[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[House]
[Pages H8352-H8365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NORTHERN RIO GRANDE NATIONAL HERITAGE AREA ACT
Mr. POMBO. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 211) to establish the Northern Rio Grande National
Heritage Area in the State of New Mexico, and for other purposes, as
amended.
The Clerk read as follows:
S. 211
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA
SECTION 101. SHORT TITLE.
This Act may be cited as the ``Northern Rio Grande National
Heritage Area Act''.
SEC. 102. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) northern New Mexico encompasses a mosaic of cultures
and history, including eight Pueblos and the descendants of
Spanish ancestors who settled in the area in 1598;
(2) the combination of cultures, languages, folk arts,
customs, and architecture make northern New Mexico unique;
(3) the area includes spectacular natural, scenic, and
recreational resources;
(4) there is broad support from local governments and
interested individuals to establish a National Heritage Area
to coordinate and assist in the preservation and
interpretation of these resources;
(5) in 1991, the National Park Service study Alternative
Concepts for Commemorating Spanish Colonization identified
several alternatives consistent with the establishment of a
National Heritage Area, including conducting a comprehensive
archaeological and historical research program, coordinating
a comprehensive interpretation program, and interpreting a
cultural heritage scene; and
(6) establishment of a National Heritage Area in northern
New Mexico would assist local communities and residents in
preserving these unique cultural, historical and natural
resources.
SEC. 103. DEFINITIONS.
As used in this Act--
(1) the term ``heritage area'' means the Northern Rio
Grande Heritage Area; and
(2) the term ``Secretary'' means the Secretary of the
Interior.
SEC. 104. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the
Northern Rio Grande National Heritage Area in the State of
New Mexico.
(b) Boundaries.--The heritage area shall include the
counties of Santa Fe, Rio Arriba, and Taos.
(c) Management Entity.--
(1) The Northern Rio Grande National Heritage Area, Inc., a
non-profit corporation chartered in the State of New Mexico,
shall serve as the management entity for the heritage area.
(2) The Board of Directors for the management entity shall
include representatives of the State of New Mexico, the
counties of Santa Fe, Rio Arriba and Taos, tribes and pueblos
within the heritage area, the cities of Santa Fe, Espanola
and Taos, and members of the general public. The total number
of Board members and the number of Directors representing
State, local and tribal governments and interested
communities shall be established to ensure that all parties
have appropriate representation on the Board.
SEC. 105. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Management Plan.--
(1) Not later than 3 years after the date of enactment of
this Act, the management entity shall develop and forward to
the Secretary a management plan for the heritage area.
(2) The management entity shall develop and implement the
management plan in cooperation with affected communities,
tribal and local governments and shall provide for public
involvement in the development and implementation of the
management plan.
(3) The management plan shall, at a minimum--
(A) provide recommendations for the conservation, funding,
management, and development of the resources of the heritage
area;
(B) identify sources of funding;
(C) include an inventory of the cultural, historical,
archaeological, natural, and recreational resources of the
heritage area;
(D) provide recommendations for educational and
interpretive programs to inform the public about the
resources of the heritage area; and
(E) include an analysis of ways in which local, State,
Federal, and tribal programs may best be coordinated to
promote the purposes of this Act.
(4) If the management entity fails to submit a management
plan to the secretary as provided in paragraph (1), the
heritage area shall no longer be eligible to receive Federal
funding under this Act until such time as a plan is submitted
to the Secretary.
(5) The Secretary shall approve or disapprove the
management plan within 90 days after the date of submission.
If the Secretary disapproves the management plan, the
Secretary shall advise the management entity in writing of
the reasons therefore and shall make recommendations for
revisions to the plan.
(6) The management entity shall periodically review the
management plan and submit to the Secretary any
recommendations for proposed revisions to the management
plan. Any major revisions to the management plan must be
approved by the Secretary.
(b) Authority.--The management entity may make grants and
provide technical assistance to tribal and local governments,
and other public and private entities to carry out the
management plan.
(c) Duties.--The management entity shall--
(1) give priority in implementing actions set forth in the
management plan;
(2) encourage by appropriate means economic viability in
the heritage area consistent with the goals of the management
plan; and
(3) assist local and tribal governments and non-profit
organizations in--
(A) establishing and maintaining interpretive exhibits in
the heritage area;
(B) developing recreational resources in the heritage area;
(C) increasing public awareness of, and appreciation for,
the cultural, historical, archaeological and natural
resources and sits in the heritage area;
(D) the restoration of historic structures related to the
heritage area; and
(E) carrying out other actions that the management entity
determines appropriate to fulfill the purposes of this Act,
consistent with the management plan.
(d) Prohibition on Acquiring Real Property.--The management
entity may not use Federal funds received under this Act to
acquire real property or an interest in real property.
(e) Public Meetings.--The management entity shall hold
public meetings at least annually regarding the
implementation of the management plan.
(f) Annual Reports and Audits.--
(1) For any year in which the management entity receives
Federal funds under this Act,
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the management entity shall submit an annual report to the
Secretary setting forth accomplishments, expenses and income,
and each entity to which any grant was made by the management
entity.
(2) The management entity shall make available to the
Secretary for audit all records relating to the expenditure
of Federal funds and any matching funds. The management
entity shall also require, for all agreements authorizing
expenditure of Federal funds by other organizations, that the
receiving organization make available to the Secretary for
audit all records concerning the expenditure of those funds.
SEC. 106. DUTIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--The Secretary may,
upon request of the management entity, provide technical and
financial assistance to develop and implement the management
plan.
(b) Priority.--In providing assistance under subsection
(a), the Secretary shall give priority to actions that
facilitate--
(1) the conservation of the significant natural, cultural,
historical, archaeological, scenic, and recreational
resources of the heritage area; and
(2) the provision of educational, interpretive, and
recreational opportunities consistent with the resources and
associated values of the heritage area.
SEC. 107. PRIVATE PROPERTY PROTECTIONS; SAVINGS PROVISIONS.
(a) Private Property Protection.--
(1) Notification and consent of property owners required.--
No privately owned property shall be preserved, conserved, or
promoted by the management plan for the Heritage Area until
the owner of that private property has been notified in
writing by the management entity and has given written
consent for such preservation, conservation or promotion to
the management entity.
(2) Landowner withdrawal.--Any owner of private property
included within the boundary of the heritage area, shall have
their property immediately removed from within the boundary
by submitting a written request to the management entity.
(3) Access to private property.--Nothing in this 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.
(4) Liability.--Designation of the heritage area shall not
be considered to create any liability, or to have any effect
on any liability under any other law, of any private property
owner with respect to any persons injured on such private
property.
(5) Recognition of authority to control land use.--Nothing
in this Act shall be construed to modify any authority of
Federal, State, or local governments to regulate land use.
(6) Participation of private property owners in heritage
area.--Nothing in this 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.
(b) Effect of Establishment.--The boundaries designated for
the heritage area represent the area within which Federal
funds appropriated for the purpose of this Act shall be
expended. The establishment of the heritage area and its
boundaries shall not be construed to provide any nonexisting
regulatory authority on land use within the heritage area or
its viewshed by the Secretary, the National Park Service, or
the management entity.
(c) Tribal Lands.--Nothing in this Act shall restrict or
limit a tribe from protecting cultural or religious sites on
tribal lands.
(d) Trust Responsibilities.--Nothing in this Act shall
diminish the Federal Government's trust responsibilities or
government-to-government obligations to any federally
recognized Indian tribe.
SEC. 108. SUNSET.
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.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are 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.
TITLE II--NATIONAL AVIATION HERITAGE AREA
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Aviation Heritage
Area Act''.
SEC. 202. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Few technological advances have transformed the world
or our Nation's economy, society, culture, and national
character as the development of powered flight.
(2) The industrial, cultural, and natural heritage legacies
of the aviation and aerospace industry in the State of Ohio
are nationally significant.
(3) Dayton, Ohio, and other defined areas where the
development of the airplane and aerospace technology
established our Nation's leadership in both civil and
military aeronautics and astronautics set the foundation for
the 20th Century to be an American Century.
(4) Wright-Patterson Air Force Base in Dayton, Ohio, is the
birthplace, the home, and an integral part of the future of
aerospace.
(5) The economic strength of our Nation is connected
integrally to the vitality of the aviation and aerospace
industry, which is responsible for an estimated 11,200,000
American jobs.
(6) The industrial and cultural heritage of the aviation
and aerospace industry in the State of Ohio includes the
social history and living cultural traditions of several
generations.
(7) The Department of the Interior is responsible for
protecting and interpreting the Nation's cultural and
historic resources, and there are significant examples of
these resources within Ohio to merit the involvement of the
Federal Government to develop programs and projects in
cooperation with the Aviation Heritage Foundation,
Incorporated, the State of Ohio, and other local and
governmental entities to adequately conserve, protect, and
interpret this heritage for the educational and recreational
benefit of this and future generations of Americans, while
providing opportunities for education and revitalization.
(8) Since the enactment of the Dayton Aviation Heritage
Preservation Act of 1992 (Public Law 102-419), partnerships
among the Federal, State, and local governments and the
private sector have greatly assisted the development and
preservation of the historic aviation resources in the Miami
Valley.
(9) An aviation heritage area centered in Southwest Ohio is
a suitable and feasible management option to increase
collaboration, promote heritage tourism, and build on the
established partnerships among Ohio's historic aviation
resources and related sites.
(10) A critical level of collaboration among the historic
aviation resources in Southwest Ohio cannot be achieved
without a congressionally established national heritage area
and the support of the National Park Service and other
Federal agencies which own significant historic aviation-
related sites in Ohio.
(11) The Aviation Heritage Foundation, Incorporated, would
be an appropriate management entity to oversee the
development of the National Aviation Heritage Area.
(12) Five National Park Service and Dayton Aviation
Heritage Commission studies and planning documents: ``Study
of Alternatives: Dayton's Aviation Heritage'', ``Dayton
Aviation Heritage National Historical Park Suitability/
Feasibility Study'', ``Dayton Aviation Heritage General
Management Plan'', ``Dayton Historic Resources Preservation
and Development Plan'', and Heritage Area Concept Study,
demonstrated that sufficient historical resources exist to
establish the National Aviation Heritage Area.
(13) With the advent of the 100th anniversary of the first
powered flight in 2003, it is recognized that the
preservation of properties nationally significant in the
history of aviation is an important goal for the future
education of Americans.
(14) Local governments, the State of Ohio, and private
sector interests have embraced the heritage area concept and
desire to enter into a partnership with the Federal
government to preserve, protect, and develop the Heritage
Area for public benefit.
(15) The National Aviation Heritage Area would complement
and enhance the aviation-related resources within the
National Park Service, especially the Dayton Aviation
Heritage National Historical Park, Ohio.
(b) Purpose.--The purpose of this title is to establish the
Heritage Area to--
(1) encourage and facilitate collaboration among the
facilities, sites, organizations, governmental entities, and
educational institutions within the Heritage Area to promote
heritage tourism and to develop educational and cultural
programs for the public;
(2) preserve and interpret for the educational and
inspirational benefit of present and future generations the
unique and significant contributions to our national heritage
of certain historic and cultural lands, structures,
facilities, and sites within the National Aviation Heritage
Area;
(3) encourage within the National Aviation Heritage Area a
broad range of economic opportunities enhancing the quality
of life for present and future generations;
(4) provide a management framework to assist the State of
Ohio, its political subdivisions, other areas, and private
organizations, or combinations thereof, in preparing and
implementing an integrated Management Plan to conserve their
aviation heritage and in developing policies and programs
that will preserve, enhance, and interpret the cultural,
historical, natural, recreation, and scenic resources of the
Heritage Area; and
(5) authorize the Secretary to provide financial and
technical assistance to the State of Ohio, its political
subdivisions, and private organizations, or combinations
thereof, in preparing and implementing the private Management
Plan.
SEC. 203. DEFINITIONS.
For purposes of this title:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation.
(2) Financial assistance.--The term ``financial
assistance'' means funds appropriated by Congress and made
available to
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the management entity for the purpose of preparing and
implementing the Management Plan.
(3) Heritage area.--The term ``Heritage Area'' means the
National Aviation Heritage Area established by section 104 to
receive, distribute, and account for Federal funds
appropriated for the purpose of this title.
(4) Management plan.--The term ``Management Plan'' means
the management plan for the Heritage Area developed under
section 106.
(5) Management entity.--The term ``management entity''
means the Aviation Heritage Foundation, Incorporated (a
nonprofit corporation established under the laws of the State
of Ohio).
(6) Partner.--The term ``partner'' means a Federal, State,
or local governmental entity, organization, private industry,
educational institution, or individual involved in promoting
the conservation and preservation of the cultural and natural
resources of the Heritage Area.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Technical assistance.--The term ``technical
assistance'' means any guidance, advice, help, or aid, other
than financial assistance, provided by the Secretary.
SEC. 204. NATIONAL AVIATION HERITAGE AREA.
(a) Establishment.--There is established in the States of
Ohio and Indiana, the National Aviation Heritage Area.
(b) Boundaries.--The Heritage Area shall include the
following:
(1) A core area consisting of resources in Montgomery,
Greene, Warren, Miami, Clark, Champaign, Shelby, and Auglaize
Counties in Ohio.
(2) The Neil Armstrong Air & Space Museum, Wapakoneta,
Ohio.
(3) Sites, buildings, and districts within the core area
recommended by the Management Plan.
(c) Map.--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 the Aviation Heritage Foundation.
SEC. 205. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of implementing the
Management Plan, the management entity may use Federal funds
made available through this title to--
(1) make grants to, and enter into cooperative agreements
with, the State of Ohio and political subdivisions of that
State, private organizations, or any person;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--The management entity shall--
(1) develop and submit to the Secretary for approval the
proposed Management Plan in accordance with section 106;
(2) give priority to implementing actions set forth in the
Management Plan, including taking steps to assist units of
government and nonprofit organizations in preserving
resources within the Heritage Area;
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area in
developing and implementing the Management Plan;
(4) maintain a collaboration among the partners to promote
heritage tourism and to assist partners to develop
educational and cultural programs for the public;
(5) encourage economic viability in the Heritage Area
consistent with the goals of the Management Plan;
(6) assist units of government and nonprofit organizations
in--
(A) establishing and maintaining interpretive exhibits in
the Heritage Area;
(B) developing recreational resources in the Heritage Area;
(C) increasing public awareness of and appreciation for the
historical, natural, and architectural resources and sites in
the Heritage Area; and
(D) restoring historic buildings that relate to the
purposes of the Heritage Area;
(7) conduct public meetings at least quarterly regarding
the implementation of the Management Plan;
(8) submit substantial amendments to the Management Plan to
the Secretary for the approval of the Secretary; and
(9) for any year in which Federal funds have been received
under this title--
(A) submit an annual report to the Secretary that sets
forth the accomplishments of the management entity and its
expenses and income;
(B) make available to the Secretary for audit all records
relating to the expenditure of such funds and any matching
funds; and
(C) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
receiving organizations make available to the Secretary for
audit all records concerning the expenditure of such funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use
Federal funds received under this title to acquire real
property or an interest in real property.
(2) Other sources.--Nothing in this title precludes the
management entity from using Federal funds from other sources
for authorized purposes.
SEC. 206. MANAGEMENT PLAN.
(a) Preparation of Plan.--Not later than 3 years after the
date of the enactment of this title, the management entity
shall submit to the Secretary for approval a proposed
Management Plan that shall take into consideration State and
local plans and involve residents, public agencies, and
private organizations in the Heritage Area.
(b) Contents.--The Management Plan shall incorporate an
integrated and cooperative approach for the protection,
enhancement, and interpretation of the natural, cultural,
historic, scenic, and recreational resources of the Heritage
Area and shall include the following:
(1) An inventory of the resources contained in the core
area of the Heritage Area, including the Dayton Aviation
Heritage Historical Park, the sites, buildings, and districts
listed in section 202 of the Dayton Aviation Heritage
Preservation Act of 1992 (Public Law 102-419), and any other
property in the Heritage Area that is related to the themes
of the Heritage Area and that should be preserved, restored,
managed, or maintained because of its significance.
(2) An assessment of cultural landscapes within the
Heritage Area.
(3) Provisions for the protection, interpretation, and
enjoyment of the resources of the Heritage Area consistent
with the purposes of this title.
(4) An interpretation plan for the Heritage Area.
(5) A program for implementation of the Management Plan by
the management entity, including the following:
(A) Facilitating ongoing collaboration among the partners
to promote heritage tourism and to develop educational and
cultural programs for the public.
(B) Assisting partners planning for restoration and
construction.
(C) Specific commitments of the partners for the first 5
years of operation.
(6) The identification of sources of funding for
implementing the plan.
(7) A description and evaluation of the management entity,
including its membership and organizational structure.
(c) Disqualification From Funding.--If a proposed
Management Plan is not submitted to the Secretary within 3
years of the date of the enactment of this title, 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.
(d) Approval and Disapproval of Management Plan.--The
Secretary, in consultation with the State of Ohio, shall
approve or disapprove the proposed Management Plan submitted
under this title not later than 90 days after receiving such
proposed Management Plan.
(e) 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.
(f) 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. 207. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL
AGENCIES.
(a) Technical and Financial Assistance.--Upon the request
of the management entity, the Secretary may provide technical
assistance, on a reimbursable or nonreimbursable basis, and
financial assistance to the Heritage Area to develop and
implement the management plan. The Secretary is authorized to
enter into cooperative agreements with the management entity
and other public or private entities for this purpose. In
assisting the Heritage Area, the Secretary shall give
priority to actions that in general assist in--
(1) conserving the significant natural, historic, cultural,
and scenic resources of the Heritage Area; and
(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(b) Duties of Other Federal Agencies.--Any Federal agency
conducting or supporting activities directly affecting the
Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this title;
(3) to the maximum extent practicable, coordinate such
activities with the carrying out of such duties; and
(4) to the maximum extent practicable, conduct or support
such activities in a manner which the management entity
determines will not have an adverse effect on the Heritage
Area.
SEC. 208. COORDINATION BETWEEN THE SECRETARY AND THE
SECRETARY OF DEFENSE AND THE ADMINISTRATOR OF
NASA.
The decisions concerning the execution of this title as it
applies to properties under the control of the Secretary of
Defense and the Administrator of the National Aeronautics and
Space Administration shall be made by such Secretary or such
Administrator, in consultation with the Secretary of the
Interior.
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SEC. 209. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--
No privately owned property shall be preserved, conserved, or
promoted by the management plan for the Heritage Area until
the owner of that private property has been notified in
writing by the management entity and has given written
consent for such preservation, conservation, or promotion to
the management entity.
(b) Landowner Withdraw.--Any owner of private property
included within the boundary of the Heritage Area shall have
their property immediately removed from the boundary by
submitting a written request to the management entity.
SEC. 210. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this title
shall be construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not
be considered to create any liability, or to have any effect
on any liability under any other law, of any private property
owner with respect to any persons injured on such private
property.
(c) Recognition of Authority to Control Land Use.--Nothing
in this title shall be construed to modify the authority of
Federal, State, or local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage
Area.--Nothing in this title shall be construed to require
the owner of any private property located within the
boundaries of the Heritage Area to participate in or be
associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for
the Heritage Area represent the area within which Federal
funds appropriated for the purpose of this title may be
expended. The establishment of the Heritage Area and its
boundaries shall not be construed to provide any nonexisting
regulatory authority on land use within the Heritage Area or
its viewshed by the Secretary, the National Park Service, or
the management entity.
SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out this title there is
authorized to be appropriated $10,000,000, except that not
more than $1,000,000 may be appropriated to carry out this
title for any fiscal year.
(b) Fifty Percent Match.--The Federal share of the cost of
activities carried out using any assistance or grant under
this title shall not exceed 50 percent.
SEC. 212. SUNSET PROVISION.
The authority of the Secretary to provide assistance under
this title terminates on the date that is 15 years after the
date that funds are first made available for this title.
TITLE III--WRIGHT COMPANY FACTORY STUDY
SEC. 301. STUDY AND REPORT.
(a) Study.--
(1) In general.--The Secretary shall conduct a special
resource study updating the study required under section 104
of the Dayton Aviation Heritage Preservation Act of 1992
(Public Law 102-419) and detailing alternatives for
incorporating the Wright Company factory as a unit of Dayton
Aviation Heritage National Historical Park.
(2) Contents.--The study shall include an analysis of
alternatives for including the Wright Company factory as a
unit of Dayton Aviation Heritage National Historical Park
that detail management and development options and costs.
(3) Consultation.--In conducting the study, the Secretary
shall consult with the Delphi Corporation, the Aviation
Heritage Foundation, State and local agencies, and other
interested parties in the area.
(b) Report.--Not later than 3 years after funds are first
made available for this section, 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 describing the results of the study conducted
under this section.
TITLE IV--STEEL INDUSTRY NATIONAL HISTORIC SITE
SEC. 401. SHORT TITLE.
This title may be cited as the ``Steel Industry National
Historic Site Act''.
SEC. 402. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Certain sites and structures in the Commonwealth of
Pennsylvania symbolize in physical form the heritage of the
steel industry of the United States.
(2) Certain buildings and other structures in the
Commonwealth of Pennsylvania are nationally significant
historical resources, including the United States Steel
Homestead Works, the Carrie Furnace complex, and the Hot
Metal Bridge.
(3) Despite substantial efforts for cultural preservation
and historical interpretation by the Commonwealth of
Pennsylvania and by individuals and public and private
entities in the Commonwealth, these buildings and other
structures may be lost without the assistance of the Federal
Government.
(b) Purposes.--The purposes of this title are to ensure the
preservation, interpretation, visitor enjoyment, and
maintenance of the nationally significant historical and
cultural sites and structures described in subsection (a) for
the benefit and inspiration of present and future
generations.
SEC. 403. STEEL INDUSTRY NATIONAL HISTORIC SITE,
PENNSYLVANIA.
(a) Establishment.--The Steel Industry National Historic
Site is hereby established as a unit of the National Park
System in the Commonwealth of Pennsylvania.
(b) Description.--
(1) Inclusion of certain property.--Subject to paragraph
(2), the historic site shall consist of the following
properties, each of which relate to the former United States
Steel Homestead Works, as depicted on the map entitled
``Steel Industry National Historic Site'', dated November
2003, and numbered 80,000:
(A) The historic location of the Battle of Homestead site
in the borough of Munhall, Pennsylvania, consisting of
approximately 3 acres of land, including the pumphouse and
water tower and related structures, within the property
bounded by the Monongahela River, the CSX railroad,
Waterfront Drive, and the Damascus-Marcegaglia Steel Mill.
(B) The historic location of the Carrie Furnace complex in
the boroughs of Swissvale and Rankin, Pennsylvania,
consisting of approximately 35 acres of land, including blast
furnaces 6 and 7, the ore yard, the cast house, the blowing
engine house, the AC power house, and related structures,
within the property bounded by the proposed southwesterly
right-of-way line needed to accommodate the Mon/Fayette
Expressway and the relocated CSX railroad right-of-way, the
Monongahela River, and a property line drawn northeast to
southwest approximately 100 yards east of the AC power house.
(C) The historic location of the Hot Metal Bridge,
consisting of the Union railroad bridge and its approaches,
spanning the Monongahela River and connecting the mill sites
in the boroughs of Rankin and Munhall, Pennsylvania.
(2) Availability of map.--The map referred to in paragraph
(1) shall be available for public inspection in an
appropriate office of the National Park Service.
(c) Acquisition of Property.--To further the purposes of
this section, the Secretary of the Interior may acquire, only
by donation, property for inclusion in the historic site as
follows:
(1) Any land or interest in land with respect to the
property identified in subsection (b)(1).
(2) Up to 10 acres of land adjacent to or in the general
proximity of the property identified in such subsection, for
the development of visitor, administrative, museum,
curatorial, and maintenance facilities.
(3) Personal property associated with, and appropriate for,
the interpretation of the historic site.
(d) Private Property Protections.--Nothing in this title
shall be construed--
(1) to require any private property owner to permit public
access (including Federal, State, or local government access)
to the private property; or
(2) to modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(e) Administration.--The Secretary of the Interior shall
administer the historic site in accordance with this title
and the provisions of law generally applicable to units of
the National Park System, including the Act of August 25,
1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935
(16 U.S.C. 461 et seq.).
(f) Cooperative Agreements.--
(1) In general.--Until such time as the Secretary of the
Interior has acquired the property identified in subsection
(b)(1), as depicted on the map referred to in such
subsection, the Secretary may enter into a cooperative
agreement with any interested individual, public or private
agency, organization, or institution to further the purposes
of the historic site.
(2) Contrary purposes.--Any payment made by the Secretary
pursuant to a cooperative agreement under this subsection
shall be subject to an agreement that conversion, use, or
disposal of the project so assisted for purposes contrary to
the purpose of the historic site, as determined by the
Secretary, shall result in a right of the United States to
reimbursement of all funds made available to such a project
or the proportion of the increased value of the project
attributable to such funds as determined at the time of such
conversion, use, or disposal, whichever is greater.
(g) Technical Assistance.--The Secretary of the Interior
may provide technical assistance to any person for--
(1) the preservation of historic structures within the
historic site; and
(2) the maintenance of the natural and cultural landscape
of the historic site.
(h) General Management Plan.--
(1) Preparation.--Not later than three years after the date
on which funds are first made available to carry out this
title, the Secretary of the Interior shall prepare a general
management plan for the historic site that will incorporate
or otherwise address substantive comments made during the
consultation required by paragraph (2).
(2) Consultation.--The Secretary shall prepare the general
management plan in consultation with--
(A) an appropriate official of each appropriate political
subdivision of the Commonwealth of Pennsylvania that has
jurisdiction over all or a portion of the lands included in
the historic site;
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(B) an appropriate official of the Steel Industry Heritage
Corporation; and
(C) private property owners in the vicinity of the historic
site.
(3) Submission of plan to congress.--Upon the completion of
the general management plan, the Secretary shall submit a
copy of the plan to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the
House of Representatives.
SEC. 404. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the purposes of
this title $25,000,000.
TITLE V--ST. CROIX NATIONAL HERITAGE AREA STUDY
SEC. 501. ST. CROIX NATIONAL HERITAGE AREA STUDY.
(a) Short Title.--This section may be cited as the ``St.
Croix National Heritage Area Study Act''.
(b) Study.--The Secretary of the Interior, in consultation
with appropriate State historic preservation officers, States
historical societies, and other appropriate organizations,
shall conduct a study regarding the suitability and
feasibility of designating the island of St. Croix as the St.
Croix National Heritage Area. The study shall include
analysis, documentation, and determination regarding whether
the island of St. Croix--
(1) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities and by
combining diverse and sometimes noncontiguous resources and
active communities;
(2) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(3) provides outstanding recreational and educational
opportunities;
(4) contains resources important to the identified theme or
themes of the island of St. Croix that retain a degree of
integrity capable of supporting interpretation;
(5) includes residents, business interests, nonprofit
organizations, and local and State governments that are
involved in the planning, have developed a conceptual
financial plan that outlines the roles of all participants
(including the Federal Government), and have demonstrated
support for the concept of a national heritage area;
(6) has a potential management entity to work in
partnership with residents, business interests, nonprofit
organizations, and local and State governments to develop a
national heritage area consistent with continued local and
State economic activity; and
(7) has a conceptual boundary map that is supported by the
public.
(c) Private Property.--In conducting the study required by
this section, the Secretary of the Interior shall analyze the
potential impact that designation of the area as a national
heritage area is likely to have on land within the proposed
area or bordering the proposed area that is privately owned
at the time that the study is conducted.
(d) Report.--Not later than 3 fiscal years after the date
on which funds are first made available for this section, the
Secretary of the Interior shall submit to the Committee on
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report on the
findings, conclusions, and recommendations as the Secretary
deems appropriate.
TITLE VI--ARABIA MOUNTAIN NATIONAL HERITAGE AREA
SEC. 601. SHORT TITLE.
This title may be cited as the ``Arabia Mountain National
Heritage Area Act''.
SEC. 602. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Arabia Mountain area contains a variety of natural,
cultural, historical, scenic, and recreational resources that
together represent distinctive aspects of the heritage of the
United States that are worthy of recognition, conservation,
interpretation, and continuing use.
(2) The best methods for managing the resources of the
Arabia Mountain area would be through partnerships between
public and private entities that combine diverse resources
and active communities.
(3) Davidson-Arabia Mountain Nature Preserve, a 535-acre
park in DeKalb County, Georgia--
(A) protects granite outcrop ecosystems, wetland, and pine
and oak forests; and
(B) includes federally-protected plant species.
(4) Panola Mountain, a national natural landmark, located
in the 860-acre Panola Mountain State Conservation Park, is a
rare example of a pristine granite outcrop.
(5) The archaeological site at Miners Creek Preserve along
the South River contains documented evidence of early human
activity.
(6) The city of Lithonia, Georgia, and related sites of
Arabia Mountain and Stone Mountain possess sites that display
the history of granite mining as an industry and culture in
Georgia, and the impact of that industry on the United
States.
(7) The community of Klondike is eligible for designation
as a National Historic District.
(8) The city of Lithonia has 2 structures listed on the
National Register of Historic Places.
(b) Purposes.--The purposes of this title are as follows:
(1) To recognize, preserve, promote, interpret, and make
available for the benefit of the public the natural,
cultural, historical, scenic, and recreational resources in
the area that includes Arabia Mountain, Panola Mountain,
Miners Creek, and other significant sites and communities.
(2) To assist the State of Georgia and the counties of
DeKalb, Rockdale, and Henry in the State in developing and
implementing an integrated cultural, historical, and land
resource management program to protect, enhance, and
interpret the significant resources within the heritage area.
SEC. 603. DEFINITIONS.
For the purposes of this title, the following definitions
apply:
(1) Heritage area.--The term ``heritage area'' means the
Arabia Mountain National Heritage Area established by section
504.
(2) Management entity.--The term ``management entity''
means the Arabia Mountain Heritage Area Alliance or a
successor of the Arabia Mountain Heritage Area Alliance.
(3) Management plan.--The term ``management plan'' means
the management plan for the heritage area developed under
section 506.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Georgia.
SEC. 604. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Arabia
Mountain National Heritage Area in the State.
(b) Boundaries.--The heritage area shall consist of certain
parcels of land in the counties of DeKalb, Rockdale, and
Henry in the State, as generally depicted on the map entitled
``Arabia Mountain National Heritage Area'', numbered AMNHA/
80,000, and dated October, 2003.
(c) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(d) Management Entity.--The Arabia Mountain Heritage Area
Alliance shall be the management entity for the heritage
area.
SEC. 605. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of developing and
implementing the management plan, the management entity may--
(1) make grants to, and enter into cooperative agreements
with, the State, political subdivisions of the State, and
private organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--
(1) Management plan.--
(A) In general.--The management entity shall develop and
submit to the Secretary the management plan.
(B) Considerations.--In developing and implementing the
management plan, the management entity shall consider the
interests of diverse governmental, business, and nonprofit
groups within the heritage area.
(2) Priorities.--The management entity shall give priority
to implementing actions described in the management plan,
including assisting units of government and nonprofit
organizations in preserving resources within the heritage
area.
(3) Public meetings.--The management entity shall conduct
public meetings at least quarterly on the implementation of
the management plan.
(4) Annual report.--For any year in which Federal funds
have been made available under this title, the management
entity shall submit to the Secretary an annual report that
describes the following:
(A) The accomplishments of the management entity.
(B) The expenses and income of the management entity.
(5) Audit.--The management entity shall--
(A) make available to the Secretary for audit all records
relating to the expenditure of Federal funds and any matching
funds; and
(B) require, with respect to all agreements authorizing
expenditure of Federal funds by other organizations, that the
receiving organizations make available to the Secretary for
audit all records concerning the expenditure of those funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use
Federal funds made available under this title to acquire real
property or an interest in real property.
(2) Other sources.--Nothing in this title precludes the
management entity from using Federal funds made available
under other Federal laws for any purpose for which the funds
are authorized to be used.
SEC. 606. MANAGEMENT PLAN.
(a) In General.--The management entity shall develop a
management plan for the heritage area that incorporates an
integrated and cooperative approach to protect, interpret,
and enhance the natural, cultural, historical, scenic, and
recreational resources of the heritage area.
(b) Basis.--The management plan shall be based on the
preferred concept in the document entitled ``Arabia Mountain
National Heritage Area Feasibility Study'', dated February
28, 2001.
(c) Consideration of Other Plans and Actions.--The
management plan shall--
(1) take into consideration State and local plans; and
[[Page H8357]]
(2) involve residents, public agencies, and private
organizations in the heritage area.
(d) Requirements.--The management plan shall include the
following:
(1) An inventory of the resources in the heritage area,
including--
(A) a list of property in the heritage area that--
(i) relates to the purposes of the heritage area; and
(ii) should be preserved, restored, managed, or maintained
because of the significance of the property; and
(B) an assessment of cultural landscapes within the
heritage area.
(2) Provisions for the protection, interpretation, and
enjoyment of the resources of the heritage area consistent
with the purposes of this title.
(3) An interpretation plan for the heritage area.
(4) A program for implementation of the management plan
that includes--
(A) actions to be carried out by units of government,
private organizations, and public-private partnerships to
protect the resources of the heritage area; and
(B) the identification of existing and potential sources of
funding for implementing the plan.
(5) A description and evaluation of the management entity,
including the membership and organizational structure of the
management entity.
(e) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the management entity shall submit
the management plan to the Secretary for approval.
(2) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this title until such date as a management plan
for the heritage area is submitted to the Secretary.
(f) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (e), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(2) Action following disapproval.--
(A) Revision.--If the Secretary disapproves a management
plan submitted under paragraph (1), the Secretary shall--
(i) advise the management entity in writing of the reasons
for the disapproval;
(ii) make recommendations for revisions to the management
plan; and
(iii) allow the management entity to submit to the
Secretary revisions to the management plan.
(B) Deadline for approval of revision.--Not later than 90
days after the date on which a revision is submitted under
subparagraph (A)(iii), the Secretary shall approve or
disapprove the revision.
(g) Revision of Management Plan.--
(1) In general.--After approval by the Secretary of a
management plan, the management entity shall periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and approval by the
Secretary, the recommendations of the management entity for
any revisions to the management plan that the management
entity considers to be appropriate.
(2) Expenditure of funds.--No funds made available under
this title shall be used to implement any revision proposed
by the management entity under paragraph (1)(B) until the
Secretary approves the revision.
SEC. 607. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--At the request of the management entity,
the Secretary may provide technical and financial assistance
to the heritage area to develop and implement the management
plan.
(b) Priority.--In providing assistance under subsection
(a), the Secretary shall give priority to actions that
facilitate--
(1) the conservation of the significant natural, cultural,
historical, scenic, and recreational resources that support
the purposes of the heritage area; and
(2) the provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources and associated values of the heritage area.
SEC. 608. EFFECT ON CERTAIN AUTHORITY.
(a) Occupational, Safety, Conservation, and Environmental
Regulation.--Nothing in this title--
(1) imposes an occupational, safety, conservation, or
environmental regulation on the heritage area that is more
stringent than the regulations that would be applicable to
the land described in section 504(b) but for the
establishment of the heritage area by section 504; or
(2) authorizes a Federal agency to promulgate an
occupational, safety, conservation, or environmental
regulation for the heritage area that is more stringent than
the regulations applicable to the land described in section
504(b) as of the date of enactment of this Act, solely as a
result of the establishment of the heritage area by section
504.
(b) Land Use Regulation.--Nothing in this title--
(1) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate
any use of land as provided for by law (including
regulations) in existence on the date of enactment of this
Act; or
(2) grants powers of zoning or land use to the management
entity.
SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--
No privately owned property shall be preserved, conserved, or
promoted by the management plan for the Heritage Area until
the owner of that private property has been notified in
writing by the management entity and has given written
consent for such preservation, conservation, or promotion to
the management entity.
(b) Landowner Withdraw.--Any owner of private property
included within the boundary of the Heritage Area shall have
their property immediately removed from the boundary by
submitting a written request to the management entity.
SEC. 610. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this title
shall be construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not
be considered to create any liability, or to have any effect
on any liability under any other law, of any private property
owner with respect to any persons injured on such private
property.
(c) Recognition of Authority to Control Land Use.--Nothing
in this title shall be construed to modify the authority of
Federal, State, or local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage
Area.--Nothing in this title shall be construed to require
the owner of any private property located within the
boundaries of the Heritage Area to participate in or be
associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for
the Heritage Area represent the area within which Federal
funds appropriated for the purpose of this title may be
expended. The establishment of the Heritage Area and its
boundaries shall not be construed to provide any nonexisting
regulatory authority on land use within the Heritage Area or
its viewshed by the Secretary, the National Park Service, or
the management entity.
SEC. 611. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this title $10,000,000, to remain available until
expended, of which not more than $1,000,000 may be used in
any fiscal year.
(b) Federal Share.--The Federal share of the cost of any
project or activity carried out using funds made available
under this title shall not exceed 50 percent.
SEC. 612. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under
this title terminates on the date that is 15 years after the
date that funds are first made available for this title.
TITLE VII--UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA
SEC. 701. SHORT TITLE.
This title may be cited as the ``Upper Housatonic Valley
National Heritage Area Act''.
SEC. 702. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The upper Housatonic Valley, encompassing 29 towns in
the hilly terrain of western Massachusetts and northwestern
Connecticut, is a singular geographical and cultural region
that has made significant national contributions through its
literary, artistic, musical, and architectural achievements,
its iron, paper, and electrical equipment industries, and its
scenic beautification and environmental conservation efforts.
(2) The upper Housatonic Valley has 139 properties and
historic districts listed on the National Register of
Historic Places including--
(A) five National Historic Landmarks--
(i) Edith Wharton's home, The Mount, Lenox, Massachusetts;
(ii) Herman Melville's home, Arrowhead, Pittsfield,
Massachusetts;
(iii) W.E.B. DuBois' Boyhood Homesite, Great Barrington,
Massachusetts;
(iv) Mission House, Stockbridge, Massachusetts; and
(v) Crane and Company Old Stone Mill Rag Room, Dalton,
Massachusetts; and
(B) four National Natural Landmarks--
(i) Bartholomew's Cobble, Sheffield, Massachusetts, and
Salisbury, Connecticut;
(ii) Beckley Bog, Norfolk, Connecticut;
(iii) Bingham Bog, Salisbury, Connecticut; and
(iv) Cathedral Pines, Cornwall, Connecticut.
(3) Writers, artists, musicians, and vacationers have
visited the region for more than 150 years to enjoy its
scenic wonders, making it one of the country's leading
cultural resorts.
(4) The upper Housatonic Valley has made significant
national cultural contributions through such writers as
Herman Melville, Nathaniel Hawthorne, Edith Wharton, and
W.E.B. DuBois, artists Daniel Chester French and Norman
Rockwell, and the performing arts centers of Tanglewood,
Music
[[Page H8358]]
Mountain, Norfolk (Connecticut) Chamber Music Festival,
Jacob's Pillow, and Shakespeare & Company.
(5) The upper Housatonic Valley is noted for its pioneering
achievements in the iron, paper, and electrical generation
industries and has cultural resources to interpret those
industries.
(6) The region became a national leader in scenic
beautification and environmental conservation efforts
following the era of industrialization and deforestation and
maintains a fabric of significant conservation areas
including the meandering Housatonic River.
(7) Important historical events related to the American
Revolution, Shays' Rebellion, and early civil rights took
place in the upper Housatonic Valley.
(8) The region had an American Indian presence going back
10,000 years and Mohicans had a formative role in contact
with Europeans during the seventeenth and eighteenth
centuries.
(9) The Upper Housatonic Valley National Heritage Area has
been proposed in order to heighten appreciation of the
region, preserve its natural and historical resources, and
improve the quality of life and economy of the area.
(b) Purposes.--The purposes of this title are as follows:
(1) To establish the Upper Housatonic Valley National
Heritage Area in the State of Connecticut and the
Commonwealth of Massachusetts.
(2) To implement the national heritage area alternative as
described in the document entitled ``Upper Housatonic Valley
National Heritage Area Feasibility Study, 2003''.
(3) To provide a management framework to foster a close
working relationship with all levels of government, the
private sector, and the local communities in the upper
Housatonic Valley region to conserve the region's heritage
while continuing to pursue compatible economic opportunities.
(4) To assist communities, organizations, and citizens in
the State of Connecticut and the Commonwealth of
Massachusetts in identifying, preserving, interpreting, and
developing the historical, cultural, scenic, and natural
resources of the region for the educational and inspirational
benefit of current and future generations.
SEC. 703. DEFINITIONS.
In this title:
(1) Heritage area.--The term ``Heritage Area'' means the
Upper Housatonic Valley National Heritage Area, established
in section 604.
(2) Management entity.--The term ``Management Entity''
means the management entity for the Heritage Area designated
by section 604(d).
(3) Management plan.--The term ``Management Plan'' means
the management plan for the Heritage Area specified in
section 606.
(4) Map.--The term ``map'' means the map entitled
``Boundary Map Upper Housatonic Valley National Heritage
Area'', numbered P17/80,000, and dated February 2003.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Connecticut and the Commonwealth of Massachusetts.
SEC. 704. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Upper
Housatonic Valley National Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of--
(1) part of the Housatonic River's watershed, which extends
60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
(2) the towns of Canaan, Colebrook, Cornwall, Kent,
Norfolk, North Canaan, Salisbury, Sharon, and Warren in
Connecticut; and
(3) the towns of Alford, Becket, Dalton, Egremont, Great
Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox,
Monterey, Mount Washington, New Marlboro, Pittsfield,
Richmond, Sheffield, Stockbridge, Tyringham, Washington, and
West Stockbridge in Massachusetts.
(c) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service, Department of the Interior.
(d) Management Entity.--The Upper Housatonic Valley
National Heritage Area, Inc. shall be the management entity
for the Heritage Area.
SEC. 705. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE
MANAGEMENT ENTITY.
(a) Duties of the Management Entity.--To further the
purposes of the Heritage Area, the management entity shall--
(1) prepare and submit a management plan for the Heritage
Area to the Secretary in accordance with section 606;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(A) carrying out programs and projects that recognize,
protect and enhance important resource values within the
Heritage Area;
(B) establishing and maintaining interpretive exhibits and
programs within the Heritage Area;
(C) developing recreational and educational opportunities
in the Heritage Area;
(D) increasing public awareness of and appreciation for
natural, historical, scenic, and cultural resources of the
Heritage Area;
(E) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with heritage area
themes;
(F) ensuring that signs identifying points of public access
and sites of interest are posted throughout the Heritage
Area; and
(G) promoting a wide range of partnerships among
governments, organizations and individuals to further the
purposes of the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
(4) conduct meetings open to the public at least semi-
annually regarding the development and implementation of the
management plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the management entity receives Federal funds
under this title, setting forth its accomplishments,
expenses, and income, including grants to any other entities
during the year for which the report is made;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this title, all information
pertaining to the expenditure of such funds and any matching
funds, and require in all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organizations make available for such audit all records and
other information pertaining to the expenditure of such
funds; and
(7) encourage by appropriate means economic development
that is consistent with the purposes of the Heritage Area.
(b) Authorities.--The management entity may, for the
purposes of preparing and implementing the management plan
for the Heritage Area, use Federal funds made available
through this title to--
(1) make grants to the State of Connecticut and the
Commonwealth of Massachusetts, their political subdivisions,
nonprofit organizations and other persons;
(2) enter into cooperative agreements with or provide
technical assistance to the State of Connecticut and the
Commonwealth of Massachusetts, their subdivisions, nonprofit
organizations, and other interested parties;
(3) hire and compensate staff, which shall include
individuals with expertise in natural, cultural, and
historical resources protection, and heritage programming;
(4) obtain money or services from any source including any
that are provided under any other Federal law or program;
(5) contract for goods or services; and
(6) undertake to be a catalyst for any other activity that
furthers the purposes of the Heritage Area and is consistent
with the approved management plan.
(c) Prohibitions on the Acquisition of Real Property.--The
management entity may not use Federal funds received under
this title to acquire real property, but may use any other
source of funding, including other Federal funding outside
this authority, intended for the acquisition of real
property.
SEC. 706. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage Area
shall--
(1) include comprehensive policies, strategies and
recommendations for conservation, funding, management and
development of the Heritage Area;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the natural, historical and cultural resources of the
Heritage Area;
(4) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Area in the
first 5 years of implementation;
(5) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area related to the themes of the Heritage Area
that should be preserved, restored, managed, developed, or
maintained;
(6) describe a program of implementation for the management
plan including plans for resource protection, restoration,
construction, and specific commitments for implementation
that have been made by the management entity or any
government, organization, or individual for the first 5 years
of implementation; and
(7) include an interpretive plan for the Heritage Area.
(b) Deadline and Termination of Funding.--
(1) Deadline.--The management entity shall submit the
management plan to the Secretary for approval within 3 years
after funds are made available for this title.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this
subsection, the management entity shall not qualify for
Federal funding under this title until such time as the
management plan is submitted to the Secretary.
SEC. 707. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--The Secretary may,
upon the request of the management entity, provide technical
assistance on a reimbursable or non-reimbursable basis and
financial assistance to the Heritage Area to develop and
implement the approved management plan. The Secretary is
authorized to enter into cooperative agreements with the
management entity and
[[Page H8359]]
other public or private entities for this purpose. In
assisting the Heritage Area, the Secretary shall give
priority to actions that in general assist in--
(1) conserving the significant natural, historical,
cultural, and scenic resources of the Heritage Area; and
(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(b) Approval and Disapproval of Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
the management plan not later than 90 days after receiving
the management plan.
(2) Criteria for approval.--In determining the approval of
the management plan, the Secretary shall consider whether--
(A) the management entity is representative of the diverse
interests of the Heritage Area including governments, natural
and historic resource protection organizations, educational
institutions, businesses, and recreational organizations;
(B) the management entity has afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the management
plan;
(C) the resource protection and interpretation strategies
contained in the management plan, if implemented, would
adequately protect the natural, historical, and cultural
resources of the Heritage Area; and
(D) the management plan is supported by the appropriate
State and local officials whose cooperation is needed to
ensure the effective implementation of the State and local
aspects of the management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise
the management entity in writing of the reasons therefore and
shall make recommendations for revisions to the management
plan. The Secretary shall approve or disapprove a proposed
revision within 60 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed by the Secretary and
approved in the same manner as provided for the original
management plan. The management entity shall not use Federal
funds authorized by this title to implement any amendments
until the Secretary has approved the amendments.
SEC. 708. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities
directly affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this title and, to the
maximum extent practicable, coordinate such activities with
the carrying out of such duties; and,
(3) to the maximum extent practicable, conduct or support
such activities in a manner which the management entity
determines will not have an adverse effect on the Heritage
Area.
SEC. 709. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--
No privately owned property shall be preserved, conserved, or
promoted by the management plan for the Heritage Area until
the owner of that private property has been notified in
writing by the management entity and has given written
consent for such preservation, conservation, or promotion to
the management entity.
(b) Landowner Withdraw.--Any owner of private property
included within the boundary of the Heritage Area shall have
their property immediately removed from the boundary by
submitting a written request to the management entity.
SEC. 710. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this title
shall be construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not
be considered to create any liability, or to have any effect
on any liability under any other law, of any private property
owner with respect to any persons injured on such private
property.
(c) Recognition of Authority to Control Land Use.--Nothing
in this title shall be construed to modify the authority of
Federal, State, or local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage
Area.--Nothing in this title shall be construed to require
the owner of any private property located within the
boundaries of the Heritage Area to participate in or be
associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for
the Heritage Area represent the area within which Federal
funds appropriated for the purpose of this title may be
expended. The establishment of the Heritage Area and its
boundaries shall not be construed to provide any nonexisting
regulatory authority on land use within the Heritage Area or
its viewshed by the Secretary, the National Park Service, or
the management entity.
SEC. 711. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for
the purposes of this title not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may be
appropriated for the Heritage Area under this title.
(b) Matching Funds.--Federal funding provided under this
title may not exceed 50 percent of the total cost of any
assistance or grant provided or authorized under this title.
SEC. 712. SUNSET.
The authority of the Secretary to provide assistance under
this title shall terminate on the day occurring 15 years
after funds are first made available for this title.
TITLE VIII--OIL REGION NATIONAL HERITAGE AREA
SEC. 801. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Oil
Region National Heritage Area Act''.
(b) Definitions.--For the purposes of this title, the
following definitions shall apply:
(1) Heritage area.--The term ``Heritage Area'' means the
Oil Region National Heritage Area established in section
703(a).
(2) Management entity.--The term ``management entity''
means the Oil Heritage Region, Inc., or its successor entity.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 802. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Oil Region of Northwestern Pennsylvania, with
numerous sites and districts listed on the National Register
of Historic Places, and designated by the Governor of
Pennsylvania as one of the State Heritage Park Areas, is a
region with tremendous physical and natural resources and
possesses a story of State, national, and international
significance.
(2) The single event of Colonel Edwin Drake's drilling of
the world's first successful oil well in 1859 has affected
the industrial, natural, social, and political structures of
the modern world.
(3) Six national historic districts are located within the
State Heritage Park boundary, in Emlenton, Franklin, Oil
City, and Titusville, as well as 17 separate National
Register sites.
(4) The Allegheny River, which was designated as a
component of the national wild and scenic rivers system in
1992 by Public Law 102-271, traverses the Oil Region and
connects several of its major sites, as do some of the
river's tributaries such as Oil Creek, French Creek, and
Sandy Creek.
(5) The unspoiled rural character of the Oil Region
provides many natural and recreational resources, scenic
vistas, and excellent water quality for people throughout the
United States to enjoy.
(6) Remnants of the oil industry, visible on the landscape
to this day, provide a direct link to the past for visitors,
as do the historic valley settlements, riverbed settlements,
plateau developments, farmlands, and industrial landscapes.
(7) The Oil Region also represents a cross section of
American history associated with Native Americans, frontier
settlements, the French and Indian War, African Americans and
the Underground Railroad, and immigration of Swedish and
Polish individuals, among others.
(8) Involvement by the Federal Government shall serve to
enhance the efforts of the Commonwealth of Pennsylvania,
local subdivisions of the Commonwealth of Pennsylvania,
volunteer organizations, and private businesses, to promote
the cultural, national, and recreational resources of the
region in order to fulfill their full potential.
(b) Purpose.--The purpose of this title is to enhance a
cooperative management framework to assist the Commonwealth
of Pennsylvania, its units of local government, and area
citizens in conserving, enhancing, and interpreting the
significant features of the lands, water, and structures of
the Oil Region, in a manner consistent with compatible
economic development for the benefit and inspiration of
present and future generations in the Commonwealth of
Pennsylvania and the United States.
SEC. 803. OIL REGION NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established the Oil
Region National Heritage Area.
(b) Boundaries.--The boundaries of the Heritage Area shall
include all of those lands depicted on a map entitled ``Oil
Region National Heritage Area'', numbered OIRE/20,000 and
dated October, 2000. The map shall be on file in the
appropriate offices of the National Park Service. The
Secretary of the Interior shall publish in the Federal
Register, as soon as practical after the date of the
enactment of this Act, a detailed description and map of the
boundaries established under this subsection.
(c) Management Entity.--The management entity for the
Heritage Area shall be the Oil Heritage Region, Inc., the
locally based private, nonprofit management corporation which
shall oversee the development of a management plan in
accordance with section 705(b).
SEC. 804. COMPACT.
To carry out the purposes of this title, the Secretary
shall enter into a compact with the management entity. The
compact shall include information relating to the objectives
and management of the area, including
[[Page H8360]]
a discussion of the goals and objectives of the Heritage
Area, including an explanation of the proposed approach to
conservation and interpretation and a general outline of the
protection measures committed to by the Secretary and
management entity.
SEC. 805. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management
entity may use funds made available under this title for
purposes of preparing, updating, and implementing the
management plan developed under subsection (b). Such purposes
may include--
(1) making grants to, and entering into cooperative
agreements with, States and their political subdivisions,
private organizations, or any other person;
(2) hiring and compensating staff; and
(3) undertaking initiatives that advance the purposes of
the Heritage Area.
(b) Management Plan.--The management entity shall develop a
management plan for the Heritage Area that--
(1) presents comprehensive strategies and recommendations
for conservation, funding, management, and development of the
Heritage Area;
(2) takes into consideration existing State, county, and
local plans and involves residents, public agencies, and
private organizations working in the Heritage Area;
(3) includes a description of actions that units of
government and private organizations have agreed to take to
protect the resources of the Heritage Area;
(4) specifies the existing and potential sources of funding
to protect, manage, and develop the Heritage Area;
(5) includes 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 should be preserved, restored, managed,
developed, or maintained because of its natural, cultural,
historic, recreational, or scenic significance;
(6) describes a program for implementation of the
management plan by the management entity, including plans for
restoration and construction, and specific commitments for
that implementation that have been made by the management
entity and any other persons for the first 5 years of
implementation;
(7) lists any revisions to the boundaries of the Heritage
Area proposed by the management entity and requested by the
affected local government; and
(8) includes an interpretation plan for the Heritage Area.
(c) Deadline; Termination of Funding.--
(1) Deadline.--The management entity shall submit the
management plan to the Secretary within 2 years after the
funds are made available for this title.
(2) Termination of funding.--If a management plan is not
submitted to the Secretary in accordance with this
subsection, the management entity shall not qualify for
Federal assistance under this title.
(d) Duties of Management Entity.--The management entity
shall--
(1) give priority to implementing actions set forth in the
compact and management plan;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in--
(A) establishing and maintaining interpretive exhibits in
the Heritage Area;
(B) developing recreational resources in the Heritage Area;
(C) increasing public awareness of and appreciation for the
natural, historical, and architectural resources and sites in
the Heritage Area;
(D) the restoration of any historic building relating to
the themes of the Heritage Area;
(E) ensuring that clear signs identifying access points and
sites of interest are put in place throughout the Heritage
Area; and
(F) carrying out other actions that the management entity
determines to be advisable to fulfill the purposes of this
title;
(3) encourage by appropriate means economic viability in
the Heritage Area consistent with the goals of the management
plan;
(4) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area; and
(5) for any year in which Federal funds have been provided
to implement the management plan under subsection (b)--
(A) conduct public meetings at least annually regarding the
implementation of the management plan;
(B) submit an annual report to the Secretary setting forth
accomplishments, expenses and income, and each person to
which any grant was made by the management entity in the year
for which the report is made; and
(C) require, for all agreements entered into by the
management entity authorizing expenditure of Federal funds by
any other person, that the person making the expenditure make
available to the management entity for audit all records
pertaining to the expenditure of such funds.
(e) Prohibition on the Acquisition of Real Property.--The
management entity may not use Federal funds received under
this title to acquire real property or an interest in real
property.
SEC. 806. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--
(A) Overall assistance.--The Secretary may, upon the
request of the management entity, and subject to the
availability of appropriations, provide technical and
financial assistance to the management entity to carry out
its duties under this title, including updating and
implementing a management plan that is submitted under
section 705(b) and approved by the Secretary and, prior to
such approval, providing assistance for initiatives.
(B) Other assistance.--If the Secretary has the resources
available to provide technical assistance to the management
entity to carry out its duties under this title (including
updating and implementing a management plan that is submitted
under section 705(b) and approved by the Secretary and, prior
to such approval, providing assistance for initiatives), upon
the request of the management entity the Secretary shall
provide such assistance on a reimbursable basis. This
subparagraph does not preclude the Secretary from providing
nonreimbursable assistance under subparagraph (A).
(2) Priority.--In assisting the management entity, the
Secretary shall give priority to actions that assist in the--
(A) implementation of the management plan;
(B) provision of educational assistance and advice
regarding land and water management techniques to conserve
the significant natural resources of the region;
(C) development and application of techniques promoting the
preservation of cultural and historic properties;
(D) preservation, restoration, and reuse of publicly and
privately owned historic buildings;
(E) design and fabrication of a wide range of interpretive
materials based on the management plan, including guide
brochures, visitor displays, audio-visual and interactive
exhibits, and educational curriculum materials for public
education; and
(F) implementation of initiatives prior to approval of the
management plan.
(3) Documentation of structures.--The Secretary, acting
through the Historic American Building Survey and the
Historic American Engineering Record, shall conduct studies
necessary to document the industrial, engineering, building,
and architectural history of the Heritage Area.
(b) Approval and Disapproval of Management Plans.--The
Secretary, in consultation with the Governor of Pennsylvania,
shall approve or disapprove a management plan submitted under
this title not later than 90 days after receiving such plan.
In approving the plan, the Secretary shall take into
consideration the following criteria:
(1) The extent to which the management plan adequately
preserves and protects the natural, cultural, and historical
resources of the Heritage Area.
(2) The level of public participation in the development of
the management plan.
(3) The extent to which the board of directors of the
management entity is representative of the local government
and a wide range of interested organizations and citizens.
(c) Action Following Disapproval.--If the Secretary
disapproves a management plan, the Secretary shall advise the
management entity in writing of the reasons for the
disapproval and shall make recommendations for revisions in
the management plan. The Secretary shall approve or
disapprove a proposed revision within 90 days after the date
it is submitted.
(d) Approving Changes.--The Secretary shall review and
approve amendments to the management plan under section
705(b) that make substantial changes. Funds appropriated
under this title may not be expended to implement such
changes until the Secretary approves the amendments.
(e) Effect of Inaction.--If the Secretary does not approve
or disapprove a management plan, revision, or change within
90 days after it is submitted to the Secretary, then such
management plan, revision, or change shall be deemed to have
been approved by the Secretary.
SEC. 807. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting activities
directly affecting the Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this title and, to the
maximum extent practicable, coordinate such activities with
the carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner that the management entity
determines shall not have an adverse effect on the Heritage
Area.
SEC. 808. SUNSET.
The Secretary may not make any grant or provide any
assistance under this title after the expiration of the 15-
year period beginning on the date that funds are first made
available for this title.
SEC. 809. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--
No privately owned property shall be preserved, conserved, or
promoted by the management plan for the Heritage Area until
the owner of that private property has been notified in
writing by the management entity and has given written
consent for such preservation, conservation, or promotion to
the management entity.
[[Page H8361]]
(b) Landowner Withdraw.--Any owner of private property
included within the boundary of the Heritage Area shall have
their property immediately removed from the boundary by
submitting a written request to the management entity.
SEC. 810. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this title
shall be construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not
be considered to create any liability, or to have any effect
on any liability under any other law, of any private property
owner with respect to any persons injured on such private
property.
(c) Recognition of Authority to Control Land Use.--Nothing
in this title shall be construed to modify the authority of
Federal, State, or local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage
Area.--Nothing in this title shall be construed to require
the owner of any private property located within the
boundaries of the Heritage Area to participate in or be
associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for
the Heritage Area represent the area within which Federal
funds appropriated for the purpose of this title may be
expended. The establishment of the Heritage Area and its
boundaries shall not be construed to provide any nonexisting
regulatory authority on land use within the Heritage Area or
its viewshed by the Secretary, the National Park Service, or
the management entity.
SEC. 811. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this title shall preclude the management entity
from using Federal funds available under Acts other than this
title for the purposes for which those funds were authorized.
SEC. 812. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this title--
(1) not more than $1,000,000 for any fiscal year; and
(2) not more than a total of $10,000,000.
(b) 50 Percent Match.--Financial assistance provided under
this title may not be used to pay more than 50 percent of the
total cost of any activity carried out with that assistance.
TITLE IX--WESTERN RESERVE HERITAGE AREAS STUDY
SEC. 901. SHORT TITLE.
This Act may be cited as the ``Western Reserve Heritage
Areas Study Act''.
SEC. 902. NATIONAL PARK SERVICE STUDY REGARDING THE WESTERN
RESERVE, OHIO.
(a) Findings.--The Congress finds the following:
(1) The area that encompasses the modern-day counties of
Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake,
Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and
Ashland in Ohio with the rich history in what was once the
Western Reserve, has made a unique contribution to the
cultural, political and industrial development of the United
States.
(2) The Western Reserve is distinctive as the land settled
by the people of Connecticut after the Revolutionary War. The
Western Reserve holds a unique mark as the original
wilderness land of the West that many settlers migrated to in
order to begin life outside of the original 13 colonies.
(3) The Western Reserve played a significant role in
providing land to the people of Connecticut whose property
and land was destroyed during the Revolution. These settlers
were descendants of the brave immigrants who came to the
Americas in the 17th century.
(4) The Western Reserve offered a new destination for those
who moved west in search of land and prosperity. The
agricultural and industrial base that began in the Western
Reserve still lives strong in these prosperous and historical
counties.
(5) The heritage of the Western Reserve remains transfixed
in the counties of Trumbull, Mahoning, Ashtabula, Portage,
Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie,
Ottawa, and Ashland in Ohio. The people of these counties are
proud of their heritage as shown through the unwavering
attempts to preserve agricultural land and the industrial
foundation that has been embedded in this region since the
establishment of the Western Reserve. Throughout these
counties, historical sites, and markers preserve the unique
traditions and customs of its original heritage.
(6) The counties that encompass the Western Reserve
continue to maintain a strong connection to its historic past
as seen through its preservation of its local heritage,
including historic homes, buildings, and centers of public
gatherings.
(7) There is a need for assistance for the preservation and
promotion of the significance of the Western Reserve as the
natural, historic and cultural heritage of the counties of
Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake,
Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa and
Ashland in Ohio.
(8) The Department of the Interior is responsible for
protecting the Nation's cultural and historical resources.
There are significant examples of such resources within these
counties and what was once the Western Reserve to merit the
involvement of the Federal Government in the development of
programs and projects, in cooperation with the State of Ohio
and other local governmental entities, to adequately
conserve, protect, and interpret this heritage for future
generations, while providing opportunities for education and
revitalization.
(b) Study.--
(1) In general.--The Secretary shall, in consultation with
the State of Ohio, the counties of Trumbull, Mahoning,
Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina,
Huron, Lorain, Erie, Ottawa, and Ashland, and other
appropriate organizations, carry out a study regarding the
suitability and feasibility of establishing the Western
Reserve Heritage Area in these counties in Ohio.
(2) Contents.--The study shall include analysis and
documentation regarding whether the Study Area--
(A) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use, and are best managed
through partnerships among public and private entities and by
combining diverse and sometimes noncontiguous resources and
active communities;
(B) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the national story;
(C) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(D) provides outstanding recreational and educational
opportunities;
(E) contains resources important to the identified theme or
themes of the Study Area that retain a degree of integrity
capable of supporting interpretation;
(F) includes residents, business interests, nonprofit
organizations, and local and State governments that are
involved in the planning, have developed a conceptual
financial plan that outlines the roles for all participants,
including the Federal Government, and have demonstrated
support for the concept of a national heritage area;
(G) has a potential management entity to work in
partnership with residents, business interests, nonprofit
organizations, and local and State governments to develop a
national heritage area consistent with continued local and
State economic activity;
(H) has a conceptual boundary map that is supported by the
public; and
(I) has potential or actual impact on private property
located within or abutting the Study Area.
(c) Boundaries of the Study Area.--The Study Area shall be
comprised of the counties of Trumbull, Mahoning, Ashtabula,
Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron,
Lorain, Erie, Ottawa, and Ashland in Ohio.
TITLE X--GULLAH/GEECHEE CULTURAL HERITAGE
SEC. 1001. SHORT TITLE.
This Act may be cited as the ``Gullah/Geechee Cultural
Heritage Act''.
SEC. 1002. PURPOSES.
The purposes of this Act are to--
(1) recognize the important contributions made to American
culture and history by African-Americans known as the Gullah/
Geechee who settled in the coastal counties of South Carolina
and Georgia;
(2) assist State and local governments and public and
private entities in the South Carolina and Georgia in
interpreting the story of the Gullah/Geechee and preserving
Gullah/Geechee folklore, arts, crafts, and music; and
(3) assist in identifying and preserving sites, historical
data, artifacts, and objects associated with the Gullah/
Geechee for the benefit and education of the public.
SEC. 1003. DEFINITIONS.
For the purposes of this Act, the following definitions
apply:
(1) Commission.--The term ``Commission'' means the Gullah/
Geechee Cultural Heritage Corridor Commission established
under this Act.
(2) Heritage corridor.--The term ``Heritage Corridor''
means the Gullah/Geechee Cultural Heritage Corridor
established by this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 1004. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR.
(a) Establishment.--There is established the Gullah/Geechee
Cultural Heritage Corridor.
(b) Boundaries.--
(1) In general.--The Heritage Corridor shall be comprised
of those lands and waters generally depicted on a map
entitled ``Gullah/Geechee Cultural Heritage Corridor''
numbered GGCHC/80,000, and dated September 2004. The map
shall be on file and available for public inspection in the
appropriate offices of the National Park Service and in an
appropriate State office in each of the States included in
the Heritage Corridor. The Secretary shall publish in the
Federal Register, as soon as practicable after the date of
enactment of this Act a detailed description and map of the
boundaries established under this subsection.
(2) Revisions.--The boundaries of the heritage corridor may
be revised if the revision is--
[[Page H8362]]
(A) proposed in the management plan developed for the
Heritage Corridor;
(B) approved by the Secretary in accordance with this Act;
and
(C) placed on file in accordance with paragraph (1).
(c) Administration.--The Heritage Corridor shall be
administered in accordance with the provisions of this Act.
SEC. 1005. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR
COMMISSION.
(a) Establishment.--There is hereby established a
commission to be known as ``Gullah/Geechee Cultural Heritage
Corridor Commission'' whose purpose shall be to assist
Federal, State, and local authorities in the development and
implementation of a management plan for those land and waters
specified in section 4.
(b) Membership.--The Commission shall be composed of nine
members appointed by the Secretary as follows:
(1) Four individuals nominated by the State Historic
Preservation Officer of South Carolina and two individuals
nominated by the State Historic Preservation Officer of
Georgia and appointed by the Secretary.
(2) Two individuals from South Carolina and one individual
from Georgia who are recognized experts in historic
preservation, anthropology, and folklore, appointed by the
Secretary.
(c) Terms.--Members of the Commission shall be appointed to
terms not to exceed 3 years. The Secretary may stagger the
terms of the initial appointments to the Commission in order
to assure continuity of operation. Any member of the
Commission may serve after the expiration of their term until
a successor is appointed. A vacancy shall be filled in the
same manner in which the original appointment was made.
(d) Termination.--The Commission shall terminate 10 years
after the date of the enactment of this Act.
SEC. 1006. OPERATION OF THE COMMISSION.
(a) Duties of the Commission.--To further the purposes of
the Heritage Corridor, the Commission shall--
(1) prepare and submit a management plan to the Secretary
in accordance with section 7;
(2) assist units of local government and other persons in
implementing the Approved management plan by--
(A) carry out programs and projects that recognize,
protect, and enhance important resource values within the
Heritage Corridor;
(B) establishing and maintaining interpretive exhibits and
programs within the Heritage Corridor;
(C) developing recreational and educational opportunities
in the Heritage Corridor;
(D) increasing public awareness of and appreciation for the
historical, cultural, natural, and scenic resources of the
Heritage Corridor;
(E) protecting and restoring historic sites and buildings
in the Heritage Corridor that are consistent with heritage
corridor themes;
(F) ensuring that clear, consistent, and appropriate signs
identifying points of public access and sites of interest are
posted throughout the Heritage Corridor; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Corridor;
(3) consider the interests of diverse units of government,
business, organizations, and individuals in the Heritage
Corridor in the preparation and implementation of the
management plan;
(4) conduct meetings open to the public at least quarterly
regarding the development and implementation of the
management plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the Commission receives Federal funds under
this Act, setting forth its accomplishments, expenses, and
income, including grants made to any other entities during
the year for which the report is made;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this Act, all information
pertaining to the expenditure of such funds and any matching
funds, and require all agreements authorizing expenditures of
Federal funds by other organizations, that the receiving
organization make available for audit all records and other
information pertaining to the expenditure of such funds; and
(7) encourage by appropriate means economic viability that
is consistent with the purposes of the Heritage Corridor.
(b) Authorities.--The Commission may, for the purposes of
preparing and implementing the management plan, use funds
made available under this Act to--
(1) make grants to, and enter into cooperative agreements
with the States of South Carolina and Georgia, political
subdivisions of those States, a nonprofit organization, or
any person;
(2) hire and compensate staff;
(3) obtain funds from any source including any that are
provided under any other Federal law or program; and
(4) contract for goods and services.
SEC. 1007. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage
Corridor shall--
(1) include comprehensive policies, strategies, and
recommendations for conservation, funding, management, and
development of the Heritage Corridor;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions that governments,
private organizations, and individuals have agreed to take to
protect the historical, cultural, and natural resources of
the Heritage Corridor;
(4) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Corridor in the
first 5 years of implementation;
(5) include an inventory of the historical, cultural,
natural, resources of the Heritage Corridor related to the
themes of the Heritage Corridor that should be preserved,
restored, managed, developed, or maintained;
(6) recommend policies and strategies for resource
management that consider and detail the application of
appropriate land and water management techniques, including
the development of intergovernmental and interagency
cooperative agreements to protect the Heritage Corridor's
historical, cultural, and natural resources;
(7) describe a program for implementation of the management
plan including plans for resources protection, restoration,
construction, and specific commitments for implementation
that have been made by the Commission or any government,
organization, or individual for the first 5 years of
implementation;
(8) include an analysis and recommendations for the ways in
which Federal, State, or local programs may best be
coordinated to further the purposes of this Act; and
(9) include an interpretive plan for the Heritage Corridor.
(b) Submittal of Management Plan.--The Commission shall
submit the management plan to the Secretary for approval not
later than 3 years after funds are made available for this
Act.
(c) Failure to Submit.--If the Commission fails to submit
the management plan to the Secretary in accordance with
subsection (b), the Heritage Corridor shall not qualify for
Federal funding until the management plan is submitted.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--The Secretary shall approve or disapprove
the management plan not later than 90 days after receiving
the management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether--
(A) the Commission has afforded adequate opportunity,
including public hearings, for public and governmental
involvement in the preparation of the management plan;
(B) the resource preservation and interpretation strategies
contained in the management plan would adequately protect the
cultural and historic resources of the Heritage Corridor; and
(C) the Secretary has received adequate assurances from
appropriate State and local officials whose support is needed
to ensure the effective implementation of the State and local
aspects of the plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise
the Commission in writing of the reasons therefore and shall
make recommendations for revisions to the management plan.
The Secretary shall approve or disapprove a proposed revision
not later than 60 days after the date it is submitted.
(4) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed and approved by the
Secretary in the same manner as provided in the original
management plan. The Commission shall not use Federal funds
authorized by this Act to implement any amendments until the
Secretary has approved the amendments.
SEC. 1008. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--Upon a request of the Commission, the
Secretary may provide technical and financial assistance for
the development and implementation of the management plan.
(b) Priority for Assistance.--In providing assistance under
subsection (a), the Secretary shall give priority to actions
that assist in--
(1) conserving the significant cultural, historical, and
natural resources of the Heritage Corridor; and
(2) providing educational and interpretive opportunities
consistent with the purposes of the Heritage Corridor.
(c) Spending for Non-Federal Property.--
(1) In general.--The Commission may expend Federal funds
made available under this Act on nonfederally owned property
that is--
(A) identified in the management plan; or
(B) listed or eligible for listing on the National Register
for Historic Places.
(2) Agreements.--Any payment of Federal funds made pursuant
to this Act shall be subject to an agreement that conversion,
use, or disposal of a project so assisted for purposes
contrary to the purposes of this Act, as determined by the
Secretary, shall result in a right of the United States to
compensation of all funds made available to that project or
the proportion of the increased value of the project
attributable to such funds as determined at the time of such
conversion, use, or disposal, whichever is greater.
[[Page H8363]]
SEC. 1009. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency conducting or supporting activities
directly affecting the Heritage Corridor shall--
(1) consult with the Secretary and the Commission with
respect to such activities;
(2) cooperate with the Secretary and the Commission in
carrying out their duties under this Act and, to the maximum
extent practicable, coordinate such activities with the
carrying out of such duties; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner in which the Commission
determines will not have an adverse effect on the Heritage
Corridor.
SEC. 1010. COASTAL HERITAGE CENTERS.
In furtherance of the purposes of this Act and using the
authorities made available under this Act, the Commission
shall establish one or more Coastal Heritage Centers at
appropriate locations within the Heritage Corridor in
accordance with the preferred alternative identified in the
Record of Decision for the Low Country Gullah Culture Special
Resource Study and Environmental Impact Study, December 2003.
SEC. 1011. 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 Corridor shall
not be considered to create any liability, or to have any
effect on any liability under any other law, of any private
property owner with respect to any persons injured on such
private property.
(c) Recognition of Authority to Control Land Use.--Nothing
in this 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
Corridor.--Nothing in this Act shall be construed to require
the owner of any private property located within the
boundaries of the Heritage Corridor to participate in or be
associated with the Heritage Corridor.
(e) Effect of Establishment.--The boundaries designated for
the Heritage Corridor represent the area within which Federal
funds appropriated for the purpose of this Act shall be
expended. The establishment of the Heritage Corridor and its
boundaries shall not be construed to provide any nonexisting
regulatory authority on land use within the Heritage Corridor
or its viewshed by the Secretary or the management entity.
(f) Notification and Consent of Property Owners Required.--
No privately owned property shall be preserved, conserved, or
promoted by the management plan for the Heritage Corridor
until the owner of that private property has been notified in
writing by the management entity and has given written
consent for such preservation, conservation, or promotion to
the management entity.
(g) Landowner Withdrawal.--Any owner of private property
included within the boundary of the Heritage Corridor shall
have their property immediately removed from within the
boundary by submitting a written request to the management
entity.
SEC. 1012. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for
the purposes of this Act not more than $1,000,000 for any
fiscal year. Not more than a total of $10,000,000 may be
appropriated for the Heritage Corridor under this Act.
(b) Cost Share.--Federal funding provided under this Act
may not exceed 50 percent of the total cost of any activity
for which assistance is provided under this Act.
(c) In-Kind Contributions.--The Secretary may accept in-
kind contributions as part of the non-Federal cost share of
any activity for which assistance is provided under this Act.
SEC. 1013. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under
this Act shall terminate on the day occurring 15 years after
the date of the enactment of this Act.
TITLE XI--UTAH TEST AND TRAINING RANGE PROTECTION
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Utah Test and Training
Range Protection Act''.
SEC. 1102. DEFINITIONS.
In this title:
(1) The term ``covered wilderness'' means the wilderness
area designated by this title and wilderness study areas
located near lands withdrawn for military use and beneath
special use airspace critical to the support of military test
and training missions at the Utah Test and Training Range,
including the Deep Creek, Fish Springs, Swasey Mountain,
Howell Peak, Notch Peak, King Top, Wah Wah Mountain, and
Conger Mountain units designated by the Department of the
Interior.
(2) The term ``Tribe'' means the Skull Valley Band of
Goshute Indians.
(3) The term ``Utah Test and Training Range'' means those
portions of the military operating area of the Utah Test and
Training Area located solely in the State of Utah. The term
includes the Dugway Proving Ground.
(4) The term ``Wilderness Act'' means Public Law 88-577,
approved September 3, 1964 (16 U.S.C. 1131 et seq.).
SEC. 1103. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND
TRAINING RANGE.
(a) Findings.--The Congress finds the following:
(1) The testing and development of military weapons systems
and the training of military forces are critical to ensuring
the national security of the United States.
(2) The Utah Test and Training Range in the State of Utah
is a unique and irreplaceable national asset at the core of
the test and training mission of the Department of Defense.
(3) The Cedar Mountain Wilderness Area designated by
section 1105, as well as several wilderness study areas, are
located near lands withdrawn for military use or are beneath
special use airspace critical to the support of military test
and training missions at the Utah Test and Training Range.
(4) The Utah Test and Training Range and special use
airspace withdrawn for military uses create unique management
circumstances for the covered wilderness in this title, and
it is not the intent of Congress that passage of this title
shall be construed as establishing a precedent with respect
to any future national conservation area or wilderness
designation.
(5) Continued access to the special use airspace and lands
that comprise the Utah Test and Training Range, under the
terms and conditions described in this section, is a national
security priority and is not incompatible with the protection
and proper management of the natural, environmental,
cultural, and other resources of such lands.
(b) Overflights.--Nothing in this title or the Wilderness
Act shall preclude low-level overflights and operations of
military aircraft, helicopters, missiles, or unmanned aerial
vehicles over the covered wilderness, including military
overflights and operations that can be seen or heard within
the covered wilderness.
(c) Special Use Airspace and Training Routes.--Nothing in
this title or the Wilderness Act shall preclude the
designation of new units of special use airspace, the
expansion of existing units of special use airspace, or the
use or establishment of military training routes over the
covered wilderness.
(d) Communications and Tracking Systems.--Nothing in this
title shall prevent any required maintenance of existing
communications, instrumentation, or electronic tracking
systems (or infrastructure supporting such systems) or
prevent the installation of new communication,
instrumentation, or other equipment necessary for effective
testing and training to meet military requirements in
wilderness study areas located beneath special use airspace
comprising the Utah Test and Training Range, including the
Deep Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch
Peak, King Top, Wah Wah Mountain, and Conger Mountain units
designated by the Department of Interior, so long as the
Secretary of the Interior, after consultation with the
Secretary of the Air Force, determines that the installation
and maintenance of such systems, when considered both
individually and collectively, comply with section 603 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782).
(e) Emergency Access and Response.--Nothing in this title
or the Wilderness Act shall preclude the continuation of the
memorandum of understanding in existence as of the date of
enactment of this title between the Department of the
Interior and the Department of the Air Force with respect to
emergency access and response.
(f) Prohibition on Ground Military Operations.--Except as
provided in subsections (d) and (e), nothing in this section
shall be construed to permit a military operation to be
conducted on the ground in covered wilderness in the Utah
Test and Training Range unless such ground operation is
otherwise permissible under Federal law and consistent with
the Wilderness Act.
SEC. 1104. PLANNING PROCESS FOR FEDERAL LANDS IN UTAH TEST
AND TRAINING RANGE.
(a) Analysis of Military Readiness and Operational
Impacts.--The Secretary of the Interior shall develop,
maintain, and revise land use plans pursuant to section 202
of the Federal Land Policy and Management Act of 1976 (43
U.S. C. 1712) for Federal lands located in the Utah Test and
Training Range in consultation with the Secretary of Defense.
As part of the required consultation in connection with a
proposed revision of a land use plan, the Secretary of
Defense shall prepare and transmit to the Secretary of the
Interior an analysis of the military readiness and
operational impacts of the proposed revision within six
months of a request from the Secretary of Interior.
(b) Limitation on Rights-of-ways.--The Secretary of the
Interior shall not grant or issue any authorizations for
rights-of-way under section 501(a)(6) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761(a)(6)) upon
Federal lands identified as inventory units UTU-020-086, UTU-
020-088, UTU-020-095, UTU-020-096, UTU-020-100, UTU-020-101,
UTU-020-103, UTU-020-104, UTU-020-105, and UTU-020-110, as
generally depicted on the map entitled ``Wilderness
Inventory, State of Utah'' and dated August 1979, until the
later of the following:
(1) The completion of a full revision of the Pony Express
Area Resource Management Plan, dated January 12, 1990, by the
Salt Lake Field Office of the Bureau of Land Management.
[[Page H8364]]
(2) January 1, 2015.
SEC. 1105. DESIGNATION AND MANAGEMENT OF CEDAR MOUNTAIN
WILDERNESS, UTAH.
(a) Designation.--Certain Federal lands in Tooele County,
Utah, as generally depicted on the map entitled ``Cedar
Mountain Wilderness'' and dated March 7, 2004, are hereby
designated as wilderness and, therefore, as a component of
the National Wilderness Preservation System to be known as
the Cedar Mountain Wilderness Area.
(b) Withdrawal.--Subject to valid existing rights, the
Federal lands in the Cedar Mountain Wilderness Area are
hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws, from location, entry,
and patent under the United States mining laws, and from
disposition under all laws pertaining to mineral and
geothermal leasing, and mineral materials, and all amendments
to such laws.
(c) Map and Description.--(1) As soon as practicable after
the date of the enactment of this title, the Secretary of the
Interior shall transmit a map and legal description of the
Cedar Mountain Wilderness Area to the Committee on Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate.
(2) The map and legal description shall have the same force
and effect as if included in this title, except that the
Secretary of the Interior may correct clerical and
typographical errors in the map and legal description.
(3) The map and legal description shall be on file and
available for public inspection in the office of the Director
of the Bureau of Land Management and the office of the State
Director of the Bureau of Land Management in the State of
Utah.
(d) Administration.--Subject to valid existing rights and
this title, the Cedar Mountain Wilderness Area shall be
administered by the Secretary of the Interior in accordance
with the provisions of the Wilderness Act, except that any
reference in such provisions to the effective date of the
Wilderness Act (or any similar reference) shall be deemed to
be a reference to the date of the enactment of this title.
(e) Land Acquisition.--Any lands or interest in lands
within the boundaries of the Cedar Mountain Wilderness Area
acquired by the United States after the date of the enactment
of this Act shall be added to and administered as part of the
Cedar Mountain Wilderness Area.
(f) Fish and Wildlife Management.--As provided in section
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing
in this title shall be construed as affecting the
jurisdiction of the State of Utah with respect to fish and
wildlife on the Federal lands located in that State.
(g) Grazing.--Within the Cedar Mountain Wilderness Area,
the grazing of livestock, where established before the date
of the enactment of this title, shall be permitted to
continue subject to such reasonable regulations, policies,
and practices as the Secretary of the Interior considers
necessary, as long as such regulations, policies, and
practices fully conform with and implement the intent of
Congress regarding grazing in such areas, as such intent is
expressed in the Wilderness Act, section 101(f) of Public Law
101-628 (104 Stat. 4473), and appendix A of the Report of the
Committee on Interior and Insular Affairs to accompany H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(h) Buffer Zones.--Congress does not intend for the
designation of the Cedar Mountain Wilderness Area to lead to
the creation of protective perimeters or buffer zones around
the wilderness area. The fact that nonwilderness activities
or uses can be seen or heard within the wilderness area shall
not, of itself, preclude such activities or uses up to the
boundary of the wilderness area.
(i) Release From Wilderness Study Area Status.--The lands
identified as the Browns Spring Cherrystem on the map
entitled ``Proposed Browns Spring Cherrystem'' and dated May
11, 2004, are released from their status as a wilderness
study area, and shall no longer be subject to the
requirements of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)) pertaining to the
management of wilderness study areas in a manner that does
not impair the suitability of those areas for preservation of
wilderness.
SEC. 1106. IDENTIFICATION OF ADDITIONAL BUREAU OF LAND
MANAGEMENT LAND IN UTAH AS TRUST LAND FOR SKULL
VALLEY BAND OF GOSHUTES.
(a) Identification of Trust Land.--The Secretary of the
Interior shall identify approximately 640 additional acres of
Bureau of Land Management land in the State of Utah to be
administered in trust for the benefit of the Skull Valley
Band of Goshutes.
(b) Special Considerations.--In identifying the land under
subsection (a), the Secretary of the Interior shall--
(1) consult with leaders of the Tribe and the Governor of
Utah; and
(2) ensure that the land has ready access to State or
Federal highways and, in the judgment of the Secretary,
provides the best opportunities for commercial economic
development in closest proximity to other lands of the Tribe.
(c) Placement in Trust.--Not later than December 31, 2005,
the Secretary of the Interior shall place the land identified
pursuant to subsection (a) into trust for the purposes of
economic development for the Tribe. At least 30 days before
placing the land in trust for the Tribe, the Secretary shall
publish in the Federal Register legal descriptions of the
land to be placed in trust.
(d) Management of Trust Land.--The land placed into trust
for the Tribe under subsection (c) shall be administered in
accordance with laws generally applicable to property held in
trust by the United States for Indian Tribes, except that the
land shall immediately revert to the administrative control
of the Bureau of Land Management if the Tribe sells, or
attempts to sell, any part of the land.
(e) Effect.--Nothing in this section--
(1) affects any valid right-of-way, lease, permit, mining
claim, grazing permit, water right, or other right or
interest of any person or entity (other than the United
States) in or to the trust land that exists before the date
on which the land is placed in trust for the Tribe under
subsection (c);
(2) enlarges, impairs, or otherwise affects a right or
claim of the Tribe to any land or interest in land based on
Aboriginal or Indian title that exists before the date of the
enactment of this title;
(3) constitutes an express or implied reservation of water
or water right for any purpose with respect to the trust
land; or
(4) affects any water right of the Tribe that exists before
the date of the enactment of this title.
SEC. 1107. RELATION TO OTHER LANDS AND LAWS.
(a) Other Lands.--Nothing in this title shall be construed
to affect any Federal lands located outside of the covered
wilderness or the management of such lands.
(b) Conforming Repeal.--Section 2815 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 852) is amended by striking subsection (d).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Pombo) and the gentleman from Texas (Mr. Rodriguez)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Pombo).
Mr. POMBO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 211, introduced by Senator Bingaman of New Mexico,
and as amended by the Committee on Resources, contains 11 titles;
however, eight of the 11 have already once passed this House.
Therefore, in the interest of brevity, I will focus on the two titles
that have not yet been considered by the full House, titles I and XI of
the bill.
Title I would establish the Northern Rio Grande National Heritage
Area across three counties within the State of New Mexico to
commemorate the unique combination of cultures, languages, folk arts,
customs, and architecture associated with the Spanish colonization of
New Mexico beginning in 1598.
Finally, title XI contains language that would ensure the continued
availability of the Utah Test and Training Range in northwestern Utah
to support the readiness and training needs of the United States Armed
Forces. That title takes advantage of the opportunity to make permanent
the terms of military access and use, while also taking an important
step towards resolving the outstanding Bureau of Land Management
wilderness recommendations in Utah.
I urge adoption of the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. RODRIGUEZ. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, we have no objection to consideration of this measure.
This bill, S. 211, authorizes a single new National Heritage Area in
New Mexico. Over the course of this Congress, however, a number of
Heritage Area proposals have moved forward, but unfortunately, few have
actually been enacted into law. Therefore, consideration of Senate bill
211 provides an opportunity to combine several of these proposals.
Mr. Speaker, we have no objection to the consideration of this
measure.
Mr. UDALL of New Mexico. Mr. Speaker, I rise today in support of S.
211, which includes language to establish the Northern Rio Grande
National Heritage Area. I am pleased to have sponsored H.R. 505,
companion legislation to S. 211 as introduced and passed in the Senate.
That version of the Senate legislation only provided for establishment
of the Northern Rio Grande National Heritage Area. The bill before us
today, however, includes an additional 100 pages of legislative
language pertaining to other heritage area designations. Nevertheless,
I am pleased that we will be moving one step closer to making the
Northern Rio Grande Heritage Area a reality.
The establishment of the Northern Rio Grande National Heritage Area
is a citizen-driven effort to protect the remaining significant
resources representative of the Spanish
[[Page H8365]]
and Pueblo colonial era in north-central New Mexico. The bill
identifies the northern New Mexico counties of Rio Arriba, Santa Fe and
Taos as a National Heritage Area--an elite designation from Congress
reserved for areas regarded as a significant resource.
Northern New Mexico boasts many sites of historic and cultural
significance. Our State is a blend of Pueblo and Hispanic cultures,
making it a very unique and special place in our country. This
legislation would identify many of the sites that tell northern New
Mexico's story, help preserve them and, in the process, allow them to
be more thoroughly enjoyed by New Mexicans and visitors to our State.
Preservation would directly led to economic development of this area
through enhanced tourism.
The legislation creates a non-profit corporation governed by a 15- to
25-member board of trustees charged with developing a management plan
for the heritage area. The board will consist of representatives from
the State, affected counties, tribes, cities and others. The
corporation's plan would consist of recommendations for identifying,
conserving and preserving cultural, historical and natural resources
within the heritage area, along with strategies to promote tourism of
the region's natural and cultural assets.
The Northern Rio Grande Heritage Area is supported by the city of
Espanola, the city of Santa Fe, Santa Fe County, Rio Arriba County,
Taos County, La Jicarita Enterprise Community, the Chimayo Cultural
Preservation Association, and the Eight Northern Pueblos. I urge my
colleagues to join me and these communities and organizations in
support of this legislation by voting for its passage today.
Mrs. CHRISTENSEN. Mr. Speaker, I rise in support of S. 211 to
authorize a single new National Heritage Area in New Mexico. While the
bill combines a number of Heritage Area in New Mexico. While the bill
combines a number of Heritage Area proposals, I am particularly pleased
to see my legislation, H.R. 1594, to provide for a study of the
suitability and feasibility of establishing my home island of St. Croix
as a National Heritage Area was also included in this package.
The island of St. Croix has a long, distinguished, and varied
history, including being the site where Christopher Columbus first
stepped onto what is now American soil. There is significant interest
in preserving and enhancing the natural, historical and cultural
resources of the island on a cooperative basis and such a study would
provide guidance on how we can best achieve those purposes.
Even though each of the U.S. Islands can make a good case for
designation as a National Heritage Area, the island of St. Croix with
its two historic towns--Christiansted built in 1734 and Frederiksted
built in 1752--is richly blessed with all of the attributes that would
justify this designation.
The town's historic architecture matured over a 100-year period. The
town of Christiansted is one of the finest examples of Danish
architectural designs in this hemisphere. Its history can be traced
back some 4,000 years to 2500 B.C.
In 1493 Columbus arrived at what is now the Salt River National
Historic Park and Ecological Preserve, making it the only site under
the American flag where his men went ashore, as well as the first
recorded hostile encounter between Europeans and Native Americans.
Frederiksted has the distinction of having been the first
jurisdiction to have raised its flag in salute of the new Republic of
the U.S.A., and indeed the first designed flag was done by a resident
of that Island.
Mr. Speaker, S. 211 as amended, also includes important legislation
to conserve and interpret important cultural and historical resources
in Pennsylvania, Ohio and South Carolina. Many of our colleagues,
including Mike Doyle of Pennsylvania, Jim Clyburn of South Carolina and
a new Member of this Congress, Tim Ryan of Ohio, have worked long and
hard to shepherd these measures through the legislative process.
In conclusion, Mr. Speaker, I want to thank Full Committee Chairman
Pombo, Ranking Member Rahall, as well as Subcommittee Chairman
Radanovich for their efforts in moving S. 211 to the floor of the House
today.
I urge our colleagues to support S. 211.
Mr. RODRIGUEZ. Mr. Speaker, I yield back the balance of my time.
Mr. POMBO. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Pombo) that the House suspend the rules
and pass the Senate bill, S. 211, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
A motion to reconsider was laid on the table.
____________________