansas State motto are as profound as 
they are descriptive of a State that though smaller than some, was a 
catalyst for racial equality in this Nation.
  From inception, Kansas was born in controversy--a controversy that 
helped to shape a Nation and end the egregious practice of chattel 
slavery that brutalized an entire race of individuals in this country. 
I cannot think of a more noble or more important contribution provided 
to our Nation--through arguably it was one of the most turbulent and 
darkest hours of our history. Without this struggle however, the battle 
to end persecution and transform our country into a symbol of freedom 
and democracy throughout the world would not have been realized.
  This year marks the sesquicentennial of the signing of the Kansas-
Nebraska bill which repealed the Missouri compromise, allowed States to 
enter into the Union with or without slavery. This piece of 
legislation, which was passed in May 1854, set the stage for what is 
now referred to as, ``Bleeding Kansas.'' During this time, our State, 
then a territory, was thrown into chaos with Kansans fighting 
passionately to ensure that the territory would enter the Union as a 
free State and not condone or legalize slavery in any capacity. At the 
end of a very difficult and bloody struggle, Kansas entered the Union 
as a free State and helped to spark the issue of slavery on a national 
level. However, Kansas' contributions to the realization of freedom in 
this Nation did not stop with the Kansas-Nebraska Act.
  Keeping true to the motto, ``to the stars through difficulties.'' 
Kansas opened up her arms to a newly freed people after the Civil War 
ended. Many African Americans looked to Kansas for solace and 
prosperity when the South was still an uncertain place. Perhaps one of 
the best examples of Ad Astra per Aspera was the founding of a town in 
Kansas by African Americans coming to our State to begin their life of 
freedom and prosperity.
  Founded in 1877, Nicodemus, which was named after a legendary slave 
who purchased his freedom, is the most recognized historically black 
town in Kansas. Nicodemus was established by a group of colonists from 
Lexington, KY and grew to a population of 600 by 1879.

[[Page S2998]]

However, Nicodemus is not the only Kansas contribution that shaped a 
more tolerant Nation. Kansas was also one of the first States to house 
an African American military regiment in the 1800s, the Buffalo 
Soldiers.
  The Buffalo Soldiers were, and still are, considered one of the most 
distinguished and revered African American military regiments in our 
Nation's history. One of those regiments, the 10th Cavalry, was 
stationed at Fort Leavenworth, KS. In July 1866, Congress passed 
legislation establishing two cavalry and four infantry regiments that 
were to be solely comprised of African Americans. The mounted regiments 
were the 9th and 10th Cavalries, soon nicknamed ``Buffalo Soldiers'' by 
the Cheyenne and Comanche tribes. Lt. Henry O. Flipper, the first 
African American to graduate from the United States Military Academy in 
1877 and commanded the 10th Calvary unit where he proved that African 
Americans possessed the quality of military leadership. Until the early 
1890s, the Buffalo Soldiers constituted 20 percent of all cavalry 
forces on the American frontier. Their invaluable service on the 
western frontier still remains one of the most exemplary services 
performed by a regiment in the U.S. Army.

  These are just a few examples of why I am pleased to join with my 
colleague from Kansas, Senator Pat Roberts, today and introduce the 
Bleeding Kansas National Heritage Area Act, which will not only serve 
to educate Kansans but the Nation on the important contributions--and 
in many cases the sacrifices--made in order to establish this proud 
State. The creation of this heritage area will ensure that this legacy 
is not only commemorated but celebrated on a national level.
  Specifically, the Bleeding Kansas National Heritage Area Act will 
designate 24 counties in Kansas as the ``Bleeding Kansas and the 
Enduring Struggle for Freedom National Heritage Area.'' Each of these 
counties will be eligible to apply for the heritage area grants 
administered by the National Park Service.
  The heritage area will add to local economies within the State by 
increasing tourism and will encourage collaboration between interests 
of diverse units of government, businesses, tourism officials, private 
property owners, and nonprofit groups within the heritage area. 
Finally, the bill protects private property owners by requiring that 
they provide in writing consent to be included in any request before 
they are eligible to receive Federal funds from the heritage area. The 
bill also authorizes $10,000,000.00 over a 10 year period to carry out 
this act and states that no more than $1,000,000.00 may be appropriated 
to the heritage area for any fiscal year.
  Kansas has much to be proud of in its history and it is vital that 
this history be shared on a national level. By establishing the 
Bleeding Kansas and the Enduring Struggle for Freedom National Heritage 
Area, we will ensure that this magnificent legacy lives on and serves 
as a stirring reminder of the sacrifices and triumphs that created this 
Nation--a Nation united in freedom for all people.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2224

       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 ``Bleeding Kansas National 
     Heritage Area Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) The Bleeding Kansas National Heritage Area is a 
     cohesive assemblage of natural, historic, cultural, and 
     recreational resources that--
       (A) together represent distinctive aspects of American 
     heritage worthy of recognition, conservation, interpretation, 
     and continuing use;
       (B) are best managed through partnerships between private 
     and public entities;
       (C) will build upon the Kansas rural development policy and 
     the new homestead act to recognize inherent strengths of 
     small towns and rural communities--close-knit communities, 
     strong local business networks, and a tradition of 
     entrepreneurial creativity.
       (2) The Bleeding Kansas National Heritage Area reflects 
     traditions, customs, beliefs, folk life, or some combination 
     thereof, that are a valuable part of the heritage of the 
     United States.
       (3) The Bleeding Kansas National Heritage Area provides 
     outstanding opportunities to conserve natural, cultural, or 
     historic features, or some combination thereof.
       (4) The Bleeding Kansas National Heritage Area provides 
     outstanding recreational and interpretive opportunities.
       (5) The Bleeding Kansas National Heritage Area has an 
     identifiable theme, and resources important to the theme 
     retain integrity capable of supporting interpretation.
       (6) Residents, nonprofit organizations, other private 
     entities, and units of local government throughout the 
     Bleeding Kansas National Heritage Area demonstrate support 
     for designation of the Bleeding Kansas National Heritage Area 
     as a national heritage area and for management of the 
     Bleeding Kansas National Heritage Area as appropriate for 
     such designation.
       (7) Capturing these interconnected stories through 
     partnerships with National Park Service sites, Kansas State 
     Historical Society sites, local organizations, and citizens 
     will augment the story opportunities within the prospective 
     boundary for the educational and recreational benefit of this 
     and future generations of Americans.
       (8) Communities throughout this region know the value of 
     their Bleeding Kansas legacy, but require expansion of the 
     existing cooperative framework to achieve key preservation, 
     education, and other significant goals by working more 
     closely together.
       (9) The State of Kansas officially recognized the national 
     significance of the Bleeding Kansas story when it designated 
     the heritage area development as a significant strategic goal 
     within the statewide economic development plan.
       (10) Territorial Kansas Heritage Alliance is a nonprofit 
     corporation created for the purposes of preserving, 
     interpreting, developing, promoting and, making available to 
     the public the story and resources related to the story of 
     Bleeding Kansas and the Enduring Struggle for Freedom.
       (11) Territorial Kansas Heritage Alliance has completed a 
     study that--
       (A) describes in detail the role, operation, financing, and 
     functions of Territorial Kansas Heritage Alliance, the 
     management entity; and
       (B) provides adequate assurances that Territorial Kansas 
     Heritage Alliance, the management 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.
       (12) There are at least 7 National Historic Landmarks, 32 
     National Register properties, 3 Kansas Register properties, 
     and 7 properties listed on the National Underground Railroad 
     Network to Freedom that contribute to the Heritage Area as 
     well as other significant properties that have not been 
     designated at this time.
       (13) There is an interest in interpreting all sides of the 
     Bleeding Kansas story that requires further work with several 
     counties in Missouri interested in joining the area.
       (14) In 2004, the State of Kansas is commemorating the 
     Sesquicentennial of the signing of the Kansas-Nebraska Act, 
     opening the territory to settlement.
       (b) Purposes.--The purposes of this Act are as follows:
       (1) To designate a region in eastern Kansas and western 
     Missouri containing nationally important natural, historic, 
     and cultural resources and recreational and educational 
     opportunities that are geographically assembled and 
     thematically related as areas that provide unique frameworks 
     for understanding the great and diverse character of the 
     United States and the development of communities and their 
     surroundings as the Bleeding Kansas National Heritage Area.
       (2) To strengthen, complement, and support the Fort Scott, 
     Brown v. Board of Education, Nicodemus and Tallgrass Prairie 
     sites through the interpretation and conservation of the 
     associated living landscapes outside of the boundaries of 
     these units of the National Park System.
       (3) To describe the extent of Federal responsibilities and 
     duties in regard to the Heritage Area.
       (4) To further collaboration and partnerships among 
     Federal, State, and local governments, nonprofit 
     organizations, and the private sector, or combinations 
     thereof, to conserve and manage the resources and 
     opportunities in the Heritage Area through grants, technical 
     assistance, training and other means.
       (5) To authorize Federal financial and technical assistance 
     to management entity to assist in the conservation and 
     interpretation of the Heritage Area.
       (6) To empower communities and organizations in Kansas to 
     preserve the special historic identity of Bleeding Kansas and 
     with it the identity of the Nation.
       (7) To provide for the management, preservation, 
     protection, and interpretation of the natural, historical, 
     and cultural resources within the region for the educational 
     and inspirational benefit of current and future generations.
       (8) To provide greater community capacity through inter-
     local cooperation.
       (9) To provide a vehicle, particularly in the four counties 
     with high out-migration of population, to recognize that 
     self-reliance and resilience will be the keys to their 
     economic future.

[[Page S2999]]

       (10) To build upon the Kansas rural development policy, the 
     Kansas agritourism initiative and the new homestead act to 
     recognize inherent strengths of small towns and rural 
     communities--close-knit communities, strong local business 
     networks, and a tradition of entrepreneurial creativity.
       (11) To educate and cultivate among its citizens, 
     particularly its youth, the stories and cultural resources of 
     the region's legacy that--
       (A) reflect the popular phrase ``Bleeding Kansas'' 
     describing the conflict over slavery that became nationally 
     prominent in Kansas just before and during the American Civil 
     War;
       (B) reflect the commitment of American settlers who first 
     fought and killed to uphold their different and 
     irreconcilable principles of freedom and equality during the 
     years of the Kansas Conflict;
       (C) reflect the struggle for freedom, experienced during 
     the ``Bleeding Kansas'' era, that continues to be a vital and 
     pressing issue associated with the real problem of democratic 
     nation building; and
       (D) recreate the physical environment revealing its impact 
     on agriculture, transportation, trade and business, and 
     social and cultural patterns in urban and rural settings.
       (12) To interpret the effect of the era's democratic ethos 
     on the development of America's distinctive political 
     culture.

     SEC. 3. DEFINITIONS.

        For the purposes of this Act:
       (1) Management entity.--The term ``management entity'' 
     means Territorial Kansas Heritage Alliance, recognized by the 
     Secretary, in consultation with the chief executive officer 
     of the State of Kansas, that agrees to perform the duties of 
     a local coordinating entity under this Act.
       (2) Heritage area.--The term ``Heritage Area'' means the 
     Bleeding Kansas and the Enduring Struggle for Freedom 
     National Heritage Area in eastern Kansas and western 
     Missouri.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) 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. 4. BLEEDING KANSAS AND THE ENDURING STRUGGLE FOR FREEDOM 
                   NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established in the State of 
     Kansas the Bleeding Kansas and the Enduring Struggle for 
     Freedom National Heritage Area.
       (b) Boundaries.--The Heritage Area shall include the 
     following:
       (1) An area located in eastern Kansas and western Missouri, 
     consisting currently of Allen, Anderson, Bourbon, Cherokee, 
     Clay, Coffey, Crawford, Douglas, Franklin, Geary, Johnson, 
     Labette, Leavenworth, Linn, Miami, Neosho, Pottawatomie, 
     Riley, Shawnee, Wabaunsee, Wilson, Woodson, Wyandotte 
     Counties in Kansas and tentatively including additional 
     counties in Kansas and western Missouri to be included in the 
     development of the management plan.
       (2) Contributing sites, buildings, and districts within the 
     area will be recommended by the management plan.
       (c) Map.--Final boundary will be defined during the 
     management plan development. 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) Management Entity.--The management 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 chief 
     executive officer of the State of Kansas, that agrees to 
     perform the duties of a local coordinating entity under this 
     Act.

     SEC. 5. AUTHORITIES, DUTIES, AND PROHIBITIONS OF THE 
                   MANAGEMENT ENTITY.

       (a) Authorities.--The management entity may, for purposes 
     of preparing and implementing the management plan, use funds 
     made available under this Act to--
       (1) prepare a management plan for the Heritage Area;
       (2) prepare reports, studies, interpretive exhibits and 
     programs, historic preservation projects, and other 
     activities recommended in the management plan for the 
     Heritage Area;
       (3) pay for operational expenses of the management entity 
     incurred within the first 10 fiscal years beginning after the 
     date of the enactment of this Act designating the Heritage 
     Area;
       (4) make grants or loans to entities defined in the 
     management plan;
       (5) enter into cooperative agreements with the State of 
     Kansas, its political subdivisions, nonprofit organizations, 
     and other organizations;
       (6) hire and compensate staff;
       (7) obtain money from any source under any program or law 
     to be used for a regrant program requiring the recipient of 
     such money to make a contribution in order to receive it;
       (8) contract for goods and services; and
       (9) offer a competitive grants program to contributing 
     partners requiring a dollar-for-dollar match of Federal 
     funds.
       (b) Duties of the Management Entity.--In addition to 
     developing the management plan, the management entity shall--
       (1) give priority to the implementation of actions, goals, 
     strategies, and standards set forth in the management plan, 
     including assisting units of government and other persons 
     in--
       (A) encouraging economic viability in the Heritage Area in 
     accordance with the goals of the management plan;
       (B) establishing interpretive exhibits in the Heritage 
     Area;
       (C) increasing public awareness of and appreciation for the 
     cultural, historical, and natural resources of the Heritage 
     Area;
       (D) supporting the restoration of historic buildings that 
     are--
       (i) located in the Heritage Area; and
       (ii) related to the themes of the Heritage Area;
       (E) the conservation of contributing landscapes and natural 
     resources; and
       (F) the installation throughout the Heritage Area of signs 
     identifying public access points and sites of interest;
       (2) prepare and implement the management plan while 
     considering the interests of diverse units of government, 
     businesses, private property owners, and nonprofit groups 
     within the Heritage Area;
       (3) conduct public meetings in conjunction with training 
     and skill building workshops regarding the development and 
     implementation of the management plan; and
       (4) for any fiscal year for which Federal funds are 
     received under this Act--
       (A) submit to the Secretary a report that describes, for 
     the year--
       (i) accomplishments of the management entity;
       (ii) expenses and income of the management entity;
       (iii) each entity to which a grant was made; and
       (iv) an accounting of matching funds obtained to meet grant 
     guidelines;
       (B) conduct an annual audit with a neutral auditing firm 
     and make available for audit by Congress, the Secretary, and 
     appropriate units of government, all records pertaining to 
     the expenditure of the funds and any matching funds; and
       (C) require, for all agreements authorizing expenditure of 
     Federal funds by any entity, that the receiving entity make 
     available for audit all records pertaining to the expenditure 
     of their funds.
       (c) Prohibition of Acquisition of Real Property.--The 
     management entity shall not use Federal funds received under 
     this Act to acquire real property or an interest in real 
     property.
       (d) Other Sources.--Nothing in this Act precludes the 
     management entity from using Federal funds from other sources 
     for authorized purposes.

     SEC. 6. MANAGEMENT PLAN.

       (a) Requirements.--The management entity shall:
       (1) Management plan.--Not later than 3 years after the date 
     funds are made available for this purpose, prepare and submit 
     a management plan reviewed by participating units of local 
     government within the boundaries of the proposed Heritage 
     Area.
       (2) Collaboration.--Collaborate with and consider the 
     interests of diverse units of government, businesses, tourism 
     officials, private property owners, and nonprofit groups 
     within the geographic area of the Heritage Area in developing 
     and implementing such a management plan.
       (3) Public involvement.--Ensure regular public involvement, 
     including public meetings at least annually, regarding the 
     implementation of the management plan.
       (b) Contents of Management Plan.--The management plan 
     prepared for the Heritage Area shall--
       (1) 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;
       (2) establish criteria or standards to measure what is 
     selected for conservation, interpretation, funding, 
     management, and development;
       (3) involve residents, public agencies, and private 
     organizations working in the Heritage Area;
       (4) 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
       (5) include--
       (A) actions to be undertaken by units of government and 
     private organizations to protect, conserve, and interpret the 
     resources of the Heritage Area;
       (B) 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;
       (C) 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;

[[Page S3000]]

       (D) a program for implementation of the management plan by 
     the designated management entity, in cooperation with its 
     partners and units of local government;
       (E) evidence that relevant State, county, and local plans 
     applicable to the Heritage Area have been taken into 
     consideration;
       (F) an analysis of ways in which local, State, and Federal 
     programs may best be coordinated to promote the purposes of 
     this Act; and
       (G) a business plan that--
       (i) describes in detail the role, operation, financing, and 
     functions of the management 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 management 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 Act.
       (c) Public Notice.--The management 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.
       (d) Disqualification From Funding.--If a proposed 
     management plan is not submitted to the Secretary within 4 
     years of the date of the enactment of this Act, the 
     management entity shall be ineligible to receive additional 
     funding under this title until the date on which the 
     Secretary receives the proposed management plan.
       (e) Approval and Disapproval of Management Plan.--The 
     Secretary shall approve or disapprove the proposed management 
     plan submitted under this title not later than 90 days after 
     receiving such proposed management plan.
       (f) Action Following Disapproval.--If the Secretary 
     disapproves a proposed management plan, the Secretary shall 
     advise the management 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.
       (g) Approval of Amendments.--The Secretary shall review and 
     approve substantial amendments to the management plan. Funds 
     appropriated under this title may not be expended to 
     implement any changes made by such amendment until the 
     Secretary approves the amendment.

     SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 
                   AGENCIES.

       (a) Technical and Financial Assistance.--
       (1) In general.--On the request of the management 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 management 
     entity may expend Federal funds made available under this Act 
     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 management 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 Act 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 
     management entity, to the extent practicable, advance notice 
     of all activities that may have an impact on the Heritage 
     Area.

     SEC. 8. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this Act 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 Act 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 Act 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 Act 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 management 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 Act--
       (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 
     management entity.
       (f) Private Property.--
       (1) In general.--The management entity shall be an advocate 
     for land management practices consistent with the purposes of 
     the Heritage Area.
       (2) Effect.--Nothing in this Act--
       (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.

     SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

       (a) Notification and Consent of Property Owners Required.--
     No privately owned property shall be governed 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 
     inclusion to the management entity.
       (b) Landowner Withdraw.--Any owner of private property 
     included within the boundary of the Heritage Area, and not 
     notified under subsection (a), shall have their property 
     immediately removed from the boundary by submitting a written 
     request to the management entity.

     SEC. 10. SAVINGS PROVISIONS.

       (a) Rules, Regulations, Standards, and Permit Processes.--
     Nothing in this Act 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 Act 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 
     Act 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.
       (d) Existing National Heritage Areas.--Nothing in this Act 
     shall affect any national heritage area so designated before 
     the date of the enactment of this Act.

     SEC. 11. 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 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 Act shall be 
     not more than 50 percent.

     SEC. 12. TERMINATION OF AUTHORITY.

        The authority of the Secretary to provide assistance under 
     this Act terminates on the date that is 10 years after the 
     date of the enactment of this Act.

  Mr. ROBERTS. Mr. President, I am pleased to introduce, along with my 
distinguished colleague Senator Brownback, a bill designating the 
Bleeding Kansas and the Enduring Struggle for Freedom National Heritage 
Area. This project has joined communities throughout eastern Kansas in 
an effort to document, preserve and celebrate Kansas' significant role 
in the political struggle that led to the Civil War and in other 
historic struggles for equality that took place in our state.
  Designated by Congress, National Heritage Areas are places where 
natural, cultural, historic and recreational resources combine to form 
complete and distinct landscape. Our State, which has a proud heritage 
and compelling story, will benefit from this national designation that 
helps preserve and celebrate America's defining landscapes. By 
enhancing and developing historic sites throughout eastern Kansas, we 
will ensure that the traditions that evolved there are preserved.
  During the Civil War, William Quantrill, the head of an infamous gang 
of Confederate sympathizers, lead a raid on Lawrence, KS. Though far 
from the main campaigns, this massacre caused Bleeding Kansas to become 
a prominent symbol in the fight for the freedom of all people, and the 
territory would become a battleground over the question of slavery. 
After

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these attacks, the abolitionist senator Charles Sumner delivered his 
famous speech called ``The Crime Against Kansas,'' in which he brought 
the escalating situation into sharper focus for the Nation.
  Almost 100 years later, Kansas became the battleground once again, as 
Oliver L. Brown fought to prove that separate among the people of this 
great Nation is not equal. In fact, we will soon celebrate the 50th 
anniversary of the Brown v. Topeka Board of Education Supreme Court 
decision, which was a landmark victory in the civil rights movement. 
These are but two of the many stories that will make up this heritage 
area, marking an important era in our Nation's history.
  I'd like to commend the Lawrence City Commission, the Douglas County 
Commission, and the Lawrence Chamber of Commerce, who have worked 
diligently on Federal heritage area designation. And I encourage the 
Senate's swift passage of this important piece of legislation.
                                 ______