Congressional Record, Volume 152 Issue 125 (Friday, September 29, 2006)

[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Senate]
[Pages S10539-S10563]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL HERITAGE AREAS ACT OF 2006

Mrs. HUTCHISON. Mr. President, I ask the Chair lay before the Senate
a message from the House of Representatives on the bill (S. 203) to
reduce temporarily the royalty required to be paid for sodium produced,
to establish certain National Heritage Areas, and for other purposes.
The PRESIDING OFFICER laid before the Senate the following message
from the House of Representatives:

S. 203

Resolved, That the bill from the Senate (S. 203) entitled
``An Act to reduce temporarily the royalty required to be
paid for sodium produced, to establish certain National
Heritage Areas, and for other purposes'', do pass with the
following amendment:
Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``National
Heritage Areas Act of 2006''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.

TITLE I--SODA ASH ROYALTY REDUCTION

Sec. 101. Short title.
Sec. 102. Reduction in royalty rate on soda ash.
Sec. 103. Study.

TITLE II--ESTABLISHMENT OF NATIONAL HERITAGE AREAS

Subtitle A--Northern Rio Grande National Heritage Area

Sec. 201. Short title.
Sec. 202. Congressional findings.
Sec. 203. Definitions.
Sec. 204. Northern Rio Grande National Heritage Area.
Sec. 205. Authority and duties of the Management Entity.
Sec. 206. Duties of the Secretary.
Sec. 207. Private property protections; savings provisions.
Sec. 208. Sunset.
Sec. 209. Authorization of appropriations.

Subtitle B--Atchafalaya National Heritage Area

Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Atchafalaya National Heritage Area.
Sec. 214. Authorities and duties of the local coordinating entity.
Sec. 215. Management Plan.
Sec. 216. Requirements for inclusion of private property.
Sec. 217. Private property protection.
Sec. 218. Effect of subtitle.
Sec. 219. Reports.
Sec. 220. Authorization of appropriations.
Sec. 221. Termination of authority.

Subtitle C--Arabia Mountain National Heritage Area

Sec. 231. Short title.
Sec. 232. Findings and purposes.
Sec. 233. Definitions.
Sec. 234. Arabia Mountain National Heritage Area.
Sec. 235. Authorities and duties of the local coordinating entity.
Sec. 236. Management Plan.
Sec. 237. Technical and financial assistance.
Sec. 238. Effect on certain authority.
Sec. 239. Authorization of appropriations.
Sec. 240. Termination of authority.
Sec. 241. Requirements for inclusion of private property.
Sec. 242. Private property protection.

Subtitle D--Mormon Pioneer National Heritage Area

Sec. 251. Short title.
Sec. 252. Findings and purpose.
Sec. 253. Definitions.
Sec. 254. Mormon Pioneer National Heritage Area.
Sec. 255. Designation of Alliance as local coordinating entity.
Sec. 256. Management of the Heritage Area.
Sec. 257. Duties and authorities of Federal agencies.
Sec. 258A. Requirements for inclusion of private property.
Sec. 258B. Private property protection.
Sec. 259. Authorization of appropriations.
Sec. 260. Termination of authority.

Subtitle E--Freedom's Frontier National Heritage Area

Sec. 261. Short title.
Sec. 262. Purpose.
Sec. 263. Definitions.
Sec. 264. Freedom's Frontier National Heritage Area.
Sec. 265. Technical and financial assistance; other Federal agencies.
Sec. 266. Private property protection.
Sec. 267. Savings provisions.
Sec. 268. Authorization of appropriations.
Sec. 269. Termination of authority.

Subtitle F--Upper Housatonic Valley National Heritage Area

Sec. 271. Short title.
Sec. 272. Findings and purposes.
Sec. 273. Definitions.
Sec. 274. Upper Housatonic Valley National Heritage Area.
Sec. 275. Authorities, prohibitions, and duties of the Management
Entity.
Sec. 276. Management Plan.
Sec. 277. Duties and authorities of the Secretary.
Sec. 278. Duties of other Federal agencies.
Sec. 279. Requirements for inclusion of private property.
Sec. 280. Private property protection.
Sec. 280A. Authorization of appropriations.
Sec. 280B. Sunset.

Subtitle G--Champlain Valley National Heritage Partnership

Sec. 281. Short title.
Sec. 282. Findings and purposes.

[[Page S10540]]

Sec. 283. Definitions.
Sec. 284. Heritage Partnership.
Sec. 285. Requirements for inclusion of private property.
Sec. 286. Private property protection.
Sec. 287. Effect.
Sec. 288. Authorization of appropriations.
Sec. 109. Termination of authority.

Subtitle H--Great Basin National Heritage Route

Sec. 291. Short title.
Sec. 291A. Findings and purposes.
Sec. 291B. Definitions.
Sec. 291C. Great Basin National Heritage Route.
Sec. 291D. Memorandum of understanding.
Sec. 291E. Management Plan.
Sec. 291F. Authority and duties of local coordinating entity.
Sec. 291G. Duties and authorities of Federal agencies.
Sec. 291H. Land use regulation; applicability of Federal law.
Sec. 291I. Authorization of appropriations.
Sec. 291J. Termination of authority.
Sec. 291K. Requirements for inclusion of private property.
Sec. 291L. Private property protection.

Subtitle I--Gullah/Geechee Heritage Corridor

Sec. 295. Short title.
Sec. 295A. Purposes.
Sec. 295B. Definitions.
Sec. 295C. Gullah/Geechee Cultural Heritage Corridor.
Sec. 295D. Gullah/Geechee Cultural Heritage Corridor Commission.
Sec. 295E. Operation of the local coordinating entity.
Sec. 295F. Management Plan.
Sec. 295G. Technical and financial assistance.
Sec. 295H. Duties of other Federal agencies.
Sec. 295I. Coastal Heritage Centers.
Sec. 295J. Private property protection.
Sec. 295K. Authorization of appropriations.
Sec. 295L. Termination of authority.

Subtitle J--Crossroads of the American Revolution National Heritage
Area

Sec. 297. Short title.
Sec. 297A. Findings and purposes.
Sec. 297B. Definitions.
Sec. 297C. Crossroads of the American Revolution National Heritage
Area.
Sec. 297D. Management Plan.
Sec. 297E. Authorities, duties, and prohibitions applicable to the
local coordinating entity.
Sec. 297F. Technical and financial assistance; other Federal agencies.
Sec. 297G. Authorization of appropriations.
Sec. 297H. Termination of authority.
Sec. 297I. Requirements for inclusion of private property.
Sec. 297J. Private property protection.

TITLE III--NATIONAL HERITAGE AREA STUDIES

Subtitle A--Western Reserve Heritage Area Study

Sec. 301. Short title.
Sec. 302. National Park Service study regarding the Western Reserve,
Ohio.

Subtitle B--St. Croix National Heritage Area Study

Sec. 311. Short title.
Sec. 312. Study.

Subtitle C--Southern Campaign of the Revolution

Sec. 321. Short title.
Sec. 322. Southern Campaign of the Revolution Heritage Area study.
Sec. 323. Private property.

TITLE IV--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT
AMENDMENTS

Sec. 401. Short title.
Sec. 402. Transition and provisions for new local coordinating entity.
Sec. 403. Private property protection.
Sec. 404. Technical amendments.

TITLE V--MOKELUMNE RIVER FEASIBILITY STUDY

Sec. 501. Authorization of Mokelumne River Regional Water Storage and
Conjunctive Use Project Study.
Sec. 502. Use of reports and other information.
Sec. 503. Cost shares.
Sec. 504. Water rights.
Sec. 505. Authorization of appropriations.

TITLE VI--DELAWARE NATIONAL COASTAL SPECIAL RESOURCES STUDY

Sec. 601. Short title.
Sec. 602. Study.
Sec. 603. Themes.
Sec. 604. Report.

TITLE VII--JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR REAUTHORIZATION

Sec. 701. Short title.
Sec. 702. John H. Chafee Blackstone River Valley National Heritage
Corridor.

TITLE VIII--CALIFORNIA RECLAMATION GROUNDWATER REMEDIATION INITIATIVE

Sec. 801. Short title.
Sec. 802. Definitions.
Sec. 803. California basins remediation.
Sec. 804. Sunset of authority.

TITLE IX--NATIONAL COAL HERITAGE AREA

Sec. 901. National Coal Heritage Area amendments.

TITLE I--SODA ASH ROYALTY REDUCTION

SEC. 101. SHORT TITLE.

This title may be cited as the ``Soda Ash Royalty Reduction
Act of 2006''.

SEC. 102. REDUCTION IN ROYALTY RATE ON SODA ASH.

Notwithstanding section 102(a)(9) of the Federal Land
Policy Management Act of 1976 (43 U.S.C. 1701(a)(9)), section
24 of the Mineral Leasing Act (30 U.S.C. 262), and the terms
of any lease under that Act, the royalty rate on the quantity
or gross value of the output of sodium compounds and related
products at the point of shipment to market from Federal land
in the 5-year period beginning on the date of enactment of
this Act shall be 2 percent.

SEC. 103. STUDY.

After the end of the 4-year period beginning on the date of
enactment of this Act, and before the end of the 5-year
period beginning on that date, the Secretary of the Interior
shall report to Congress on the effects of the royalty
reduction under this title, including--
(1) the amount of sodium compounds and related products at
the point of shipment to market from Federal land during that
4-year period;
(2) the number of jobs that have been created or maintained
during the royalty reduction period;
(3) the total amount of royalty paid to the United States
on the quantity or gross value of the output of sodium
compounds and related products at the point of shipment to
market produced during that 4-year period, and the portion of
such royalty paid to States; and
(4) a recommendation of whether the reduced royalty rate
should apply after the end of the 5-year period beginning on
the date of enactment of this Act.

TITLE II--ESTABLISHMENT OF NATIONAL HERITAGE AREAS

Subtitle A--Northern Rio Grande National Heritage Area

SEC. 201. SHORT TITLE.

This subtitle may be cited as the ``Northern Rio Grande
National Heritage Area Act''.

SEC. 202. CONGRESSIONAL FINDINGS.

The Congress finds that--
(1) northern New Mexico encompasses a mosaic of cultures
and history, including 8 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. 203. DEFINITIONS.

As used in this subtitle--
(1) the term ``heritage area'' means the Northern Rio
Grande Heritage Area; and
(2) the term ``Secretary'' means the Secretary of the
Interior.

SEC. 204. 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. 205. 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 subtitle.

[[Page S10541]]

(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 subtitle 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
subtitle, consistent with the management plan.
(d) Prohibition on Acquiring Real Property.--The management
entity may not use Federal funds received under this subtitle
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 subtitle, 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. 206. 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. 207. 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 subtitle
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
subtitle 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 subtitle 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 subtitle 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 subtitle 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 subtitle shall restrict
or limit a tribe from protecting cultural or religious sites
on tribal lands.
(d) Trust Responsibilities.--Nothing in this subtitle shall
diminish the Federal Government's trust responsibilities or
government-to-government obligations to any federally
recognized Indian tribe.

SEC. 208. SUNSET.

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

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to
carry out this subtitle $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 subtitle shall
be not more than 50 percent.

Subtitle B--Atchafalaya National Heritage Area

SEC. 211. SHORT TITLE.

This subtitle may be cited as the ``Atchafalaya National
Heritage Area Act''.

SEC. 212. DEFINITIONS.

In this subtitle:
(1) Heritage area.--The term ``Heritage Area'' means the
Atchafalaya National Heritage Area established by section
213(a).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 213(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 215.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
Louisiana.

SEC. 213. ATCHAFALAYA NATIONAL HERITAGE AREA.

(a) Establishment.--There is established in the State the
Atchafalaya National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the
whole of the following parishes in the State: St. Mary,
Iberia, St. Martin, St. Landry, Avoyelles, Pointe Coupee,
Iberville, Assumption, Terrebonne, Lafayette, West Baton
Rouge, Concordia, East Baton Rouge, and Ascension Parish.
(c) Local Coordinating Entity.--
(1) In general.--The Atchafalaya Trace Commission shall be
the local coordinating entity for the Heritage Area.
(2) Composition.--The local coordinating entity shall be
composed of 14 members appointed by the governing authority
of each parish within the Heritage Area.

SEC. 214. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING
ENTITY.

(a) Authorities.--For the purposes of developing and
implementing the management plan and otherwise carrying out
this subtitle, the local coordinating entity may--
(1) make grants to, and enter into cooperative agreements
with, the State, units of local government, and private
organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--The local coordinating entity shall--
(1) submit to the Secretary for approval a management plan;
(2) implement the management plan, including providing
assistance to units of government and others in--
(A) carrying out programs that recognize important resource
values within the Heritage Area;
(B) encouraging sustainable economic development within the
Heritage Area;
(C) establishing and maintaining interpretive sites within
the Heritage Area; and
(D) increasing public awareness of, and appreciation for
the natural, historic, and cultural resources of, the
Heritage Area;
(3) adopt bylaws governing the conduct of the local
coordinating entity; and
(4) for any year for which Federal funds are received under
this subtitle, submit to the Secretary a report that
describes, for the year--
(A) the accomplishments of the local coordinating entity;
and
(B) the expenses and income of the local coordinating
entity.
(c) Acquisition of Real Property.--The local coordinating
entity shall not use Federal funds received under this
subtitle to acquire real property or an interest in real
property.
(d) Public Meetings.--The local coordinating entity shall
conduct public meetings at least quarterly.

SEC. 215. MANAGEMENT PLAN.

(a) In General.--The local coordinating entity shall
develop a management plan for the Heritage Area that
incorporates an integrated and cooperative approach to
protect, interpret, and enhance the natural, scenic,
cultural, historic, and recreational resources of the
Heritage Area.
(b) Consideration of Other Plans and Actions.--In
developing the management plan, the local coordinating entity
shall--
(1) take into consideration State and local plans; and
(2) invite the participation of residents, public agencies,
and private organizations in the Heritage Area.

[[Page S10542]]

(c) Contents.--The management plan shall include--
(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 this subtitle;
(3) an interpretation plan for the Heritage Area; and
(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.
(d) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this subtitle,
the local coordinating 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 subtitle until a management plan for the
Heritage Area is submitted to the Secretary.
(e) Approval.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (d)(1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a management
plan under paragraph (1), the Secretary shall--
(i) advise the local coordinating entity in writing of the
reasons for the disapproval;
(ii) make recommendations for revisions to the management
plan; and
(iii) allow the local coordinating 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.
(f) Revision.--
(1) In general.--After approval by the Secretary of a
management plan, the local coordinating 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 local coordinating
entity for any revisions to the management plan that the
local coordinating entity considers to be appropriate.
(2) Expenditure of funds.--No funds made available under
this subtitle shall be used to implement any revision
proposed by the local coordinating entity under paragraph
(1)(B) until the Secretary approves the revision.

SEC. 216. 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 local coordinating entity and has given
written consent to the local coordinating entity for such
preservation, conservation, or promotion.
(b) Landowner Withdrawal.--Any owner of private property
included within the boundary of the Heritage Area shall have
that private property immediately removed from the boundary
by submitting a written request to the local coordinating
entity.

SEC. 217. PRIVATE PROPERTY PROTECTION.

SEC. 218. EFFECT OF SUBTITLE.

Nothing in this subtitle or in establishment of the
Heritage Area--
(1) grants any Federal agency regulatory authority over any
interest in the Heritage Area, unless cooperatively agreed on
by all involved parties;
(2) 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;
(3) grants any power of zoning or land use to the local
coordinating entity;
(4) imposes any environmental, occupational, safety, or
other rule, standard, or permitting process that is different
from those in effect on the date of enactment of this Act
that would be applicable had the Heritage Area not been
established;
(5)(A) imposes any change in Federal environmental quality
standards; or
(B) authorizes designation of any portion of the Heritage
Area that is subject to part C of title I of the Clean Air
Act (42 U.S.C. 7470 et seq.) as class 1 for the purposes of
that part solely by reason of the establishment of the
Heritage Area;
(6) authorizes any Federal or State agency to impose more
restrictive water use designations, or water quality
standards on uses of or discharges to, waters of the United
States or waters of the State within or adjacent to the
Heritage Area solely by reason of the establishment of the
Heritage Area;
(7) abridges, restricts, or alters any applicable rule,
standard, or review procedure for permitting of facilities
within or adjacent to the Heritage Area; or
(8) affects the continuing use and operation, where located
on the date of enactment of this Act, of any public utility
or common carrier.

SEC. 219. REPORTS.

For any year in which Federal funds have been made
available under this subtitle, the local coordinating entity
shall submit to the Secretary a report that describes--
(1) the accomplishments of the local coordinating entity;
and
(2) the expenses and income of the local coordinating
entity.

SEC. 220. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated to
carry out this subtitle $10,000,000, to remain available
until expended, 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 subtitle shall
be not more than 50 percent unless the Secretary determines
that no reasonable means are available through which the
local coordinating entity can meet its cost sharing
requirement for that activity.

SEC. 221. TERMINATION OF AUTHORITY.

The authority of the Secretary to provide assistance to the
local coordinating entity under this subtitle terminates on
the date that is 15 years after the date of enactment of this
Act.

Subtitle C--Arabia Mountain National Heritage Area

SEC. 231. SHORT TITLE.

This subtitle may be cited as the ``Arabia Mountain
National Heritage Area Act''.

SEC. 232. 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 subtitle 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. 233. DEFINITIONS.

In this subtitle:
(1) Heritage area.--The term ``heritage area'' means the
Arabia Mountain National Heritage Area established by section
234(a).
(2) Local coordinating entity.--The term ``local
coordinating 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 236.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Georgia.

SEC. 234. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

(a) Establishment.--There is established the Arabia
Mountain National Heritage Area in the State.

[[Page S10543]]

(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) Local Coordinating Entity.--The Arabia Mountain
Heritage Area Alliance shall be the local coordinating entity
for the heritage area.

SEC. 235. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING
ENTITY.

(a) Authorities.--For purposes of developing and
implementing the management plan, the local coordinating
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 local coordinating entity shall
develop and submit to the Secretary the management plan.
(B) Considerations.--In developing and implementing the
management plan, the local coordinating entity shall consider
the interests of diverse governmental, business, and
nonprofit groups within the heritage area.
(2) Priorities.--The local coordinating entity shall give
priority to implementing actions described in the management
plan, including the following:
(A) Assisting units of government and nonprofit
organizations in preserving resources within the heritage
area.
(B) Encouraging local governments to adopt land use
policies consistent with the management of the heritage area
and the goals of the management plan.
(3) Public meetings.--The local coordinating 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 local
coordinating entity shall submit to the Secretary an annual
report that describes the following:
(A) The accomplishments of the local coordinating entity.
(B) The expenses and income of the local coordinating
entity.
(5) Audit.--The local coordinating 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 local coordinating 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
local coordinating entity from using Federal funds made
available under other Federal laws for any purpose for which
the funds are authorized to be used.

SEC. 236. MANAGEMENT PLAN.

(a) In General.--The local coordinating 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
(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 subtitle.
(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 local coordinating
entity, including the membership and organizational structure
of the local coordinating entity.
(e) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this subtitle,
the local coordinating 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 subtitle 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 local coordinating entity in writing of the
reasons for the disapproval;
(ii) make recommendations for revisions to the management
plan; and
(iii) allow the local coordinating 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 local coordinating 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 local coordinating
entity for any revisions to the management plan that the
local coordinating entity considers to be appropriate.
(2) Expenditure of funds.--No funds made available under
this subtitle shall be used to implement any revision
proposed by the local coordinating entity under paragraph
(1)(B) until the Secretary approves the revision.

SEC. 237. TECHNICAL AND FINANCIAL ASSISTANCE.

(a) In General.--At the request of the local coordinating
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. 238. EFFECT ON CERTAIN AUTHORITY.

(a) Occupational, Safety, Conservation, and Environmental
Regulation.--Nothing in this subtitle--
(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 234(b) but for the
establishment of the heritage area by section 234(a); 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
234(b) as of the date of enactment of this Act, solely as a
result of the establishment of the heritage area by section
234(a).
(b) Land Use Regulation.--Nothing in this subtitle--
(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 local
coordinating entity.

SEC. 239. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated to
carry out this subtitle $10,000,000, to remain available
until expended, of which not more than $1,000,000 may be
authorized to be appropriated for 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 subtitle shall not exceed 50 percent.

SEC. 240. TERMINATION OF AUTHORITY.

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

SEC. 241. 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. 242. PRIVATE PROPERTY PROTECTION.

(a) Access to Private Property.--Nothing in this subtitle
shall be construed to--
(1) require any private property owner to allow public
access (including Federal, State, or

[[Page S10544]]

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 subtitle 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 subtitle 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 subtitle 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.

Subtitle D--Mormon Pioneer National Heritage Area

SEC. 251. SHORT TITLE.

This subtitle may be cited as the ``Mormon Pioneer National
Heritage Area Act''.

SEC. 252. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds that--
(1) the historical, cultural, and natural heritage legacies
of Mormon colonization and settlement are nationally
significant;
(2) in the area starting along the Highway 89 corridor at
the Arizona border, passing through Kane, Garfield, Piute,
Sevier, Wayne, and Sanpete Counties in the State of Utah, and
terminating in Fairview, Utah, there are a variety of
heritage resources that demonstrate--
(A) the colonization of the western United States; and
(B) the expansion of the United States as a major world
power;
(3) the great relocation to the western United States was
facilitated by--
(A) the 1,400-mile trek from Illinois to the Great Salt
Lake by the Mormon pioneers; and
(B) the subsequent colonization effort in Nevada, Utah, the
southeast corner of Idaho, the southwest corner of Wyoming,
large areas of southeastern Oregon, much of southern
California, and areas along the eastern border of California;
(4) the 250-mile Highway 89 corridor from Kanab to
Fairview, Utah, contains some of the best features of the
Mormon colonization experience in the United States;
(5) the landscape, architecture, traditions, beliefs, folk
life, products, and events along Highway 89 convey the
heritage of the pioneer settlement;
(6) the Boulder Loop, Capitol Reef National Park, Zion
National Park, Bryce Canyon National Park, and the Highway 89
area convey the compelling story of how early settlers--
(A) interacted with Native Americans; and
(B) established towns and cities in a harsh, yet
spectacular, natural environment;
(7) the colonization and settlement of the Mormon settlers
opened up vast amounts of natural resources, including coal,
uranium, silver, gold, and copper;
(8) the Mormon colonization played a significant role in
the history and progress of the development and settlement of
the western United States; and
(9) the artisans, crafters, innkeepers, outfitters,
farmers, ranchers, loggers, miners, historic landscape,
customs, national parks, and architecture in the Heritage
Area make the Heritage Area unique.
(b) Purpose.--The purpose of this subtitle is to establish
the Heritage Area to--
(1) foster a close working relationship with all levels of
government, the private sector, residents, business
interests, and local communities in the State;
(2) empower communities in the State to conserve, preserve,
and enhance the heritage of the communities while
strengthening future economic opportunities;
(3) conserve, interpret, and develop the historical,
cultural, natural, and recreational resources within the
Heritage Area; and
(4) expand, foster, and develop heritage businesses and
products relating to the cultural heritage of the Heritage
Area.

SEC. 253. DEFINITIONS.

In this subtitle:
(1) Alliance.--The term ``Alliance'' means the Utah
Heritage Highway 89 Alliance.
(2) Heritage area.--The term ``Heritage Area'' means the
Mormon Pioneer National Heritage Area established by section
254(a).
(3) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 255(a).
(4) Management plan.--The term ``management plan'' means
the plan developed by the local coordinating entity under
section 256(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Utah.

SEC. 254. MORMON PIONEER NATIONAL HERITAGE AREA.

(a) Establishment.--There is established the Mormon Pioneer
National Heritage Area.
(b) Boundaries.--
(1) In general.--The boundaries of the Heritage Area shall
include areas in the State --
(A) that are related to the corridors--
(i) from the Arizona border northward through Kanab, Utah,
and to the intersection of Highway 89 and Highway 12,
including Highway 12 and Highway 24 as those highways loop
off Highway 89 and rejoin Highway 89 at Sigurd;
(ii) from Highway 89 at the intersection of Highway 12
through Panguitch, Junction, Marysvale, and Sevier County to
Sigurd;
(iii) continuing northward along Highway 89 through Axtell
and Sterling, Sanpete County, to Fairview, Sanpete County, at
the junction with Utah Highway 31; and
(iv) continuing northward along Highway 89 through Fairview
and Thistle Junction, to the junction with Highway 6; and
(B) including the following communities: Kanab, Mt. Carmel,
Orderville, Glendale, Alton, Cannonville, Tropic,
Henrieville, Escalante, Boulder, Teasdale, Fruita,
Hanksville, Torrey, Bicknell, Loa, Hatch, Panquitch,
Circleville, Antimony, Junction, Marysvale, Koosharem,
Sevier, Joseph, Monroe, Elsinore, Richfield, Glenwood,
Sigurd, Aurora, Salina, Mayfield, Sterling, Gunnison,
Fayette, Manti, Ephraim, Spring City, Mt. Pleasant, Moroni,
Fountain Green, and Fairview.
(2) Map.--The Secretary shall prepare a map of the Heritage
Area, which shall be on file and available for public
inspection in the office of the Director of the National Park
Service.
(3) Notice to local governments.--The local coordinating
entity shall provide to the government of each city, town,
and county that has jurisdiction over property proposed to be
included in the Heritage Area written notice of the proposed
inclusion.
(c) Administration.--The Heritage Area shall be
administered in accordance with this subtitle.

SEC. 255. DESIGNATION OF ALLIANCE AS LOCAL COORDINATING
ENTITY.

(a) In General.--The Board of Directors of the Alliance
shall be the local coordinating entity for the Heritage Area.
(b) Federal Funding.--
(1) Authorization to receive funds.--The local coordinating
entity may receive amounts made available to carry out this
subtitle.
(2) Disqualification.--If a management plan is not
submitted to the Secretary as required under section 256
within the time period specified in that section, the local
coordinating entity may not receive Federal funding under
this subtitle until a management plan is submitted to the
Secretary.
(c) Use of Federal Funds.--The local coordinating entity
may, for the purposes of developing and implementing the
management plan, use Federal funds made available under this
subtitle--
(1) to make grants to the State, political subdivisions of
the State, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with or provide
technical assistance to the State, political subdivisions of
the State, nonprofit organizations, and other organizations;
(3) to hire and compensate staff;
(4) to obtain funds from any source under any program or
law requiring the recipient of funds to make a contribution
in order to receive the funds; and
(5) to contract for goods and services.
(d) Prohibition of Acquisition of Real Property.--The local
coordinating entity shall not use Federal funds received
under this subtitle to acquire real property or any interest
in real property.

SEC. 256. MANAGEMENT OF THE HERITAGE AREA.

(a) Heritage Area Management Plan.--
(1) Development and submission for review.--Not later than
3 years after the date on which funds are made available to
carry out the subtitle, the local coordinating entity, with
public participation, shall develop and submit for review to
the Secretary a management plan for the Heritage Area.
(2) Contents.--The management plan shall--
(A) present comprehensive recommendations for the
conservation, funding, management, and development of the
Heritage Area;
(B) take into consideration Federal, State, county, and
local plans;
(C) involve residents, public agencies, and private
organizations in the Heritage Area;
(D) include a description of actions that units of
government and private organizations are recommended to take
to protect the resources of the Heritage Area;
(E) specify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area; and
(F) include--
(i) an inventory of resources in the Heritage Area that--

(I) includes a list of property in the Heritage Area that
should be conserved, restored, managed, developed, or
maintained because of the historical, cultural, or natural
significance of the property as the property relates to the
themes of the Heritage Area; and
(II) does not include any property that is privately owned
unless the owner of the property consents in writing to the
inclusion;

(ii) a recommendation of policies for resource management
that consider the application of appropriate land and water
management techniques, including policies for the development
of intergovernmental cooperative agreements to manage the
historical, cultural, and natural resources and recreational
opportunities of the Heritage Area in a manner that is
consistent with the support of appropriate and compatible
economic viability;
(iii) a program for implementation of the management plan,
including plans for restoration and construction;
(iv) a description of any commitments that have been made
by persons interested in management of the Heritage Area;

[[Page S10545]]

(v) an analysis of means by which Federal, State, and local
programs may best be coordinated to promote the purposes of
this subtitle; and
(vi) an interpretive plan for the Heritage Area.
(3) Approval or disapproval of the management plan.--
(A) In general.--Not later than 180 days after submission
of the management plan by the local coordinating entity, the
Secretary shall approve or disapprove the management plan.
(B) Disapproval and revisions.--
(i) In general.--If the Secretary disapproves the
management plan, the Secretary shall--

(I) advise the local coordinating entity, in writing, of
the reasons for the disapproval; and
(II) make recommendations for revision of the management
plan.

(ii) Approval or disapproval.--The Secretary shall approve
or disapprove proposed revisions to the management plan not
later than 60 days after receipt of the revisions from the
local coordinating entity.
(b) Priorities.--The local coordinating entity shall give
priority to the implementation of actions, goals, and
policies set forth in the management plan, including--
(1) assisting units of government, regional planning
organizations, and nonprofit organizations in--
(A) conserving the historical, cultural, and natural
resources of the Heritage Area;
(B) establishing and maintaining interpretive exhibits in
the Heritage Area;
(C) developing recreational opportunities in the Heritage
Area;
(D) increasing public awareness of and appreciation for the
historical, cultural, and natural resources of the Heritage
Area;
(E) restoring historic buildings that are--
(i) located within the boundaries of the Heritage Area; and
(ii) related to the theme of the Heritage Area; and
(F) ensuring that clear, consistent, and environmentally
appropriate signs identifying access points and sites of
interest are put in place throughout the Heritage Area; and
(2) consistent with the goals of the management plan,
encouraging economic viability in the affected communities by
appropriate means, including encouraging and soliciting the
development of heritage products.
(c) Consideration of Interests of Local Groups.--In
developing and implementing the management plan, the local
coordinating entity shall consider the interests of diverse
units of government, businesses, private property owners, and
nonprofit organizations in the Heritage Area.
(d) Public Meetings.--The local coordinating entity shall
conduct public meetings at least annually regarding the
implementation of the management plan.
(e) Annual Reports.--For any fiscal year in which the local
coordinating entity receives Federal funds under this
subtitle, the local coordinating entity shall submit to the
Secretary an annual report that describes--
(1) the accomplishments of the local coordinating entity;
(2) the expenses and income of the local coordinating
entity; and
(3) the entities to which the local coordinating entity
made any grants during the year for which the report is made.
Cooperation With Audits.--For any fiscal year in which the
local coordinating entity receives Federal funds under this
subtitle, the local coordinating entity shall--
(1) make available for audit by Congress, the Secretary,
and appropriate units of government all records and other
information relating to the expenditure of the Federal funds
and any matching funds; and
(2) require, with respect to all agreements authorizing
expenditure of the Federal funds by other organizations, that
the receiving organizations make available for audit all
records and other information relating to the expenditure of
the Federal funds.
(g) Delegation.--
(1) In general.--The local coordinating entity may delegate
the responsibilities and actions under this subtitle for each
area identified in section 254(b)(1).
(2) Review.--All delegated responsibilities and actions are
subject to review and approval by the local coordinating
entity.

SEC. 257. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

(a) Technical Assistance and Grants.--
(1) In general.--The Secretary may provide technical
assistance and, subject to the availability of
appropriations, grants to--
(A) units of government, nonprofit organizations, and other
persons, at the request of the local coordinating entity; and
(B) the local coordinating entity, for use in developing
and implementing the management plan.
(2) Prohibition of certain requirements.--The Secretary may
not, as a condition of the award of technical assistance or
grants under this subtitle, require any recipient of the
technical assistance or a grant to enact or modify any land
use restriction.
(3) Determinations regarding assistance.--The Secretary
shall determine whether a unit of government, nonprofit
organization, or other person shall be awarded technical
assistance or grants and the amount of technical assistance--
(A) based on the extent to which the assistance--
(i) fulfills the objectives of the management plan; and
(ii) achieves the purposes of this subtitle; and
(B) after giving special consideration to projects that
provide a greater leverage of Federal funds.
(b) Provision of Information.--In cooperation with other
Federal agencies, the Secretary shall provide the public with
information concerning the location and character of the
Heritage Area.
(c) Other Assistance.--The Secretary may enter into
cooperative agreements with public and private organizations
for the purposes of implementing this subtitle.
(d) Duties of Other Federal Agencies.--A Federal entity
conducting any activity directly affecting the Heritage Area
shall--
(1) consider the potential effect of the activity on the
management plan; and
(2) consult with the local coordinating entity with respect
to the activity to minimize the adverse effects of the
activity on the Heritage Area.

SEC. 258A. 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. 258B. 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. 259. AUTHORIZATION OF APPROPRIATIONS.

SEC. 260. TERMINATION OF AUTHORITY.

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

Subtitle E--Freedom's Frontier National Heritage Area

SEC. 261. SHORT TITLE.

This subtitle may be cited as the ``Freedom's Frontier
National Heritage Area Act''.

SEC. 262. PURPOSE.

The purpose of this subtitle is to use preservation,
conservation, education, interpretation, and recreation in
eastern Kansas and Western Missouri in heritage development
and sustainability of the American story recognized by the
American people.

SEC. 263. DEFINITIONS.

In this subtitle:
(1) Heritage area.--The term ``Heritage Area'' means the
Freedom's Frontier National Heritage Area in eastern Kansas
and western Missouri.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means Territorial Kansas Heritage
Alliance, recognized by the Secretary, in consultation with
the Governors of the States, that agrees to perform the
duties of a local coordinating entity under this subtitle, so
long as that Alliance is composed of not less than 25 percent
residents of Missouri.
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 264(e).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means each of the States of
Kansas and Missouri.
(6) Unit of local government.--The term ``unit of local
government'' means the government of a State, a political
subdivision of a State, or an Indian tribe.

[[Page S10546]]

SEC. 264. FREEDOM'S FRONTIER NATIONAL HERITAGE AREA.

(a) Establishment.--There is established in the States the
Freedom's Frontier National Heritage Area.
(b) Boundaries.--The Heritage Area may include the
following:
(1) An area located in eastern Kansas and western Missouri,
consisting of--
(A) Allen, Anderson, Atchison, Bourbon, Chautauqua,
Cherokee, Clay, Coffey, Crawford, Douglas, Franklin, Geary,
Jackson, Johnson, Labette, Leavenworth, Linn, Miami, Neosho,
Pottawatomie, Riley, Shawnee, Wabaunsee, Wilson, Woodson,
Jefferson, Montgomery, Osage, and Wyandotte Counties in
Kansas; and
(B) Buchanan, Platte, Clay, Ray, Lafayette, Jackson, Cass,
Johnson, Bates, Vernon, Barton, and St. Clair Counties in
Missouri.
(2) Contributing sites, buildings, and districts within the
area that are recommended by the management plan.
(c) Map.--The final boundary of the Heritage Area within
the counties identified in subsection (b)(1) shall be
specified in the management plan. 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) Local Coordinating Entity.--
(1) In general.--The local coordinating entity for the
Heritage Area shall be Territorial Kansas Heritage Alliance,
a nonprofit organization established in the State of Kansas,
recognized by the Secretary, in consultation with the
Governors of the States, so long as that Alliance is composed
of not less than 25 percent residents of Missouri and agrees
to perform the duties of the local coordinating entity under
this subtitle.
(2) Authorities.--For purposes of developing and
implementing the management plan, the local coordinating
entity may--
(A) make grants to, and enter into cooperative agreements
with, the States, political subdivisions of the States, and
private organizations;
(B) hire and compensate staff; and
(C) enter into contracts for goods and services.
(e) Management Plan.--
(1) In general.--Not later than 3 years after the date on
which funds are made available to carry out this subtitle,
the local coordinating entity shall develop and submit to the
Secretary a management plan reviewed by participating units
of local government within the boundaries of the proposed
Heritage Area.
(2) Contents.--The management plan shall--
(A) present a comprehensive program for the conservation,
interpretation, funding, management, and development of the
Heritage Area, in a manner consistent with the existing
local, State, and Federal land use laws and compatible
economic viability of the Heritage Area;
(B) establish criteria or standards to measure what is
selected for conservation, interpretation, funding,
management, and development;
(C) involve residents, public agencies, and private
organizations working in the Heritage Area;
(D) specify and coordinate, as of the date of the
management plan, existing and potential sources of technical
and financial assistance under this and other Federal laws to
protect, manage, and develop the Heritage Area; and
(E) include--
(i) actions to be undertaken by units of government and
private organizations to protect, conserve, and interpret the
resources of the Heritage Area;
(ii) an inventory of the resources contained in the
Heritage Area, including a list of any property in the
Heritage Area that is related to the themes of the Heritage
Area and that meets the establishing criteria (such as, but
not exclusive to, visitor readiness) to merit preservation,
restoration, management, development, or maintenance because
of its natural, cultural, historical, or recreational
significance;
(iii) policies for resource management including the
development of intergovernmental cooperative agreements,
private sector agreements, or any combination thereof, to
protect the historical, cultural, recreational, and natural
resources of the Heritage Area in a manner consistent with
supporting appropriate and compatible economic viability;
(iv) a program for implementation of the management plan by
the designated local coordinating entity, in cooperation with
its partners and units of local government;
(v) evidence that relevant State, county, and local plans
applicable to the Heritage Area have been taken into
consideration;
(vi) an analysis of ways in which local, State, and Federal
programs may best be coordinated to promote the purposes of
this subtitle; and
(vii) a business plan that--

(I) describes in detail the role, operation, financing, and
functions of the local coordinating entity for each activity
included in the recommendations contained in the management
plan; and
(II) provides, to the satisfaction of the Secretary,
adequate assurances that the local coordinating entity is
likely to have the financial resources necessary to implement
the management plan for the Heritage Area, including
resources to meet matching requirement for grants awarded
under this subtitle.

(3) Considerations.--In developing and implementing the
management plan, the local coordinating entity shall consider
the interests of diverse governmental, business, and
nonprofit groups within the Heritage Area.
(4) Disqualification from funding.--If a proposed
management plan is not submitted to the Secretary within 3
years after the date on which funds are made available to
carry out this subtitle, the local coordinating entity shall
be ineligible to receive additional funding under this
subtitle until the date on which the Secretary receives the
proposed management plan.
(5) Approval and disapproval of management plan.--The
Secretary shall approve or disapprove the proposed management
plan submitted under this subtitle not later than 90 days
after receiving such proposed management plan.
(6) Action following disapproval.--If the Secretary
disapproves a proposed management plan, the Secretary shall
advise the local coordinating 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.
(7) Approval of amendments.--The Secretary shall review and
approve substantial amendments to the management plan. Funds
appropriated under this subtitle may not be expended to
implement any changes made by such amendment until the
Secretary approves the amendment.
(8) Implementation.--
(A) Priorities.--The local coordinating entity shall give
priority to implementing actions described in the management
plan, including--
(i) assisting units of government and nonprofit
organizations in preserving resources within the Heritage
Area; and
(ii) encouraging local governments to adopt land use
policies consistent with the management of the Heritage Area
and the goals of the management plan.
(B) Public meetings.--The local coordinating entity shall
conduct public meetings at least quarterly on the
implementation of the management plan. Not less than 25
percent of the public meetings shall be conducted in
Missouri.
(f) Public Notice.--The local coordinating entity shall
place a notice of each of its public meetings in a newspaper
of general circulation in the Heritage Area and shall make
the minutes of the meeting available to the public.
(g) Annual Report.--For any year in which Federal funds
have been made available under this subtitle, the local
coordinating entity shall submit to the Secretary an annual
report that describes--
(1) the accomplishments of the local coordinating entity;
and
(2) the expenses and income of the local coordinating
entity.
(h) Audit.--The local coordinating entity shall--
(1) make available to the Secretary for audit all records
relating to the expenditure of Federal funds and any matching
funds; and
(2) 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 the Federal
funds and any matching funds.
(i) Use of Federal Funds.--
(1) In general.--No Federal funds made available under this
subtitle may be used to acquire real property or an interest
in real property.
(2) Other sources.--Nothing in this subtitle precludes the
local coordinating entity from using Federal funds made
available under other Federal laws for any purpose for which
the funds are authorized to be used.

SEC. 265. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL
AGENCIES.

(a) Technical and Financial Assistance.--
(1) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance for the development and implementation of the
management plan.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall give priority to actions
that assist in--
(A) conserving the significant cultural, historic, and
natural resources of the Heritage Area; and
(B) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(3) Spending for non-federal property.--The local
coordinating entity may expend Federal funds made available
under this subtitle on non-Federal property that--
(A) meets the criteria in the approved management plan; or
(B) is listed or eligible for listing on the National
Register of Historic Places.
(4) Other assistance.--The Secretary may enter into
cooperative agreements with public and private organizations
to carry out this subsection.
(b) Other Federal Agencies.--Any Federal entity conducting
or supporting an activity that directly affects the Heritage
Area shall--
(1) consider the potential effect of the activity on the
purposes of the Heritage Area and the management plan;
(2) consult with the local coordinating entity regarding
the activity; and
(3) to the maximum extent practicable, conduct or support
the activity to avoid adverse effects on the Heritage Area.

[[Page S10547]]

(c) Other Assistance Not Affected.--This subtitle does not
affect the authority of any Federal official to provide
technical or financial assistance under any other law.
(d) Notification of Other Federal Activities.--The head of
each Federal agency shall provide to the Secretary and the
local coordinating entity, to the extent practicable, advance
notice of all activities that may have an impact on the
Heritage Area.

SEC. 266. PRIVATE PROPERTY PROTECTION.

(a) Access to Private Property.--Nothing in this subtitle
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
subtitle shall be construed to modify any provision of
Federal, State, or local law with regard to public access to
or use of private lands.
(b) Liability.--Designation of the Heritage Area shall not
be considered to create any liability, or to have any effect
on any liability under any other law, of any private property
owner with respect to any persons injured on such private
property.
(c) Recognition of Authority to Control Land Use.--Nothing
in this subtitle shall be construed to modify any authority
of Federal, State, or local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage
Areas.--Nothing in this subtitle shall be construed to
require the owner of any private property located within the
boundaries of the Heritage Area to participate in or be
associated with the Heritage Area.
(e) Land Use Regulation.--
(1) In general.--The local coordinating entity shall
provide assistance and encouragement to State and local
governments, private organizations, and persons to protect
and promote the resources and values of the Heritage Area.
(2) Effect.--Nothing in this subtitle--
(A) affects the authority of the State or local governments
to regulate under law any use of land; or
(B) grants any power of zoning or land use to the local
coordinating entity.
(f) Private Property.--
(1) In general.--The local coordinating entity shall be an
advocate for land management practices consistent with the
purposes of the Heritage Area.
(2) Effect.--Nothing in this subtitle--
(A) abridges the rights of any person with regard to
private property;
(B) affects the authority of the State or local government
regarding private property; or
(C) imposes any additional burden on any property owner.
(g) Requirements for Inclusion of Private Property.--
(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 the boundary by
submitting a written request to the management entity

SEC. 267. SAVINGS PROVISIONS.

(a) Rules, Regulations, Standards, and Permit Processes.--
Nothing in this subtitle shall be construed to impose any
environmental, occupational, safety, or other rule,
regulation, standard, or permit process in the Heritage Area
that is different from those that would be applicable if the
Heritage Area had not been established.
(b) Water and Water Rights.--Nothing in this subtitle shall
be construed to authorize or imply the reservation or
appropriation of water or water rights.
(c) No Diminishment of State Authority.--Nothing in this
subtitle shall be construed to diminish the authority of the
State to manage fish and wildlife, including the regulation
of fishing and hunting within the Heritage Area.

SEC. 268. AUTHORIZATION OF APPROPRIATIONS.

SEC. 269. TERMINATION OF AUTHORITY.

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

Subtitle F--Upper Housatonic Valley National Heritage Area

SEC. 271. SHORT TITLE.

This subtitle may be cited as the ``Upper Housatonic Valley
National Heritage Area Act''.

SEC. 272. 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 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 subtitle 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. 273. DEFINITIONS.

In this subtitle:
(1) Heritage area.--The term ``Heritage Area'' means the
Upper Housatonic Valley National Heritage Area, established
in section 274.
(2) Management entity.--The term ``Management Entity''
means the management entity for the Heritage Area designated
by section 274(d).
(3) Management plan.--The term ``Management Plan'' means
the management plan for the Heritage Area specified in
section 276.
(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. 274. 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

[[Page S10548]]

(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. 275. 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 276;
(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 subtitle, 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 subtitle, 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 subtitle 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 subtitle 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. 276. 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 subtitle.
(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 subtitle until such time as the
management plan is submitted to the Secretary.

SEC. 277. 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 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 subtitle to implement any amendments
until the Secretary has approved the amendments.

SEC. 278. 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 subtitle 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. 279. 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

[[Page S10549]]

property immediately removed from the boundary by submitting
a written request to the management entity.

SEC. 280. PRIVATE PROPERTY PROTECTION.

(a) Access to Private Property.--Nothing in this subtitle
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 subtitle 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 subtitle 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 subtitle 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. 280A. AUTHORIZATION OF APPROPRIATIONS.

SEC. 280B. SUNSET.

The authority of the Secretary to provide assistance under
this subtitle shall terminate on the day occurring 15 years
after the date of the enactment of this subtitle.

Subtitle G--Champlain Valley National Heritage Partnership

SEC. 281. SHORT TITLE.

This subtitle may be cited as the ``Champlain Valley
National Heritage Partnership Act of 2006''.

SEC. 282. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) the Champlain Valley and its extensive cultural and
natural resources have played a significant role in the
history of the United States and the individual States of
Vermont and New York;
(2) archaeological evidence indicates that the Champlain
Valley has been inhabited by humans since the last retreat of
the glaciers, with the Native Americans living in the area at
the time of European discovery being primarily of Iroquois
and Algonquin descent;
(3) the linked waterways of the champlain valley, including
the richelieu river in canada, played a unique and
significant role in the establishment and development of the
United States and canada through several distinct eras,
including--
(A) the era of European exploration, during which Samuel de
Champlain and other explorers used the waterways as a means
of access through the wilderness;
(B) the era of military campaigns, including highly
significant military campaigns of the French and Indian War,
the American Revolution, and the War of 1812; and
(C) the era of maritime commerce, during which canal boats,
schooners, and steamships formed the backbone of commercial
transportation for the region;
(4) those unique and significant eras are best described by
the theme ``The Making of Nations and Corridors of
Commerce'';
(5) the artifacts and structures associated with those eras
are unusually well-preserved;
(6) the Champlain Valley is recognized as having one of the
richest collections of historical resources in North America;
(7) the history and cultural heritage of the Champlain
Valley are shared with Canada and the Province of Quebec;
(8) there are benefits in celebrating and promoting this
mutual heritage;
(9) tourism is among the most important industries in the
Champlain Valley, and heritage tourism in particular plays a
significant role in the economy of the Champlain Valley;
(10) it is important to enhance heritage tourism in the
Champlain Valley while ensuring that increased visitation
will not impair the historical and cultural resources of the
region;
(11) according to the 1999 report of the National Park
Service entitled ``Champlain Valley Heritage Corridor
Project'', ``the Champlain Valley contains resources and
represents a theme `The Making of Nations and Corridors of
Commerce', that is of outstanding importance in United States
history''; and
(12) it is in the interest of the United States to preserve
and interpret the historical and cultural resources of the
Champlain Valley for the education and benefit of present and
future generations.
(b) Purposes.--The purposes of this subtitle are--
(1) to establish the Champlain Valley National Heritage
Partnership in the States of Vermont and New York to
recognize the importance of the historical, cultural, and
recreational resources of the Champlain Valley region to the
United States;
(2) to assist the States of Vermont and New York, including
units of local government and nongovernmental organizations
in the States, in preserving, protecting, and interpreting
those resources for the benefit of the people of the United
States;
(3) to use those resources and the theme ``the making of
nations and corridors of commerce'' to--
(A) revitalize the economy of communities in the Champlain
Valley; and
(B) generate and sustain increased levels of tourism in the
Champlain Valley;
(4) to encourage--
(A) partnerships among State and local governments and
nongovernmental organizations in the United States; and
(B) collaboration with canada and the province of quebec
to--
(i) interpret and promote the history of the waterways of
the Champlain Valley region;
(ii) form stronger bonds between the United States and
Canada; and
(iii) promote the international aspects of the Champlain
Valley region; and
(5) to provide financial and technical assistance for the
purposes described in paragraphs (1) through (4).

SEC. 283. DEFINITIONS.

In this subtitle:
(1) Heritage partnership.--The term ``Heritage
Partnership'' means the Champlain Valley National Heritage
Partnership established by section 104(a).
(2) Management entity.--The term ``management entity''
means the Lake Champlain Basin Program.
(3) Management plan.--The term ``management plan'' means
the management plan developed under section 284(b)(1)(B)(i).
(4) Region.--
(A) In general.--The term ``region'' means any area or
community in 1 of the States in which a physical, cultural,
or historical resource that represents the theme is located.
(B) Inclusions.--The term ``region'' includes
(i) The linked navigable waterways of.--

(I) Lake Champlain;
(II) Lake George;
(III) the Champlain Canal; and
(IV) the portion of the Upper Hudson River extending south
to Saratoga;

(ii) portions of Grand Isle, Franklin, Chittenden, Addison,
Rutland, and Bennington Counties in the State of Vermont; and
(iii) portions of Clinton, Essex, Warren, Saratoga and
Washington Counties in the State of New York.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--the term ``State'' means
(A) the State of Vermont; and
(B) the State of New York.
(7) Theme.--The term ``theme'' means the theme ``The Making
of Nations and Corridors of Commerce'', as the term is used
in the 1999 report of the National Park Service entitled
``Champlain Valley Heritage Corridor Project'', that
describes the periods of international conflict and maritime
commerce during which the region played a unique and
significant role in the development of the United States and
Canada.

SEC. 284. HERITAGE PARTNERSHIP.

(a) Establishment.--There is established in the region the
Champlain Valley National Heritage Partnership.
(b) Management Entity.--
(1) Duties.--
(A) In general.--The management entity shall implement this
subtitle.
(B) Management plan.--
(i) In general.--Not later than 3 years after the date of
enactment of this Act, the management entity shall develop a
management plan for the Heritage Partnership.
(ii) Existing plan.--Pending the completion and approval of
the management plan, the management entity may implement the
provisions of this subtitle based on its federally authorized
plan ``Opportunities for Action, an Evolving Plan For Lake
Champlain''.
(iii) Contents.--The management plan shall include--

(I) recommendations for funding, managing, and developing
the Heritage Partnership;
(II) a description of activities to be carried out by
public and private organizations to protect the resources of
the Heritage Partnership;
(III) a list of specific, potential sources of funding for
the protection, management, and development of the Heritage
Partnership;
(IV) an assessment of the organizational capacity of the
management entity to achieve the goals for implementation;
and
(V) recommendations of ways in which to encourage
collaboration with Canada and the Province of Quebec in
implementing this subtitle.

(iv) Considerations.--In developing the management plan
under clause (i), the management entity shall take into
consideration existing Federal, State, and local plans
relating to the region.
(v) Submission to secretary for approval.--

[[Page S10550]]

(I) In general.--Not later than 3 years after the date of
enactment of this Act, the management entity shall submit the
management plan to the Secretary for approval.
(II) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date specified in
subclause (I), the Secretary shall not provide any additional
funding under this subtitle until a management plan for the
Heritage Partnership is submitted to the Secretary.

(vi) Approval.--Not later than 90 days after receiving the
management plan submitted under clause (v)(I), the Secretary,
in consultation with the States, shall approve or disapprove
the management plan.
(vii) Action following disapproval.--

(I) General.--If the Secretary disapproves a management
plan under clause (vi), the Secretary shall--

(aa) advise the management entity in writing of the reasons
for the disapproval;
(bb) make recommendations for revisions to the management
plan; and
(cc) allow the management entity to submit to the Secretary
revisions to the management plan.

(II) Deadline for approval of revision.--Not later than 90
days after the date on which a revision is submitted under
subclause (I)(cc), the Secretary shall approve or disapprove
the revision.

(viii) Amendment.--

(I) In general.--After approval by the Secretary of the
management plan, the management entity shall periodically--

(aa) review the management plan; and
(bb) submit to the Secretary, for review and approval by
the Secretary, the recommendations of the management entity
for any amendments to the management plan that the management
entity considers to be appropriate.

(II) Expenditure of funds.--No funds made available under
this subtitle shall be used to implement any amendment
proposed by the management entity under subclause (I) until
the Secretary approves the amendments.

(2) Partnerships.--
(A) In general.--In carrying out this subtitle, the
management entity may enter into partnerships with--
(i) the States, including units of local governments in the
States;
(ii) nongovernmental organizations;
(iii) Indian Tribes; and
(iv) other persons in the Heritage Partnership.
(B) Grants.--Subject to the availability of funds, the
management entity may provide grants to partners under
subparagraph (A) to assist in implementing this subtitle.
(3) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds made available
under this subtitle to acquire real property or any interest
in real property.
(c) Assistance From Secretary.--To carry out the purposes
of this subtitle, the Secretary may provide technical and
financial assistance to the management entity.

SEC. 285. 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 until
(1) the management entity notifies the owner of the private
property in writing; and
(2) the owner of the private property provides to the
management entity written consent for the preservation,
conservation, or promotion.
(b) Landowner Withdrawal.--Private property included within
the boundary of the Heritage Partnership shall immediately be
withdrawn from the Heritage Partnership if the owner of the
property submits a written request to the management entity.

SEC. 286. PRIVATE PROPERTY PROTECTION.

(a) Access to Private Property.--Nothing in this subtitle--
(1) requires a private property owner to allow public
access (including access by the Federal Government or State
or local governments) to private property; or
(2) modifies any provision of Federal, State, or local law
with respect to public access to, or use of, private
property.
(b) Liability.--Designation of the Heritage Partnership
under this subtitle does not create any liability, or have
any effect on liability under any other law, of a private
property owner with respect to any persons injured on the
private property.
(c) Recognition of Authority to Control Land Use.--Nothing
in this subtitle modifies any authority of the Federal
Government or State or local governments to regulate land
use.
(d) Participation of Private Property Owners.--Nothing in
this subtitle requires the owner of any private property
located within the boundaries of the Heritage Partnership to
participate in, or be associated with the Heritage
Partnership.
(e) Effect of Establishment.--
(1) In general.--The boundaries designated for the Heritage
Partnership represent the area within which Federal funds
appropriated for the purpose of this subtitle shall be
expended.
(2) Regulatory authority.--The establishment of the
Heritage Partnership and the boundaries of the Heritage
Partnership do not provide any regulatory authority that is
not in existence on the date of enactment of this Act
relating to land use within the Heritage Partnership or the
viewshed of the Heritage Partnership by the Secretary, the
National Park Service, or the management entity.

SEC. 287. EFFECT.

Nothing in this subtitle--
(1) grants powers of zoning or land use to the management
entity; or
(2) obstructs or limits private business development
activities or resource development activities.

SEC. 288. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated to
carry out this subtitle not more than a total of $10,000,000,
of which not more than $1,000,000 may be made available for
any fiscal year.
(b) Non-Federal Share.--The non-Federal share of the cost
of any activities carried out using Federal funds made
available under subsection (a) shall be not less than 50
percent.

SEC. 109. TERMINATION OF AUTHORITY.

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

Subtitle H--Great Basin National Heritage Route

SEC. 291. SHORT TITLE.

This subtitle may be cited as the ``Great Basin National
Heritage Route Act''.

SEC. 291A. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) the natural, cultural, and historic heritage of the
North American Great Basin is nationally significant;
(2) communities along the Great Basin Heritage Route
(including the towns of Delta, Utah, Ely, Nevada, and the
surrounding communities) are located in a classic western
landscape that contains long natural vistas, isolated high
desert valleys, mountain ranges, ranches, mines, historic
railroads, archaeological sites, and tribal communities;
(3) the Native American, pioneer, ranching, mining, timber,
and railroad heritages associated with the Great Basin
Heritage Route include the social history and living cultural
traditions of a rich diversity of nationalities;
(4) the pioneer, Mormon, and other religious settlements,
and ranching, timber, and mining activities of the region
played and continue to play a significant role in the
development of the United States, shaped by--
(A) the unique geography of the Great Basin;
(B) an influx of people of Greek, Chinese, Basque, Serb,
Croat, Italian, and Hispanic descent; and
(C) a Native American presence (Western Shoshone, Northern
and Southern Paiute, and Goshute) that continues in the Great
Basin today;
(5) the Great Basin housed internment camps for Japanese-
American citizens during World War II, 1 of which, Topaz, was
located along the Heritage Route;
(6) the pioneer heritage of the Heritage Route includes the
Pony Express route and stations, the Overland Stage, and many
examples of 19th century exploration of the western United
States;
(7) the Native American heritage of the Heritage Route
dates back thousands of years and includes--
(A) archaeological sites;
(B) petroglyphs and pictographs;
(C) the westernmost village of the Fremont culture; and
(D) communities of Western Shoshone, Paiute, and Goshute
tribes;
(8) the Heritage Route contains multiple biologically
diverse ecological communities that are home to exceptional
species such as--
(A) bristlecone pines, the oldest living trees in the
world;
(B) wildlife adapted to harsh desert conditions;
(C) unique plant communities, lakes, and streams; and
(D) native Bonneville cutthroat trout;
(9) the air and water quality of the Heritage Route is
among the best in the United States, and the clear air
permits outstanding viewing of the night skies;
(10) the Heritage Route includes unique and outstanding
geologic features such as numerous limestone caves, classic
basin and range topography with playa lakes, alluvial fans,
volcanics, cold and hot springs, and recognizable features of
ancient Lake Bonneville;
(11) the Heritage Route includes an unusual variety of open
space and recreational and educational opportunities because
of the great quantity of ranching activity and public land
(including city, county, and State parks, national forests,
Bureau of Land Management land, and a national park);
(12) there are significant archaeological, historical,
cultural, natural, scenic, and recreational resources in the
Great Basin to merit the involvement of the Federal
Government in the development, in cooperation with the Great
Basin Heritage Route Partnership and other local and
governmental entities, of programs and projects to--
(A) adequately conserve, protect, and interpret the
heritage of the Great Basin for present and future
generations; and
(B) provide opportunities in the Great Basin for education;
and
(13) the Great Basin Heritage Route Partnership shall serve
as the local coordinating entity for a Heritage Route
established in the Great Basin.
(b) Purposes.--The purposes of this subtitle are--
(1) to foster a close working relationship with all levels
of government, the private sector, and the local communities
within White Pine County, Nevada, Millard County, Utah, and
the Duckwater Shoshone Reservation;
(2) to enable communities referred to in paragraph (1) to
conserve their heritage while continuing to develop economic
opportunities; and

[[Page S10551]]

(3) to conserve, interpret, and develop the archaeological,
historical, cultural, natural, scenic, and recreational
resources related to the unique ranching, industrial, and
cultural heritage of the Great Basin, in a manner that
promotes multiple uses permitted as of the date of enactment
of this Act, without managing or regulating land use.

SEC. 291B. DEFINITIONS.

In this subtitle:
(1) Great basin.--The term ``Great Basin'' means the North
American Great Basin.
(2) Heritage route.--The term ``Heritage Route'' means the
Great Basin National Heritage Route established by section
291C(a).
(3) Local coordinating entity.--The term ``local
coordinating entity'' means the Great Basin Heritage Route
Partnership established by section 291C(c).
(4) Management plan.--The term ``management plan'' means
the plan developed by the local coordinating entity under
section 291E(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.

SEC. 291C. GREAT BASIN NATIONAL HERITAGE ROUTE.

(a) Establishment.--There is established the Great Basin
National Heritage Route to provide the public with access to
certain historical, cultural, natural, scenic, and
recreational resources in White Pine County, Nevada, Millard
County, Utah, and the Duckwater Shoshone Reservation in the
State of Nevada, as designated by the local coordinating
entity.
(b) Boundaries.--The local coordinating entity shall
determine the specific boundaries of the Heritage Route.
(c) Local Coordinating Entity.--
(1) In general.--The Great Basin Heritage Route Partnership
shall serve as the local coordinating entity for the Heritage
Route.
(2) Board of directors.--The Great Basin Heritage Route
Partnership shall be governed by a board of directors that
consists of--
(A) 4 members who are appointed by the Board of County
Commissioners for Millard County, Utah;
(B) 4 members who are appointed by the Board of County
Commissioners for White Pine County, Nevada; and
(C) a representative appointed by each Native American
Tribe participating in the Heritage Route.

SEC. 291D. MEMORANDUM OF UNDERSTANDING.

(a) In General.--In carrying out this subtitle, the
Secretary, in consultation with the Governors of the States
of Nevada and Utah and the tribal government of each Indian
tribe participating in the Heritage Route, shall enter into a
memorandum of understanding with the local coordinating
entity.
(b) Inclusions.--The memorandum of understanding shall
include information relating to the objectives and management
of the Heritage Route, including--
(1) a description of the resources of the Heritage Route;
(2) a discussion of the goals and objectives of the
Heritage Route, including--
(A) an explanation of the proposed approach to
conservation, development, and interpretation; and
(B) a general outline of the anticipated protection and
development measures;
(3) a description of the local coordinating entity;
(4) a list and statement of the financial commitment of the
initial partners to be involved in developing and
implementing the management plan; and
(5) a description of the role of the States of Nevada and
Utah in the management of the Heritage Route.
(c) Additional Requirements.--In developing the terms of
the memorandum of understanding, the Secretary and the local
coordinating entity shall--
(1) provide opportunities for local participation; and
(2) include terms that ensure, to the maximum extent
practicable, timely implementation of all aspects of the
memorandum of understanding.
(d) Amendments.--
(1) In general.--The Secretary shall review any amendments
of the memorandum of understanding proposed by the local
coordinating entity or the Governor of the State of Nevada or
Utah.
(2) Use of funds.--Funds made available under this subtitle
shall not be expended to implement a change made by a
proposed amendment described in paragraph (1) until the
Secretary approves the amendment.

SEC. 291E. MANAGEMENT PLAN.

(a) In General.--Not later than 3 years after the date on
which funds are made available to carry out this subtitle,
the local coordinating entity shall develop and submit to the
Secretary for approval a management plan for the Heritage
Route that--
(1) specifies--
(A) any resources designated by the local coordinating
entity under section 291C(a); and
(B) the specific boundaries of the Heritage Route, as
determined under section 291C(b); and
(2) presents clear and comprehensive recommendations for
the conservation, funding, management, and development of the
Heritage Route.
(b) Considerations.--In developing the management plan, the
local coordinating entity shall--
(1) provide for the participation of local residents,
public agencies, and private organizations located within the
counties of Millard County, Utah, White Pine County, Nevada,
and the Duckwater Shoshone Reservation in the protection and
development of resources of the Heritage Route, taking into
consideration State, tribal, county, and local land use plans
in existence on the date of enactment of this Act;
(2) identify sources of funding;
(3) include--
(A) a program for implementation of the management plan by
the local coordinating entity, including--
(i) plans for restoration, stabilization, rehabilitation,
and construction of public or tribal property; and
(ii) specific commitments by the identified partners
referred to in section 291D(b)(4) for the first 5 years of
operation; and
(B) an interpretation plan for the Heritage Route; and
(4) develop a management plan that will not infringe on
private property rights without the consent of the owner of
the private property.
(c) Failure to Submit.--If the local coordinating entity
fails to submit a management plan to the Secretary in
accordance with subsection (a), the Heritage Route shall no
longer qualify for Federal funding.
(d) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receipt of a
management plan under subsection (a), the Secretary, in
consultation with the Governors of the States of Nevada and
Utah, shall approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve a
management plan, the Secretary shall consider whether the
management plan--
(A) has strong local support from a diversity of
landowners, business interests, nonprofit organizations, and
governments associated with the Heritage Route;
(B) is consistent with and complements continued economic
activity along the Heritage Route;
(C) has a high potential for effective partnership
mechanisms;
(D) avoids infringing on private property rights; and
(E) provides methods to take appropriate action to ensure
that private property rights are observed.
(3) Action following disapproval.--If the Secretary
disapproves a management plan under paragraph (1), the
Secretary shall--
(A) advise the local coordinating entity in writing of the
reasons for the disapproval;
(B) make recommendations for revisions to the management
plan; and
(C) not later than 90 days after the receipt of any
proposed revision of the management plan from the local
coordinating entity, approve or disapprove the proposed
revision.
(e) Implementation.--On approval of the management plan as
provided in subsection (d)(1), the local coordinating entity,
in conjunction with the Secretary, shall take appropriate
steps to implement the management plan.
(f) Amendments.--
(1) In general.--The Secretary shall review each amendment
to the management plan that the Secretary determines may make
a substantial change to the management plan.
(2) Use of funds.--Funds made available under this subtitle
shall not be expended to implement an amendment described in
paragraph (1) until the Secretary approves the amendment.

SEC. 291F. AUTHORITY AND DUTIES OF LOCAL COORDINATING ENTITY.

(a) Authorities.--The local coordinating entity may, for
purposes of preparing and implementing the management plan,
use funds made available under this subtitle to--
(1) make grants to, and enter into cooperative agreements
with, a State (including a political subdivision), an Indian
tribe, a private organization, or any person; and
(2) hire and compensate staff.
(b) Duties.--In addition to developing the management plan,
the local coordinating entity shall--
(1) give priority to implementing the memorandum of
understanding and the management plan, including taking steps
to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in--
(i) establishing and maintaining interpretive exhibits
along the Heritage Route;
(ii) developing recreational resources along the Heritage
Route;
(iii) increasing public awareness of and appreciation for
the archaeological, historical, cultural, natural, scenic,
and recreational resources and sites along the Heritage
Route; and
(iv) if requested by the owner, restoring, stabilizing, or
rehabilitating any private, public, or tribal historical
building relating to the themes of the Heritage Route;
(B) encourage economic viability and diversity along the
Heritage Route in accordance with the objectives of the
management plan; and
(C) encourage the installation of clear, consistent, and
environmentally appropriate signage identifying access points
and sites of interest along the Heritage Route;
(2) consider the interests of diverse governmental,
business, and nonprofit groups associated with the Heritage
Route;
(3) conduct public meetings in the region of the Heritage
Route at least semiannually regarding the implementation of
the management plan;
(4) submit substantial amendments (including any increase
of more than 20 percent in the cost estimates for
implementation) to the management plan to the Secretary for
approval by the Secretary; and
(5) for any year for which Federal funds are received under
this subtitle--
(A) submit to the Secretary a report that describes, for
the year--
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity; and
(iii) each entity to which any loan or grant was made;
(B) make available for audit all records pertaining to the
expenditure of the funds and any matching funds; and

[[Page S10552]]

(C) require, for all agreements authorizing the expenditure
of Federal funds by any entity, that the receiving entity
make available for audit all records pertaining to the
expenditure of the funds.
(c) Prohibition on the Acquisition of Real Property.--The
local coordinating entity shall not use Federal funds made
available under this subtitle to acquire real property or any
interest in real property.
(d) Prohibition on the Regulation of Land Use.--The local
coordinating entity shall not regulate land use within the
Heritage Route.

SEC. 291G. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, on request of the local
coordinating entity, provide technical and financial
assistance to develop and implement the management plan and
memorandum of understanding.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall, on request of the local
coordinating entity, give priority to actions that assist
in--
(A) conserving the significant archaeological, historical,
cultural, natural, scenic, and recreational resources of the
Heritage Route; and
(B) providing education, interpretive, and recreational
opportunities, and other uses consistent with those
resources.
(b) Application of Federal Law.--The establishment of the
Heritage Route shall have no effect on the application of any
Federal law to any property within the Heritage Route.

SEC. 291H. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

(a) Land Use Regulation.--Nothing in this subtitle--
(1) modifies, enlarges, or diminishes any authority of the
Federal, State, tribal, or local government to regulate by
law (including by regulation) any use of land; or
(2) grants any power of zoning or land use to the local
coordinating entity.
(b) Applicability of Federal Law.--Nothing in this
subtitle--
(1) imposes on the Heritage Route, as a result of the
designation of the Heritage Route, any regulation that is not
applicable to the area within the Heritage Route as of the
date of enactment of this Act; or
(2) authorizes any agency to promulgate a regulation that
applies to the Heritage Route solely as a result of the
designation of the Heritage Route under this subtitle.

SEC. 291I. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated to
carry out this subtitle $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
(b) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of any
activity assisted under this subtitle shall not exceed 50
percent.
(2) Form of non-federal share.--The non-Federal share may
be in the form of in-kind contributions, donations, grants,
and loans from individuals and State or local governments or
agencies.

SEC. 291J. TERMINATION OF AUTHORITY.

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

SEC. 291K. 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 Route 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 Route shall have
their property immediately removed from the boundary by
submitting a written request to the management entity.

SEC. 291L. 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 Route 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
Route.--Nothing in this title shall be construed to require
the owner of any private property located within the
boundaries of the Heritage Route to participate in or be
associated with the Heritage Route.
(e) Effect of Establishment.--The boundaries designated for
the Heritage Route represent the area within which Federal
funds appropriated for the purpose of this title may be
expended. The establishment of the Heritage Route and its
boundaries shall not be construed to provide any nonexisting
regulatory authority on land use within the Heritage Route or
its viewshed by the Secretary, the National Park Service, or
the management entity.

Subtitle I--Gullah/Geechee Heritage Corridor

SEC. 295. SHORT TITLE.

This subtitle may be cited as the ``Gullah/Geechee Cultural
Heritage Act''.

SEC. 295A. PURPOSES.

The purposes of this subtitle 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, Georgia, North Carolina, and Florida;
(2) assist State and local governments and public and
private entities in South Carolina, Georgia, North Carolina,
and Florida 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. 295B. DEFINITIONS.

In this subtitle:
(1) Local coordinating entity.--The term ``local
coordinating entity'' means the Gullah/Geechee Cultural
Heritage Corridor Commission established by section 295D(a).
(2) Heritage corridor.--The term ``Heritage Corridor''
means the Gullah/Geechee Cultural Heritage Corridor
established by section 295C(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 295C. 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--
(A) proposed in the management plan developed for the
Heritage Corridor;
(B) approved by the Secretary in accordance with this
subtitle; 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
subtitle.

SEC. 295D. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR
COMMISSION.

(a) Establishment.--There is hereby established a local
coordinating entity to be known as the ``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 295C(b).
(b) Membership.--The local coordinating entity shall be
composed of 15 members appointed by the Secretary as follows:
(1) Four individuals nominated by the State Historic
Preservation Officer of South Carolina and two individuals
each nominated by the State Historic Preservation Officer of
each of Georgia, North Carolina, and Florida and appointed by
the Secretary.
(2) Two individuals from South Carolina and one individual
from each of Georgia, North Carolina, and Florida who are
recognized experts in historic preservation, anthropology,
and folklore, appointed by the Secretary.
(c) Terms.--Members of the local coordinating entity shall
be appointed to terms not to exceed 3 years. The Secretary
may stagger the terms of the initial appointments to the
local coordinating entity in order to assure continuity of
operation. Any member of the local coordinating entity 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 local coordinating entity shall
terminate 10 years after the date of enactment of this Act.

SEC. 295E. OPERATION OF THE LOCAL COORDINATING ENTITY.

(a) Duties of the Local Coordinating Entity.--To further
the purposes of the Heritage Corridor, the local coordinating
entity shall--
(1) prepare and submit a management plan to the Secretary
in accordance with section 295F;
(2) assist units of local government and other persons in
implementing the approved management plan by--
(A) carrying 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;

[[Page S10553]]

(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 local coordinating entity receives Federal
funds under this subtitle, 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 subtitle, 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 local coordinating entity may, for
the purposes of preparing and implementing the management
plan, use funds made available under this subtitle to--
(1) make grants to, and enter into cooperative agreements
with, the States of South Carolina, North Carolina, Florida,
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. 295F. 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 local coordinating entity 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 subtitle; and
(9) include an interpretive plan for the Heritage Corridor.
(b) Submittal of Management Plan.--The local coordinating
entity shall submit the management plan to the Secretary for
approval not later than 3 years after funds are made
available for this subtitle.
(c) Failure to Submit.--If the local coordinating entity
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 local coordinating entity 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 local coordinating 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 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 local coordinating entity shall not use
Federal funds authorized by this subtitle to implement any
amendments until the Secretary has approved the amendments.

SEC. 295G. TECHNICAL AND FINANCIAL ASSISTANCE.

(a) In General.--Upon a request of the local coordinating
entity, 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 local coordinating entity may expend
Federal funds made available under this subtitle 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 subtitle shall be subject to an agreement that
conversion, use, or disposal of a project so assisted for
purposes contrary to the purposes of this subtitle, 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.

SEC. 295H. 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 local coordinating
entity with respect to such activities;
(2) cooperate with the Secretary and the local coordinating
entity in carrying out their duties under this subtitle 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 local coordinating
entity determines will not have an adverse effect on the
Heritage Corridor.

SEC. 295I. COASTAL HERITAGE CENTERS.

In furtherance of the purposes of this subtitle and using
the authorities made available under this subtitle, the local
coordinating entity 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, and additional appropriate
sites.

SEC. 295J. PRIVATE PROPERTY PROTECTION.

(a) Access to Private Property.--Nothing in this subtitle
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
subtitle 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 subtitle 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 subtitle 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 subtitle 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 local coordinating
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 local coordinating entity and has given
written consent for such preservation, conservation, or
promotion to the local coordinating 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 local
coordinating entity.

SEC. 295K. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated for
the purposes of this subtitle 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 subtitle.
(b) Cost Share.--Federal funding provided under this
subtitle may not exceed 50 percent of the total cost of any
activity for which assistance is provided under this
subtitle.
(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
subtitle.

[[Page S10554]]

SEC. 295L. TERMINATION OF AUTHORITY.

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

Subtitle J--Crossroads of the American Revolution National Heritage
Area

SEC. 297. SHORT TITLE.

This subtitle may be cited as the ``Crossroads of the
American Revolution National Heritage Area Act of 2006''.

SEC. 297A. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) the State of New Jersey was critically important during
the American Revolution because of the strategic location of
the State between the British armies headquartered in New
York City, New York, and the Continental Congress in the city
of Philadelphia, Pennsylvania;
(2) General George Washington spent almost half of the
period of the American Revolution personally commanding
troops of the Continental Army in the State of New Jersey,
including 2 severe winters spent in encampments in the area
that is now Morristown National Historical Park, a unit of
the National Park System;
(3) it was during the 10 crucial days of the American
Revolution between December 25, 1776, and January 3, 1777,
that General Washington, after retreating across the State of
New Jersey from the State of New York to the Commonwealth of
Pennsylvania in the face of total defeat, recrossed the
Delaware River on the night of December 25, 1776, and went on
to win crucial battles at Trenton and Princeton in the State
of New Jersey;
(4) Thomas Paine, who accompanied the troops during the
retreat, described the events during those days as ``the
times that try men's souls'';
(5) the sites of 296 military engagements are located in
the State of New Jersey, including--
(A) several important battles of the American Revolution
that were significant to--
(i) the outcome of the American Revolution; and
(ii) the history of the United States; and
(B) several national historic landmarks, including
Washington's Crossing, the Old Trenton Barracks, and
Princeton, Monmouth, and Red Bank Battlefields;
(6) additional national historic landmarks in the State of
New Jersey include the homes of--
(A) Richard Stockton, Joseph Hewes, John Witherspoon, and
Francis Hopkinson, signers of the Declaration of
Independence;
(B) Elias Boudinout, President of the Continental Congress;
and
(C) William Livingston, patriot and Governor of the State
of New Jersey from 1776 to 1790;
(7) portions of the landscapes important to the strategies
of the British and Continental armies, including waterways,
mountains, farms, wetlands, villages, and roadways--
(A) retain the integrity of the period of the American
Revolution; and
(B) offer outstanding opportunities for conservation,
education, and recreation;
(8) the National Register of Historic Places lists 251
buildings and sites in the National Park Service study area
for the Crossroads of the American Revolution that are
associated with the period of the American Revolution;
(9) civilian populations residing in the State of New
Jersey during the American Revolution suffered extreme
hardships because of--
(A) the continuous conflict in the State;
(B) foraging armies; and
(C) marauding contingents of loyalist Tories and rebel
sympathizers;
(10) because of the important role that the State of New
Jersey played in the successful outcome of the American
Revolution, there is a Federal interest in developing a
regional framework to assist the State of New Jersey, local
governments and organizations, and private citizens in--
(A) preserving and protecting cultural, historic, and
natural resources of the period; and
(B) bringing recognition to those resources for the
educational and recreational benefit of the present and
future generations of citizens of the United States; and
(11) the National Park Service has conducted a national
heritage area feasibility study in the State of New Jersey
that demonstrates that there is a sufficient assemblage of
nationally distinctive cultural, historic, and natural
resources necessary to establish the Crossroads of the
American Revolution National Heritage Area.
(b) Purposes.--The purposes of this subtitle are--
(1) to assist communities, organizations, and citizens in
the State of New Jersey in preserving--
(A) the special historic identity of the State; and
(B) the importance of the State to the United States;
(2) to foster a close working relationship among all levels
of government, the private sector, and local communities in
the State;
(3) to provide for the management, preservation,
protection, and interpretation of the cultural, historic, and
natural resources of the State for the educational and
inspirational benefit of future generations;
(4) to strengthen the value of Morristown National
Historical Park as an asset to the State by--
(A) establishing a network of related historic resources,
protected landscapes, educational opportunities, and events
depicting the landscape of the State of New Jersey during the
American Revolution; and
(B) establishing partnerships between Morristown National
Historical Park and other public and privately owned
resources in the Heritage Area that represent the strategic
fulcrum of the American Revolution; and
(5) to authorize Federal financial and technical assistance
for the purposes described in paragraphs (1) through (4).

SEC. 297B. DEFINITIONS.

In this subtitle:
(1) Heritage area.--The term ``Heritage Area'' means the
Crossroads of the American Revolution National Heritage Area
established by section 297C(a).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 297C(d).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 297D.
(4) Map.--The term ``map'' means the map entitled
``Crossroads of the American Revolution National Heritage
Area'', numbered CRRE/80,000, and dated April 2002.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of New
Jersey.

SEC. 297C. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL
HERITAGE AREA.

(a) Establishment.--There is established in the State the
Crossroads of the American Revolution National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the
land and water within the boundaries of the Heritage Area, as
depicted on the map.
(c) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(d) Local Coordinating Entity.--The Crossroads of the
American Revolution Association, Inc., a nonprofit
corporation in the State, shall be the local coordinating
entity for the Heritage Area.

SEC. 297D. MANAGEMENT PLAN.

(a) In General.--Not later than 3 years after the date on
which funds are made available to carry out this subtitle,
the local coordinating entity shall develop and forward to
the Secretary a management plan for the Heritage Area.
(b) Requirements.--The management plan 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;
(3) describe actions that units of local government,
private organizations, and individuals have agreed to take to
protect the cultural, historic, and natural resources of the
Heritage Area;
(4) identify existing and potential sources of funding for
the protection, management, and development of the Heritage
Area during the first 5 years of implementation of the
management plan; and
(5) include--
(A) an inventory of the cultural, educational, historic,
natural, recreational, and scenic resources of the Heritage
Area relating to the themes of the Heritage Area that should
be restored, managed, or developed;
(B) recommendations of policies and strategies for resource
management that result in--
(i) application of appropriate land and water management
techniques; and
(ii) development of intergovernmental and interagency
cooperative agreements to protect the cultural, educational,
historic, natural, recreational, and scenic resources of the
Heritage Area;
(C) a program of implementation of the management plan that
includes for the first 5 years of implementation--
(i) plans for resource protection, restoration,
construction; and
(ii) specific commitments for implementation that have been
made by the local coordinating entity or any government,
organization, or individual;
(D) an analysis of and recommendations for ways in which
Federal, State, and local programs, including programs of the
National Park Service, may be best coordinated to promote the
purposes of this subtitle; and
(E) an interpretive plan for the Heritage Area.
(c) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after the date of
receipt of the management plan under subsection (a), the
Secretary shall approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether--
(A) the Board of Directors of the local coordinating entity
is representative of the diverse interests of the Heritage
Area, including--
(i) governments;
(ii) natural and historic resource protection
organizations;
(iii) educational institutions;
(iv) businesses; and
(v) recreational organizations;
(B) the local coordinating entity provided adequate
opportunity for public and governmental involvement in the
preparation of the management plan, including public
hearings;
(C) the resource protection and interpretation strategies
in the management plan would adequately protect the cultural,
historic, and natural resources of the Heritage Area; and
(D) the Secretary has received adequate assurances from the
appropriate State and local officials whose support 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 under paragraph (1), the
Secretary shall--
(A) advise the local coordinating entity in writing of the
reasons for the disapproval;

[[Page S10555]]

(B) make recommendations for revisions to the management
plan; and
(C) not later than 60 days after the receipt of any
proposed revision of the management plan from the local
coordinating entity, approve or disapprove the proposed
revision.
(d) Amendments.--
(1) In general.--The Secretary shall approve or disapprove
each amendment to the management plan that the Secretary
determines may make a substantial change to the management
plan.
(2) Use of funds.--Funds made available under this subtitle
shall not be expended by the local coordinating entity to
implement an amendment described in paragraph (1) until the
Secretary approves the amendment.
(e) Implementation.--On completion of the 3-year period
described in subsection (a), any funding made available under
this subtitle shall be made available to the local
coordinating entity only for implementation of the approved
management plan.

SEC. 297E. AUTHORITIES, DUTIES, AND PROHIBITIONS APPLICABLE
TO THE LOCAL COORDINATING ENTITY.

(a) Authorities.--For purposes of preparing and
implementing the management plan, the local coordinating
entity may use funds made available under this subtitle to--
(1) make grants to, provide technical assistance to, and
enter into cooperative agreements with, the State (including
a political subdivision), a nonprofit organization, or any
other person;
(2) hire and compensate staff, including individuals with
expertise in--
(A) cultural, historic, or natural resource protection; or
(B) heritage programming;
(3) obtain funds or services from any source (including a
Federal law or program);
(4) contract for goods or services; and
(5) support any other activity--
(A) that furthers the purposes of the Heritage Area; and
(B) that is consistent with the management plan.
(b) Duties.--In addition to developing the management plan,
the local coordinating entity shall--
(1) 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 in the
Heritage Area;
(B) establishing and maintaining interpretive exhibits and
programs in the Heritage Area;
(C) developing recreational and educational opportunities
in the Heritage Area;
(D) increasing public awareness of and appreciation for
cultural, historic, and natural resources of the Heritage
Area;
(E) protecting and restoring historic sites and buildings
that are--
(i) located in the Heritage Area; and
(ii) related to the themes of the Heritage Area;
(F) ensuring that clear, consistent, and appropriate signs
identifying points of public access and sites of interest are
installed 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;
(2) in preparing and implementing the management plan,
consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area;
(3) conduct public meetings at least semiannually regarding
the development and implementation of the management plan;
(4) for any fiscal year for which Federal funds are
received under this subtitle--
(A) submit to the Secretary a report that describes for the
year--
(i) the accomplishments of the local coordinating entity;
(ii) the expenses and income of the local coordinating
entity; and
(iii) each entity to which a grant was made;
(B) make available for audit all information relating to
the expenditure of the funds and any matching funds; and
(C) require, for all agreements authorizing expenditures of
Federal funds by any entity, that the receiving entity make
available for audit all records and other information
relating to the expenditure of the funds;
(5) encourage, by appropriate means, economic viability
that is consistent with the purposes of the Heritage Area;
and
(6) maintain headquarters for the local coordinating entity
at Morristown National Historical Park and in Mercer County.
(c) Prohibition on the Acquisition of Real Property.--
(1) Federal funds.--The local coordinating entity shall not
use Federal funds made available under this subtitle to
acquire real property or any interest in real property.
(2) Other funds.--Notwithstanding paragraph (1), the local
coordinating entity may acquire real property or an interest
in real property using any other source of funding, including
other Federal funding.

SEC. 297F. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL
AGENCIES.

(a) Technical and Financial Assistance.--
(1) In general.--On the request of the local coordinating
entity, the Secretary may provide technical and financial
assistance to the Heritage Area for the development and
implementation of the management plan.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall give priority to actions
that assist in--
(A) conserving the significant cultural, historic, natural,
and scenic resources of the Heritage Area; and
(B) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(3) Operational assistance.--Subject to the availability of
appropriations, the Superintendent of Morristown National
Historical Park may, on request, provide to public and
private organizations in the Heritage Area, including the
local coordinating entity, any operational assistance that is
appropriate for the purpose of supporting the implementation
of the management plan.
(4) Preservation of historic properties.--To carry out the
purposes of this subtitle, the Secretary may provide
assistance to a State or local government or nonprofit
organization to provide for the appropriate treatment of--
(A) historic objects; or
(B) structures that are listed or eligible for listing on
the National Register of Historic Places.
(5) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the local coordinating entity and
other public or private entities to carry out this
subsection.
(b) Other Federal Agencies.--Any Federal agency conducting
or supporting an activity that directly affects the Heritage
Area shall--
(1) consult with the Secretary and the local coordinating
entity regarding the activity;
(2)(A) cooperate with the Secretary and the local
coordinating entity in carrying out the of the Federal agency
under this subtitle; and
(B) to the maximum extent practicable, coordinate the
activity with the carrying out of those duties; and
(3) to the maximum extent practicable, conduct the activity
to avoid adverse effects on the Heritage Area.

SEC. 297G. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There is authorized to be appropriated to
carry out this subtitle $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
cost of any activity assisted under this subtitle shall be
not more than 50 percent.

SEC. 297H. TERMINATION OF AUTHORITY.

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

SEC. 297I. 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. 297J. PRIVATE PROPERTY PROTECTION.

TITLE III--NATIONAL HERITAGE AREA STUDIES

Subtitle A--Western Reserve Heritage Area Study

SEC. 301. SHORT TITLE.

This subtitle may be cited as the ``Western Reserve
Heritage Areas Study Act''.

SEC. 302. 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

[[Page S10556]]

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, acting through the National
Park Service Rivers, Trails, and Conservation Assistance
Program, Midwest Region, and 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, shall 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 local coordinating 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.

Subtitle B--St. Croix National Heritage Area Study

SEC. 311. SHORT TITLE.

This subtitle may be cited as the ``St. Croix National
Heritage Area Study Act''.

SEC. 312. STUDY.

(a) In General.--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) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(4) provides outstanding recreational and educational
opportunities;
(5) 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;
(6) 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;
(7) has a potential local coordinating 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
(8) has a conceptual boundary map that is supported by the
public.
(b) 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 of the study.
(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.

Subtitle C--Southern Campaign of the Revolution

SEC. 321. SHORT TITLE.

This subtitle may be cited as the ``Southern Campaign of
the Revolution Heritage Area Study Act''.

SEC. 322. SOUTHERN CAMPAIGN OF THE REVOLUTION HERITAGE AREA
STUDY.

(a) Study.--The Secretary of the Interior, in consultation
with appropriate State historic preservation officers, States
historical societies, the South Carolina Department of Parks,
Recreation, and Tourism, and other appropriate organizations,
shall conduct a study regarding the suitability and
feasibility of designating the study area described in
subsection (b) as the Southern Campaign of the Revolution
Heritage Area. The study shall include analysis,
documentation, and determination regarding whether the study
area--
(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) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(4) provides outstanding recreational and educational
opportunities;
(5) contains resources important to the identified theme or
themes of the study area that retain a degree of integrity
capable of supporting interpretation;
(6) 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;
(7) has a potential local coordinating 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
(8) has a conceptual boundary map that is supported by the
public.
(b) Study Area.--
(1) In general.--
(A) South carolina.--The study area shall include the
following counties in South Carolina: Anderson, Pickens,
Greenville County, Spartanburg, Cherokee County, Greenwood,
Laurens, Union, York, Chester, Darlington, Florence,
Chesterfield, Marlboro, Fairfield, Richland, Lancaster,
Kershaw, Sumter, Orangeburg, Georgetown, Dorchester,
Colleton, Charleston, Beaufort, Calhoun, Clarendon, and
Williamsburg.
(B) North carolina.--The study area may include sites and
locations in North Carolina as appropriate.
(2) Specific sites.--The heritage area may include the
following sites of interest:
(A) National park service site.--Kings Mountain National
Military Park, Cowpens National Battlefield, Fort Moultrie
National Monument, Charles Pickney National Historic Site,
and Ninety Six National Historic Site as well as the National
Park Affiliate of Historic Camden Revolutionary War Site.

[[Page S10557]]

(B) State-maintained sites.--Colonial Dorchester State
Historic Site, Eutaw Springs Battle Site, Hampton Plantation
State Historic Site, Landsford Canal State Historic Site,
Andrew Jackson State Park, and Musgrove Mill State Park.
(C) Communities.--Charleston, Beaufort, Georgetown,
Kingstree, Cheraw, Camden, Winnsboro, Orangeburg, and Cayce.
(D) Other key sites open to the public.--Middleton Place,
Goose Creek Church, Hopsewee Plantation, Walnut Grove
Plantation, Fort Watson, and Historic Brattonsville.
(c) Report.--Not later than 3 fiscal years after the date
on which funds are first made available to carry out this
subtitle, 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 of
the study.

SEC. 323. PRIVATE PROPERTY.

In conducting the study required by this subtitle, 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.

TITLE IV--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR ACT
AMENDMENTS

SEC. 401. SHORT TITLE.

This title may be cited as the ``Illinois and Michigan
Canal National Heritage Corridor Act Amendments of 2006''.

SEC. 402. TRANSITION AND PROVISIONS FOR NEW LOCAL
COORDINATING ENTITY.

The Illinois and Michigan Canal National Heritage Corridor
Act of 1984 (Public Law 98-398; 16 U.S.C. 461 note) is
amended as follows:
(1) In section 103--
(A) in paragraph (8), by striking ``and'';
(B) in paragraph (9), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(10) the term `Association' means the Canal Corridor
Association (an organization described under section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code).''.
(2) By adding at the end of section 112 the following new
paragraph:
``(7) The Secretary shall enter into a memorandum of
understanding with the Association to help ensure appropriate
transition of the local coordinating entity to the
Association and coordination with the Association regarding
that role.''.
(3) By adding at the end the following new sections:

``SEC. 119. ASSOCIATION AS LOCAL COORDINATING ENTITY.

``Upon the termination of the Commission, the local
coordinating entity for the corridor shall be the
Association.

``SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION.

``For purposes of preparing and implementing the management
plan developed under section 121, the Association may use
Federal funds made available under this title--
``(1) to make loans and grants to, and enter into
cooperative agreements with, States and their political
subdivisions, private organizations, or any person;
``(2) to hire, train, and compensate staff; and
``(3) to enter into contracts for goods and services.

``SEC. 121. DUTIES OF THE ASSOCIATION.

``The Association shall--
``(1) develop and submit to the Secretary for approval
under section 123 a proposed management plan for the corridor
not later than 2 years after Federal funds are made available
for this purpose;
``(2) give priority to implementing actions set forth in
the management plan, including taking steps to assist units
of local government, regional planning organizations, and
other organizations--
``(A) in preserving the corridor;
``(B) in establishing and maintaining interpretive exhibits
in the corridor;
``(C) in developing recreational resources in the corridor;
``(D) in increasing public awareness of and appreciation
for the natural, historical, and architectural resources and
sites in the corridor; and
``(E) in facilitating the restoration of any historic
building relating to the themes of the corridor;
``(3) encourage by appropriate means economic viability in
the corridor consistent with the goals of the management
plan;
``(4) consider the interests of diverse governmental,
business, and other groups within the corridor;
``(5) conduct public meetings at least quarterly regarding
the implementation of the management plan;
``(6) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for
implementation) to the management plan to the Secretary; and
``(7) for any year in which Federal funds have been
received under this title--
``(A) submit an annual report to the Secretary setting
forth the Association's accomplishments, expenses and income,
and the identity of each entity to which any loans and grants
were made during the year for which the report is made;
``(B) make available for audit all records pertaining to
the expenditure of such funds and any matching funds; and
``(C) require, for all agreements authorizing expenditure
of Federal funds by other organizations, that the receiving
organizations make available for audit all records pertaining
to the expenditure of such funds.

``SEC. 122. USE OF FEDERAL FUNDS.

``(a) In General.--The Association shall not use Federal
funds received under this title to acquire real property or
an interest in real property.
``(b) Other Sources.--Nothing in this title precludes the
Association from using Federal funds from other sources for
authorized purposes.

``SEC. 123. MANAGEMENT PLAN.

``(a) Preparation of Management Plan.--Not later than 2
years after the date that Federal funds are made available
for this purpose, the Association shall submit to the
Secretary for approval a proposed management plan that
shall--
``(1) take into consideration State and local plans and
involve residents, local governments and public agencies, and
private organizations in the corridor;
``(2) present comprehensive recommendations for the
corridor's conservation, funding, management, and
development;
``(3) include actions proposed to be undertaken by units of
government and nongovernmental and private organizations to
protect the resources of the corridor;
``(4) specify the existing and potential sources of funding
to protect, manage, and develop the corridor; and
``(5) include--
``(A) identification of the geographic boundaries of the
corridor;
``(B) a brief description and map of the corridor's overall
concept or vision that show key sites, visitor facilities and
attractions, and physical linkages;
``(C) identification of overall goals and the strategies
and tasks intended to reach them, and a realistic schedule
for completing the tasks;
``(D) a listing of the key resources and themes of the
corridor;
``(E) identification of parties proposed to be responsible
for carrying out the tasks;
``(F) a financial plan and other information on costs and
sources of funds;
``(G) a description of the public participation process
used in developing the plan and a proposal for public
participation in the implementation of the management plan;
``(H) a mechanism and schedule for updating the plan based
on actual progress;
``(I) a bibliography of documents used to develop the
management plan; and
``(J) a discussion of any other relevant issues relating to
the management plan.
``(b) Disqualification From Funding.--If a proposed
management plan is not submitted to the Secretary within 2
years after the date that Federal funds are made available
for this purpose, the Association shall be ineligible to
receive additional funds under this title until the Secretary
receives a proposed management plan from the Association.
``(c) Approval of Management Plan.--The Secretary shall
approve or disapprove a proposed management plan submitted
under this title not later than 180 days after receiving such
proposed management plan. If action is not taken by the
Secretary within the time period specified in the preceding
sentence, the management plan shall be deemed approved. The
Secretary shall consult with the local entities representing
the diverse interests of the corridor including governments,
natural and historic resource protection organizations,
educational institutions, businesses, recreational
organizations, community residents, and private property
owners prior to approving the management plan. The
Association shall conduct semi-annual public meetings,
workshops, and hearings to provide adequate opportunity for
the public and local and governmental entities to review and
to aid in the preparation and implementation of the
management plan.
``(d) Effect of Approval.--Upon the approval of the
management plan as provided in subsection (c), the management
plan shall supersede the conceptual plan contained in the
National Park Service report.
``(e) Action Following Disapproval.--If the Secretary
disapproves a proposed management plan within the time period
specified in subsection (c), the Secretary shall advise the
Association in writing of the reasons for the disapproval and
shall make recommendations for revisions to the proposed
management plan.
``(f) Approval of Amendments.--The Secretary shall review
and approve all substantial amendments (including any
increase of more than 20 percent in the cost estimates for
implementation) to the management plan. Funds made available
under this title may not be expended to implement any changes
made by a substantial amendment until the Secretary approves
that substantial amendment.

``SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL
AGENCIES.

``(a) Technical and Financial Assistance.--Upon the request
of the Association, the Secretary may provide technical
assistance, on a reimbursable or nonreimbursable basis, and
financial assistance to the Association to develop and
implement the management plan. The Secretary is authorized to
enter into cooperative agreements with the Association and
other public or private entities for this purpose. In
assisting the Association, the Secretary shall give priority
to actions that in general assist in--
``(1) conserving the significant natural, historic,
cultural, and scenic resources of the corridor; and
``(2) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the corridor.
``(b) Duties of Other Federal Agencies.--Any Federal agency
conducting or supporting activities directly affecting the
corridor shall--
``(1) consult with the Secretary and the Association with
respect to such activities;

[[Page S10558]]

``(2) cooperate with the Secretary and the Association 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 Association determines
is not likely to have an adverse effect on the corridor.

``SEC. 125. 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) 50 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 of that cost.

``SEC. 126. SUNSET.

``The authority of the Secretary to provide assistance
under this title terminates on the date that is 15 years
after the date of enactment of this section.''.

SEC. 403. PRIVATE PROPERTY PROTECTION.

The Illinois and Michigan Canal National Heritage Corridor
Act of 1984 is further amended by adding after section 126
(as added by section 402) the following new sections:

``SEC. 127. 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
corridor until the owner of that private property has been
notified in writing by the Association and has given written
consent for such preservation, conservation, or promotion to
the Association.
``(b) Landowner Withdrawal.--Any owner of private property
included within the boundary of the corridor, and not
notified under subsection (a), shall have their property
immediately removed from the boundary of the corridor by
submitting a written request to the Association.

``SEC. 128. 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 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 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
Corridor.--Nothing in this title shall be construed to
require the owner of any private property located within the
boundaries of the corridor to participate in or be associated
with the corridor.
``(e) Effect of Establishment.--The boundaries designated
for the corridor represent the area within which Federal
funds appropriated for the purpose of this title may be
expended. The establishment of the corridor and its
boundaries shall not be construed to provide any nonexisting
regulatory authority on land use within the corridor or its
viewshed by the Secretary, the National Park Service, or the
Association.''.

SEC. 404. TECHNICAL AMENDMENTS.

Section 116 of Illinois and Michigan Canal National
Heritage Corridor Act of 1984 is amended--
(1) by striking subsection (b); and
(2) in subsection (a)--
(A) by striking ``(a)'' and all that follows through ``For
each'' and inserting ``(a) For each'';
(B) by striking ``Commission'' and inserting
``Association'';
(C) by striking ``Commission's'' and inserting
``Association's'';
(D) by redesignating paragraph (2) as subsection (b); and
(E) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.

TITLE V--MOKELUMNE RIVER FEASIBILITY STUDY

SEC. 501. AUTHORIZATION OF MOKELUMNE RIVER REGIONAL WATER
STORAGE AND CONJUNCTIVE USE PROJECT STUDY.

Pursuant to the Reclamation Act of 1902 (32 Stat. 388) and
Acts amendatory thereof and supplemental thereto, not later
than 2 years after the date of the enactment of this Act, the
Secretary of the Interior (hereafter in this title referred
to as the ``Secretary''), through the Bureau of Reclamation,
and in consultation and cooperation with the Mokelumne River
Water and Power Authority, shall complete and submit to the
Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate
copies of a study to determine the feasibility of
constructing a project to provide additional water supply and
improve water management reliability through the development
of new water storage and conjunctive use programs.

SEC. 502. USE OF REPORTS AND OTHER INFORMATION.

In developing the study under section 501, the Secretary
shall use, as appropriate, reports and any other relevant
information supplied by the Mokelumne River Water and Power
Authority, the East Bay Municipal Utility District, and other
Mokelumne River Forum stakeholders.

SEC. 503. COST SHARES.

(a) Federal Share.--The Federal share of the costs of the
study conducted under this title shall not exceed 50 percent
of the total cost of the study.
(b) In-Kind Contributions.--The Secretary shall accept, as
appropriate, such in-kind contributions of goods or services
from the Mokelumne River Water and Power Authority as the
Secretary determines will contribute to the conduct and
completion of the study conducted under this title. Goods and
services accepted under this section shall be counted as part
of the non-Federal cost share for that study.

SEC. 504. WATER RIGHTS.

Nothing in this title shall be construed to invalidate,
preempt, or create any exception to State water law, State
water rights, or Federal or State permitted activities or
agreements.

SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Secretary
$3,300,000 for the Federal cost share of the study conducted
under this title.

TITLE VI--DELAWARE NATIONAL COASTAL SPECIAL RESOURCES STUDY

SEC. 601. SHORT TITLE.

This title may be cited as the ``Delaware National Coastal
Special Resources Study Act''.

SEC. 602. STUDY.

(a) In General.--The Secretary of the Interior (referred to
in this title as the ``Secretary'') shall conduct a special
resources study of the national significance, suitability,
and feasibility of including sites in the coastal region of
the State of Delaware in the National Park System.
(b) Inclusion of Sites in the National Park System.--The
study under subsection (a) shall include an analysis and any
recommendations of the Secretary concerning the suitability
and feasibility of designating 1 or more of the sites along
the Delaware coast, including Fort Christina, as a unit of
the National Park System that relates to the themes described
in section 603.
(c) Study Guidelines.--In conducting the study authorized
under subsection (a), the Secretary shall use the criteria
for the study of areas for potential inclusion in the
National Park System contained in section 8 of Public Law 91-
383 (16 U.S.C. 1a-5).
(d) Consultation.--In preparing and conducting the study
under subsection (a), the Secretary shall consult with--
(1) the State of Delaware;
(2) the coastal region communities;
(3) owners of private property that would likely be
impacted by a National Park Service designation; and
(4) the general public.

SEC. 603. THEMES.

The study authorized under section 602 shall evaluate sites
along the coastal region of the State of Delaware that relate
to--
(1) the history of indigenous peoples, which would explore
the history of Native American tribes of Delaware, such as
the Nanticoke and Lenni Lenape;
(2) the colonization and establishment of the frontier,
which would chronicle the first European settlers in the
Delaware Valley who built fortifications for the protection
of settlers, such as Fort Christina;
(3) the founding of a nation, which would document the
contributions of Delaware to the development of our
constitutional republic;
(4) industrial development, which would investigate the
exploitation of water power in Delaware with the mill
development on the Brandywine River;
(5) transportation, which would explore how water served as
the main transportation link, connecting Colonial Delaware
with England, Europe, and other colonies;
(6) coastal defense, which would document the collection of
fortifications spaced along the river and bay from Fort
Delaware on Pea Patch Island to Fort Miles near Lewes;
(7) the last stop to freedom, which would detail the role
Delaware has played in the history of the Underground
Railroad network; and
(8) the coastal environment, which would examine natural
resources of Delaware that provide resource-based
recreational opportunities such as crabbing, fishing,
swimming, and boating.

SEC. 604. REPORT.

Not later than 2 years after funds are made available to
carry out this title under section 605, the Secretary shall
submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the House of
Representatives a report containing the findings,
conclusions, and recommendations of the study conducted under
section 602.

TITLE VII--JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL HERITAGE
CORRIDOR REAUTHORIZATION

SEC. 701. SHORT TITLE.

This title may be cited as the ``John H. Chafee Blackstone
River Valley National Heritage Corridor Reauthorization Act
of 2006''.

SEC. 702. JOHN H. CHAFEE BLACKSTONE RIVER VALLEY NATIONAL
HERITAGE CORRIDOR.

(a) Commission Membership.--Section 3(b) of Public Law 99-
647 (16 U.S.C. 461 note) is amended--
(1) by striking ``nineteen members'' and inserting ``25
members'';
(2) in paragraph (2)--
(A) by striking ``six'' and inserting ``6''; and
(B) by striking ``Department of Environmental Management
Directors from Rhode Island and Massachusetts'' and inserting
``the Director of the Rhode Island Department of
Environmental Management and the Secretary of the
Massachusetts Executive Office of Environmental Affairs'';
(3) in paragraph (3)--

[[Page S10559]]

(A) by striking ``four'' each place it appears and
inserting ``5''; and
(B) by striking ``and'' after the semicolon;
(4) in paragraph (4)--
(A) by striking ``two'' each place it appears and inserting
``3''; and
(B) by striking the period and inserting ``; and''; and
(5) by inserting after paragraph (4) the following:
``(5) 1 representative of a nongovernmental organization
from Massachusetts and 1 from Rhode Island, to be appointed
by the Secretary, which have expertise in historic
preservation, conservation, outdoor recreation, cultural
conservation, traditional arts, community development, or
tourism.''.
(b) Quorum.--Section 3(f)(1) of Public Law 99-647 (16
U.S.C. 461 note) is amended by striking ``Ten'' and inserting
``13''.
(c) Update of Plan.--Section 6 of Public Law 99-647 (16
U.S.C. 461 note) is amended by adding at the end the
following:
``(e) Update of Plan.--(1) Not later than 2 years after the
date of enactment of this subsection, the Commission shall
update the plan under subsection (a).
``(2) In updating the plan under paragraph (1), the
Commission shall take into account the findings and
recommendations included in the Blackstone Sustainability
Study conducted by the National Park Service Conservation
Study Institute.''
``(3) The update shall include--
``(A) performance goals; and
``(B) an analysis of--
``(i) options for preserving, enhancing, and interpreting
the resources of the Corridor;
``(ii) the partnerships that sustain those resources; and
``(iii) the funding program for the Corridor.
``(4)(A) Except as provided in subparagraph (B), the
Secretary shall approve or disapprove any changes to the plan
proposed in the update in accordance with subsection (b).
``(B) Minor revisions to the plan shall not be subject to
the approval of the Secretary.''.
(d) Extension of Commission.--Public Law 99-647 (16 U.S.C.
461 note) is amended by striking section 7 and inserting the
following:

``SEC. 7. TERMINATION OF COMMISSION.

``The Commission shall terminate on the date that is 5
years after the date of enactment of the John H. Chafee
Blackstone River Valley National Heritage Corridor
Reauthorization Act of 2006.''.
(e) Special Resource Study.--Section 8 of Public Law 99-647
(16 U.S.C. 461 note) is amended by adding at the end the
following:
``(d) Special Resource Study.--
``(1) In general.--The Secretary shall conduct a special
resource study of sites and associated landscape features
within the boundaries of the Corridor that contribute to the
understanding of the Corridor as the birthplace of the
industrial revolution in the United States.
``(2) Evaluation.--Not later than 3 years after the date on
which funds are made available to carry out this subsection,
the Secretary shall complete the study under paragraph (1) to
evaluate the possibility of--
``(A) designating 1 or more site or landscape feature as a
unit of the National Park System; and
``(B) coordinating and complementing actions by the
Commission, local governments, and State and Federal
agencies, in the preservation and interpretation of
significant resources within the Corridor.
``(3) Coordination.--The Secretary shall coordinate the
Study with the Commission.
``(4) Report.--Not later than 30 days after the date on
which the study under paragraph (1) is completed, the
Secretary shall submit to the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that describes--
``(A) the findings of the study; and
``(B) the conclusions and recommendations of the
Secretary.''.
(f) Authorization of Appropriations.--Section 10 of Public
Law 99-647 (16 U.S.C. 461 note) is amended--
(1) in subsection (a), by striking ``$650,000'' and
inserting ``$1,000,000''; and
(2) by striking subsection (b) and inserting the following:
``(b) Development Funds.--There is authorized to be
appropriated to carry out section 8(c) not more than
$10,000,000 for the period of fiscal years 2006 through 2016,
to remain available until expended.
``(c) Special Resource Study.--There are authorized to be
appropriated such sums as are necessary to carry out section
8(d).''.

TITLE VIII--CALIFORNIA RECLAMATION GROUNDWATER REMEDIATION INITIATIVE

SEC. 801. SHORT TITLE.

This title may be cited as the ``California Reclamation
Groundwater Remediation Initiative''.

SEC. 802. DEFINITIONS.

For the purposes of this title:
(1) Groundwater remediation.--The term ``groundwater
remediation'' means actions that are necessary to prevent,
minimize, or mitigate damage to groundwater.
(2) Local water authority.--The term ``local water
authority'' means the Santa Clara Valley Water District or a
public water district, public water utility, public water
planning agency, municipality, or Indian tribe located within
the Santa Clara Valley; and a public water district, public
water utility, public water planning agency, municipality, or
Indian tribe located within the natural watershed of the
Santa Ana river in the State of California.
(3) Remediation fund.--The term ``Remediation Fund'' means
the California Basins Groundwater Remediation Fund
established pursuant to section 803(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 803. CALIFORNIA BASINS REMEDIATION.

(a) California Basins Remediation.--
(1) Establishment of remediation fund.--There shall be
established within the Treasury of the United States an
interest bearing account to be known as the California Basins
Groundwater Remediation Fund.
(2) Administration of remediation fund.--The Remediation
Fund shall be administered by the Secretary of the Interior,
acting through the Bureau of Reclamation. The Secretary shall
administer the Remediation Fund in cooperation with the local
water authority.
(3) Purposes of remediation fund.--
(A) In general.--Subject to subparagraph (B), the amounts
in the Remediation Fund, including interest accrued, shall be
used by the Secretary to provide grants to the local water
authority to reimburse the local water authority for the
Federal share of the costs associated with designing and
constructing groundwater remediation projects to be
administered by the local water authority.
(B) Cost-sharing limitation.--
(i) In general.--The Secretary may not obligate any funds
appropriated to the Remediation Fund in a fiscal year until
the Secretary has deposited into the Remediation Fund an
amount provided by non-Federal interests sufficient to ensure
that at least 35 percent of any funds obligated by the
Secretary for a project are from funds provided to the
Secretary for that project by the non-Federal interests.
(ii) Non-federal responsibility.--Each local water
authority shall be responsible for providing the non-Federal
amount required by clause (i) for projects under that local
water authority. The State of California, local government
agencies, and private entities may provide all or any portion
of the non-Federal amount.
(iii) Credits toward non-federal share.--For purposes of
clause (ii), the Secretary shall credit the appropriate local
water authority with the value of all prior expenditures by
non-Federal interests made after January 1, 2000, that are
compatible with the purposes of this section, including--

(I) all expenditures made by non-Federal interests to
design and construct groundwater remediation projects,
including expenditures associated with environmental analyses
and public involvement activities that were required to
implement the groundwater remediation projects in compliance
with applicable Federal and State laws; and
(II) all expenditures made by non-Federal interests to
acquire lands, easements, rights-of-way, relocations,
disposal areas, and water rights that were required to
implement a groundwater remediation project.

(b) Compliance With Applicable Law.--In carrying out the
activities described in this section, the Secretary shall
comply with any applicable Federal and State laws.
(c) Relationship to Other Activities.--Nothing in this
section shall be construed to affect other Federal or State
authorities that are being used or may be used to facilitate
remediation and protection of any groundwater subbasin
eligible for funding pursuant to this title. In carrying out
the activities described in this section, the Secretary shall
integrate such activities with ongoing Federal and State
projects and activities. None of the funds made available for
such activities pursuant to this section shall be counted
against any Federal authorization ceiling established for any
previously authorized Federal projects or activities.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Remediation Fund $25,000,000.
Subject to the limitations in section 804, such funds shall
remain available until expended.

SEC. 804. SUNSET OF AUTHORITY.

This title--
(1) shall take effect on the date of the enactment of this
Act; and
(2) is repealed effective as of the date that is 10 years
after the date of the enactment of this Act.

TITLE IX--NATIONAL COAL HERITAGE AREA

SEC. 901. NATIONAL COAL HERITAGE AREA AMENDMENTS.

Title I of Division II of the Omnibus Parks and Public
Lands Management Act of 1996 is amended as follows:
(1) In section 103(b)--
(A) by striking ``comprised of the counties'' and inserting
``shall be comprised of the following:
``(1) The counties; and''.
(B) by inserting after paragraph (1) (as so designated by
paragraph (1) of this subsection) the following new
paragraphs:
``(2) Lincoln County, West Virginia.
``(3) Paint Creek and Cabin Creek within Kanawha County,
West Virginia.''.
(2) In section 104, by striking ``Governor'' and all that
follows through ``organizations'' and inserting ``National
Coal Heritage Area Authority, a public corporation and
government instrumentality established by the State of West
Virginia, pursuant to which the Secretary shall assist the
National Coal Heritage Area Authority''.

Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the
Senate concur in the House amendment and the motion to reconsider be
laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. HUTCHISON. Thank you, Mr. President.
I yield the floor.
The PRESIDING OFFICER. The Senator from Texas.

[[Page S10560]]

S. 3661

Mr. CORNYN. Mr. President, I thank the Senator from Vermont for being
here so we can discuss briefly a bill that has just by unanimous
consent been passed.
The reason we are here is to help clarify some concerns which I know
he has with the legislation. I appreciate his willingness to work with
Senator Hutchison and myself in expediting this passage.
This bill will ultimately repeal the Wright amendment, a law designed
to reflect the compromise with respects to flights coming into and out
of Love Field in Dallas, TX and, therefore, operating just a few miles
down the road from Dallas-Ft. Worth Airport but which has proved a
hindrance to competition among airlines; and has resulted in increased
fares to those who travel through DFW Airport.
The legislation before us recognizes that the city of Dallas is the
entity responsible for operating Love Field, and will reduce the gates
there to 20 and will allocate those gates with existing commitments and
obligations, including commitments to accommodate potential new
entrants.
I point out that doing so will allow the city of Dallas to maintain
an appropriate number of gates to address the critically important
considerations of local noise, air pollution, congestion, and safety.
I yield to the Senator from Vermont.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, I appreciate what the Senator from Texas
has said. I appreciate the colloquy and the days we spent trying to
work through this issue. He and I talked about this before the break in
August. I knew working with him we would work out a solution. I believe
we have. It is a complicated solution for competition law and obviously
important for Texas.
The Senate Judiciary Committee is responsible for ensuring
competition--and thereby protecting consumers--through enactment and
enforcement of antitrust laws. I support repeal of the Wright
amendment, but the bill originally introduced by Senator Hutchison went
well beyond a simple repeal. It would have explicitly insulated from
competition review private agreements among competitors. Such
insulation is inappropriate and unprecedented, and it is bad for
consumers.
I am sensitive to the hard work that the cities of Dallas and Fort
Worth, and the airport authority there, have put in to craft a solution
to the complicated web of problems created by the Wright amendment. It
is more than unfortunate that Congress permitted such a clearly
anticompetitive situation to exist in the first place, and it is
certainly our obligation to try to rectify that problem. Doing so in a
way that creates a new set of anticompetitive issues--and the resulting
harm to consumers--would only be to repeat the errors of the past.
I appreciate the changes we have been able to agree to, stripping the
explicit antitrust exemption from the bill, and speaking only to the
obligations of the city of Dallas, rather than blessing the agreement
among the cities, the airport authority, and two airlines. I am still
concerned, however, because while Congress is no longer explicitly
deeming the contract in compliance with competition laws, an implicit
protection from those important guardians of consumer welfare may
remain.
The parties to the contract, both public and private, all assure me
that the contract is not anticompetitive, and that the statute should
not be read to create an exemption. I would prefer to be more precise
in the statutory language, but I trust that they are correct. Senator
Cornyn and I share a concern about providing antitrust immunity to
agreements involving private parties. While I would prefer greater
clarity on this point in the bill, I am pleased that Senator Cornyn and
I agree that this is an entirely unique situation, which should not be
repeated. I understand that in the view of the Senators from Texas,
this unique situation requires a unique, if inelegant solution. I
disagree and would have preferred a solution that more clearly
preserves the antitrust laws. I have worked hard both with the affected
parties and Senator Cornyn, to craft such a solution.

The similar respect Senator Cornyn and I have for preserving
competition laws has made our conversations productive and moved the
legislative process forward. While my concerns remain about this
legislation, I am prepared to accept it. We have come a long way from
where this process started with an explicit antitrust exemption.
I expect that in the future, legislation that may have
anticompetitive effects will be referred to, and vetted by, the Senate
Judiciary Committee so that concerns over competition can be handled in
regular order and addressed early.
Mr. CORNYN. I know the Senior Senator from Vermont has genuine
concerns about the legislation. And while I do not take a position
about the creation of an antitrust exemption, implicit or otherwise,
share his view that this is a unique situation. I join him in saying
that the solution is not perfect. We do not agree on many issues, but
on some important ones--including intellectual property legislation--we
share a commitment to promoting free market principles--and the goal of
any arrangement such as this should be to maximize those principles.
The legislation contemplated here should not be a model for any
future arrangement. In no way can I imagine a situation arising with a
set of facts remotely similar to that created in Dallas by the passage
of the Wright amendment. It is entirely unique and is precisely the
reason for this legislation--legislation that moves the ball forward
considerably with respect to increasing competition in the Dallas-Fort
Worth area.
In addition, the proposed legislation reflects a Congressional
sanction for the city of Dallas to manage Love Field in a manner that
it deems in the best interests of its citizens, and in accordance with
a hard fought local compromise, a sanction made necessary only by the
existence of the Wright amendment itself. By doing so, while not
perfect by any means, I am hopeful that we will afford literally
millions of citizens in north Texas and elsewhere the enormous benefits
of enhanced airline competition that they have long been denied because
of the Wright amendment.
Mrs. HUTCHISON. Mr. President, I would like to talk a little bit
about S. 3661 because I am the sponsor of the legislation and have
worked for 12 years to try to explain the Wright amendment to every
interested party in Congress. It is so important to North Texas, to DFW
Airport, and Love Field that we have an agreement, a plan to move
forward beyond the Wright amendment in a way that is going to increase
competition immeasurably.
Most people do not realize the history of the Wright amendment. When
DFW Airport was forced on the cities of Dallas and Ft. Worth by a
Federal mandate, the cities made agreements with airlines that DFW
Airport would be the only functioning major airport in the region. It
was to be the international airport, and Love Field was to be closed.
After litigation, Love Field was allowed to be an intrastate airport.
The Wright amendment later opened Love Field to serve the contiguous
States, but that became untenable as aviation traffic continued to
grow. The Wright amendment was very confining and was not the best
competitive situation.
There have been many attempts to expand the Wright amendment. There
have also been attempts to repeal the Wright amendment. Many in
Congress asked the mayors of the two cities to come up with a local
solution, rather than have Congress once again pass legislation that
may or may not take into consideration the interests of the people who
live and work and pay taxes in the Dallas-Ft. Worth area. The mayors
did just that.
Mayor Laura Miller and Mayor Mike Moncrief, the mayors of Dallas and
Ft. Worth, did an incredible job. They came together and made an
agreement. Cities can make agreements. Under State law, cities can make
agreements and there is never an antitrust issue when cities make
agreements.
The antitrust issue was raised because two airlines became part of
the agreement. The cities brought them in because lease agreements that
were in place with those air carriers were going to have to be
compromised, they were going to have to be changed and broken.
Instead of pursuing condemnation, the parties were brought together
to

[[Page S10561]]

get a consensus of their willingness to give up some rights in order to
settle this once and for all and open competition both at Love Field
and at DFW Airport.
The cities did a great job. They made an agreement and they brought
it to Congress. I have felt since the beginning, it was Congress's
responsibility to take that agreement, ratify it and mandate that the
agreement be kept in its entirety because it is so balanced. And if you
did away with the Wright amendment, but you did not have the 20 gate
limit and the implementation of the 20 gates, it could have gone out of
balance.
So this act, regardless of anything else that has been said,
authorizes, mandates, and protects all aspects of performance of the
legislation's terms, including that the city of Dallas reduce and
allocate gates according to this act, its contractual obligations as
contemplated by the act, and the local compromise and the balance it
has achieved.
This legislation will allow the DFW Metroplex to end decades of
bitterness and infighting that have plagued the Wright amendment. It
provides a solution that all parties affected have agreed to. And just
about every party to this agreement has given something up for the good
of the North Texas economy and the traveling public.
We can now move forward to allow immediate benefits to consumers and
the traveling public because airline prices are going to go down when
this bill is passed. Actually, the bill has already passed. I am very
pleased to say it has passed the Senate. It is going to the House now.
And you will see, when the bill becomes law, that the prices of tickets
from Dallas Love Field are going to go down to every destination. That
is going to increase competition and interest in flying, which is going
to be good for everyone.
Mr. President, I have a letter that was sent to four of the ranking
members and committee chairs on September 28, 2006. It is addressed to
Senator Specter, Senator Leahy, Congressman Sensenbrenner, and
Congressman Conyers. And it is from the mayor of Dallas and the mayor
of Fort Worth. I ask unanimous consent it be printed in the Record. It
tells the history of the Wright amendment and how competition will be
increased.
There being no objection, the material was ordered to be printed in
the Record, as follows:

September 28, 2006.
Re Repeal of the Wright Amendment--S. 3661; H.R. 5830.

Hon. Arlen Specter,
Chairman, Committee on the Judiciary, U.S. Senate,
Washington, DC.
Hon. Patrick J. Leahy,
Ranking Member, Committee on the Judiciary, U.S. Senate,
Washington, DC.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary, House of
Representatives, Washington, DC.
Hon. John Conyers, Jr.,
Ranking Member, Committee on the Judiciary, House of
Representatives, Washington, DC.
Dear Senators and Representatives: We are writing in
response to letters from various detractors of the proposed
legislation to repeal the Wright Amendment. As the duly-
elected mayors and their city attorneys, and on behalf of the
citizens of Dallas and Fort Worth, we offer the following
observations for your consideration.
1. The suggestion by critics that the proposed legislation
is somehow anticompetitive and would lead to higher fares and
reduced service for consumers in the Dallas-Fort Worth area
is patently incorrect. Not surprisingly, these suggestions
are unaccompanied by any factual foundation or economic
analysis. On the contrary, the proposed Agreement would
enhance airline competition in the Dallas-Fort Worth area and
benefit consumers and airlines seeking to provide service to
the area. As we describe more fully below, independent
studies confirm that, in the short term, passage of the
proposed legislation would (1) increase the number of
passengers traveling to and from North Texas by two million
annually, (2) result in fare savings of approximately $260
million per year, and (3) produce overall economic benefits
of $2.4 billion annually.
2. The detractors of the proposed legislation wholly fail
to address the critically important considerations of
aircraft noise, air quality, traffic congestion in the
airport vicinity, and economic activity in the region. With
few exceptions, airport operations reflect tradeoffs between
economic and environmental considerations. The proposed
legislation concerning Love Field is no different. The
legislation reflects a carefully crafted balance of these
considerations by the local governments principally
responsible for managing these issues. Unlike the
observations offered by certain critics, the compromise
reflected in the proposed legislation is not confined to the
issues of airline competition only, but rather reflects an
accommodation of a full range of economic and environmental
considerations that are important to Dallas and Fort Worth.

I. The Wright Amendment Compromise Was Forged By Local Government
Leaders at the Urging of Congress

As an initial matter, it bears emphasis that a number of
Congressional leaders have long urged the cities of Dallas
and Fort Worth to work towards a local compromise to resolve
the longstanding controversies over the 1979 Wright Amendment
and its restrictions on commercial air service to and from
Dallas Love Field. Prompted by that Congressional call for
action, the mayors of Dallas and Forth Worth spearheaded
efforts to forge a compromise among local government leaders
and representatives of the Dallas-Fort Worth International
Airport Board (``DFW Board'').
The mayors and representatives of the DFW Board first
reached consensus among themselves on the propriety of a
local solution for repeal of the Wright Amendment.
Thereafter, the mayors and DFW Board persuaded Southwest
Airlines and American Airlines (as the principal tenants of
the main terminal at Love Field that would be called on to
give up property rights at Love Field) of the virtues of a
local solution, and that the solution the mayors and DFW
Board proposed likely would be favorably received by
Congress. As a consequence, Southwest and American each
decided to support the Wright Amendment compromise forged by
Dallas, Fort Worth, and the DFW Board.

II. The Wright Amendment Compromise is Good for Airline Competition and
for Consumers

After considerable study and examination, it is the view of
Dallas and Fort Worth that the Wright Amendment compromise
reflected in S. 3661 and H.R. 5830 would open the North Texas
market to considerably more competition in air
transportation.
To begin with, congressional approval of the Wright
Amendment compromise would enable Southwest and other
airlines serving Love Field immediately to begin selling
``through tickets'' for travel to and from Love Field. This
would allow Love Field customers to travel on a one-stop
basis to and from cities nationwide. By contrast, under the
terms of the Wright and Shelby Amendments, airlines flying
out of Love Field are limited to a handful of nearby states.
Detractors maintain that the proposed legislation could be
anticompetitive, perhaps resulting in higher fares on many
routes. This is conjecture unsubstantiated by any facts.
Quite to the contrary, the Agreement, if implemented, would
result in a reduction in fares and hundreds of millions of
dollars in cost savings for consumers.
Two highly respected economic consulting firms, the
Campbell-Hill Aviation Group and SH&E International Air
Transport Consultancy, recently performed an economic
analysis of the Wright Amendment compromise. Their joint
findings show that ``through ticketing'' at Love Field would
increase the number of passengers traveling to and from North
Texas by two million, produce $259 million in fare savings,
and generate $2.4 billion in overall economic benefits--all
on an annual basis.
Equally unsupported are the arguments regarding the
proposed reduction of gates at Love Field. However, these
critics fail to acknowledge that the proposed reduction of
gates at Love Field from 32 to 20 would still leave more
gates in service than the 19 or fewer gates that airlines
have utilized since the inception of the Wright Amendment.
More fundamentally, besides ignoring the economic analysis
of the Wright Amendment Compromise set forth in the Campbell-
Hill and SH&E study, these commentators also fail to
acknowledge a study commissioned by the City of Dallas, which
was prepared by DMJM Aviation and released on May 31, 2006.
The DMJM Aviation study found that if the Wright Amendment is
repealed, the optimal number of gates at Love Field would be
20 in order to prevent excessive noise, emissions, and
traffic congestion in the local community. Repeal of the
Wright Amendment, which limits long-haul service to aircraft
of 56 seats or less, would result in more large aircraft
carrying more passengers to and from Love Field. Thus, the
study concluded a 20-gate limit without the Wright Amendment
would be equivalent in noise, pollution, and congestion to
the 32 gates now found at Love Field (again, only 19 of which
are currently utilized).
Just as the prognostication of an increase in airfares is
incorrect, so, too, is the speculation that the proposed
elimination of twelve gates at Love Field would bar
potential competitors from gaining access to the market.
In truth, carriers would not be prevented from obtaining
access to Love Field in the future. As set forth in the
July 31, 2001

[[Page S10562]]

Airline Competition Plan submitted by the City of Dallas
for Love Field, ``the operational main terminal gates at
Love Field are all subject to scarce resource provisions
that, when invoked, render those gates preferential use
gates.'' Thus, the ``scarce resource'' provision allows
the City of Dallas to require incumbent airlines to share
gates that are not fully used at Love Field. This
provision is essentially the same as the procedures used
at most other major U.S. airports to accommodate new
entrant carriers.
The process for accommodating an airline seeking space
involves three stages, as outlined in the Love Field Airline
Competition Plan. First, if the City of Dallas has space
available to lease directly, it would do so. Second, in the
absence of space available for direct lease, the City of
Dallas would refer the requesting airline to parties who are
known to have gates or gate capacity available. Finally, if
neither of these approaches proves fruitful, the ``scarce
resource'' provisions of the lease permit the City of Dallas
to unilaterally require an incumbent airline to accommodate a
requesting airline in its premises. Thus, the assertion that
accommodation of new entrants resides solely within the good
graces of the incumbent airlines is false.
In fact, the City of Dallas regularly offers its support to
requesting carriers to assist in the negotiation of
reasonable sublease terms. Significantly, there have been no
cases in which an air carrier that was ready and willing to
begin or expand service to Love Field has been unable to do
so due to inability to secure reasonable access to needed
facilities.
Moreover, as previously recognized in an unsuccessful
antitrust case brought by the Department of Justice against
American, ``there are no structural barriers to entry at DFW,
which can accommodate any domestic carrier that seeks to
establish or expand service.'' United States v. AMR Corp.,
140 F. Supp. 2d 1141, 1210 (D. Kan. 2001), aff'd, 335 F. 3d
1109 (10th Cir. 2003). DFW has 15 gates that are currently
available to be leased, and many other gates that are
underutilized. In fact, DFW has one of the most aggressive
Air Service Incentive Programs in the country. A carrier that
is willing to offer new domestic air service to one of DFW's
top 50 domestic markets is eligible to receive up to six
months free landing fees, up to $100,000 in marketing
support, and an additional $50,000 in marketing support if
the carrier is new to DFW. See also United States v. AMR
Corp., 140 F. Supp. 2d at 1210.
In sum, there is ready access to both Love Field and DFW,
and the proposed Wright Amendment compromise would ensure
continued access to the marketplace by carriers seeking to
provide service. Contrary to the suggestions of others, the
economic analyses conducted to date demonstrate that the
proposed legislation would foster competition among carriers,
enable consumers to save hundreds of millions of dollars in
air fares each year, and provide a carefully-constructed and
sensible solution to a decades-old problem.
In essence, these critics apparently contend that Congress
should simply repeal the Wright Amendment, while ignoring the
other important issues resolved by the proposed legislation.
That suggestion ignores the genesis and history of this
local compromise, the practical reasons for its detailed
terms, and the substantial tangible benefits this
legislation would provide not only for the people of
Dallas-Fort Worth, but for air travelers nationwide. The
proposed legislation is the result of a local government
initiative to forge a solution to a series of pressing and
inter-related regional transportation issues. The cities
of Dallas and Fort Worth spearheaded this effort not only
to repeal the Wright Amendment and thereby improve air
competition, but simultaneously to improve the regional
transportation infrastructure serving Dallas and Fort
Worth, to stimulate to the greatest extent possible
regional economic growth, and to address community
concerns about the noise, traffic, and air pollution
associated with increased service at these airports.
Balancing these interests was an enormously difficult
endeavor, requiring years of economic and environmental
study, planning, negotiation, and compromise. After much
study and consideration, we strongly believe the result is
a compromise that is good for the region and good for air
competition. In short, these detractors simply do not
recognize the complexity of the issues or the care with
which local officials and various constituencies have
addressed these important issues.
Again, thank you for your careful continued consideration
of the proposed legislation concerning the repeal of the
Wright Amendment. We stand ready to respond to any questions
you or members of your staffs might have.
Sincerely,
Laura Miller,
Mayor, City of Dallas.
Thomas P. Perkins, Jr.,
City Attorney, City of Dallas.
Mike Moncrief,
Mayor,
David L. Yett,
City Attorney, City of Fort Worth.

Mrs. HUTCHISON. A lot of people--so many people--helped put this
agreement together and hammer out the differences and views on the
issues. We heard today that Senator Leahy has one view. Senator Cornyn
has a view. I have a view. Just about everybody in Congress who has
dealt with this issue has a view.
But I think the law we are passing speaks for itself. The law is very
clear in what it instructs the city of Dallas to do, as well as the FAA
and the Department of Transportation in implementing this agreement. I
think it is a major piece of legislation that is absolutely right.
I agree with Senator Leahy and Senator Cornyn that this is not going
to set a precedent. It is a unique situation that was brought on by a
Federal mandate and then a Federal law. And the local community has had
less input into its own aviation capabilities than maybe any other two
major cities in America with major airports. I think today we have
clarified the Wright amendment, and I do not think it is ever going to
set a precedent because no other airport has a Wright amendment.
So as we phase it out gradually, in an orderly way, to protect the
integrity of the DFW Airport, as well as increasing competition in both
DFW and Love Field, this is, for the taxpayers and the consumers and
the traveling public, a win all the way around.
I want to thank a few people because no one could have passed this
bill alone. It took so much cooperation and so many things that were
necessary to bring everyone together.
I thank Senator Stevens and Senator Inouye, the chairman and ranking
member of the committee of jurisdiction, the Commerce Committee. I
could not have asked for more help. The bill passed out of the Commerce
Committee 21 to 1. Senator Rockefeller was the only one who voted no,
but he could not have been more accommodating and honorable in his
objection. Once we passed the bill out of committee, we worked with him
to make sure he was a part of everything we did. He has been wonderful
to work with.
I thank Senator Specter and Senator Leahy, who had concerns on the
Judiciary Committee. I thank Senator Burns, Senator Frist, Senator
Reid, Senator Ensign, Senator McCain, former Speaker Jim Wright, who
also agrees the time has come to have an orderly repeal of the
amendment that he put in place, and, of course, Senator Cornyn. I also
want to say Senator Sununu was just a gentleman in these last couple of
days to help us in the ultimate solution of this bill.
I want to say that staff people, who are pro-progress, who have
innovation, and are willing to work so hard--which staff people in this
Senate do on such a routine basis--I am so appreciative and so
respectful of them. I want to mention a couple because without them we
would never have gotten this done.
I thank Lisa Sutherland, Christine Kurth, Ken Nahagian, Sam
Whitehorn, Jarrod Thompson, Gael Sullivan, and James Reid on the
Commerce Committee. Every one of them had an immense impact on this
legislation. I thank Harold Kim, Joe Jacquot, and Ivy Johnson, from
Senator Specter's staff; J.P. Dowd, Susan Davies, and Ed Pagano from
Senator Leahy's staff;--all who were incredible and so helpful.
I want to take a moment to say that Senator Durbin and Senator
Schumer also helped in many of the negotiations on this issue. Senator
Lott was there from the very beginning.
But I also want to take a moment of personal privilege about my
staff. I have never seen such dedication on such a tough issue as James
Christoferson, Matthew Acock, Lindsey Dickinson, Dick Ribbentrop, and
Marc Short made in contributing to this victory for my constituents in
Texas. These five people worked on this bill, this negotiation, on a
daily basis for the last 6 months. There was never a day when we did
not have some item that we were trying to move forward to get this bill
to the point that we could pass it on the Senate floor. I think the
people of Texas owe a great deal of gratitude to these dedicated
members of my staff for never giving up, even when it was bleak from
time to time, and being as dedicated as I was to making sure the right
result for all parties to this agreement became a part of the solution.
When you work on something for so long, and you know how important it
is, and how many people are counting on you, you just feel honorbound
to do your best to make sure the people who have worked hard are
rewarded. When Mayor Miller and Mayor Moncrief

[[Page S10563]]

made this agreement, and when they got the support they needed from the
DFW Airport, from American Airlines, and from Southwest Airlines--
because their rights were affected--everybody gave a little in order to
do good for the populace.
I know in the coming years the traveling public in the North Texas
area--in and out--are going to see the benefits of a great competitive
atmosphere. The DFW Airport gives the greatest service. They are the
mid-country airport that really is the stopping off point for so many
travelers going to the rest of the world. That is going to increase,
and it is going to increase with lower fares and more convenience. It
is going to be more convenient even with the safety antiterrorism
measures that are being taken, which we know can inconvenience the
traveling public.
DFW Airport is going to be the long-haul service carrier that will be
the window to the world for people who live in the middle part of our
country. Love Field is going to be a dynamic, limited-use airport
because it sits right in the middle of an area that is full of
wonderful neighborhoods, schools, churches, and businesses. The right
of the city of Dallas to protect the citizens who live in the area is
well recognized in the law, and they are invoking it. The city is doing
a great job of making sure we have more competition and better fares.
Love Field, while a dynamic airport sitting in the middle of a
neighborhood, also deserves the safety and the environmental
protections of all of our citizens.
So, Mr. President, I thank you for the time. I am very pleased this
bill has passed. I look forward to seeing the benefits.
I yield the floor.
The PRESIDING OFFICER (Mr. Thune). Under the previous order, the
Senator from Oklahoma is recognized for 15 minutes.
Mr. COBURN. Mr. President, hopefully, I will not take all that time.
I think the American people need to pay attention to what we have just
done. The Energy bill, which was actually 41 bills wrapped into one,
that we agreed to through unanimous consent, is going to cost the
American taxpayer $1.5 billion.
The real question is, in light of where we find ourselves--fighting
the war, trying to help the people in Louisiana, Mississippi, and
Alabama, and running in excess of a $300 billion real deficit this
year--should we be spending money on these priorities? A real problem
in Washington is getting Congress to make tough decisions about what is
a priority.
I will spend a few minutes outlining what is in the bill because the
American people have no idea what was in the bill. The first thing is
$500,000 to study lighthouses in Michigan for tourism. Tourism is
already a $16 billion industry in Michigan. There is nothing in the
Constitution that would say that is a Federal responsibility. We will
do it anyway.
Indiana Dunes Visitor Center, $1.2 million to establish a building,
construct a theater and a bookstore. Is that a priority right now when
we are spending our grandkids' money? We are going to build a bookstore
and create a visitor center now when we cannot even pay for the war
that we are fighting and we are charging that to our children?
There are new national heritage designations. We have a backlog of
over $4 billion in repairs to the National Parks we have today. We
cannot even take care of the parks we have today, and we are going to
create 10 new national heritage centers, spending over $100 million to
do so.
This bothers me on several fronts. Most important, it isn't a
priority. It isn't something we ought to be spending money on right
now. We are getting ready to do it. We already have 30 national
heritage centers. We are going to delete the resources that are going
to those by adding 10 more.
Finally, the problem with national heritage areas is they undermine
property rights because the money is used to change zoning laws to back
the people who have property rights around the national heritages. We
are using Federal dollars to create national heritage areas that will
undermine individual property rights. That is wrong.
The other thing that is in this bill is a study to assess creating
four more national heritages.
The process is broken under which we bring bills such as this to the
Senate, at a time when we cannot afford to pay what we are doing today.
We spent a ton of our time on appropriations. After what I was told
through all this process, after having written a letter raising
objections, meeting with the committee, meeting with our leadership, we
had a leadership meeting this week which basically said: If you don't
let all of these packages of spending of low priority and no priority
go through, the Senate will come to a standstill and we will see
everything else blocked by the minority.
I believe we ought to be making choices about the right priorities
for our country. It is not that heritage areas are wrong. It is that we
cannot afford them. We are going to spend money on things we cannot
afford and borrow the money from our children and our grandchildren to
pay for things that we have to do.
It is cheating our children and our grandchildren. It also is beneath
the dignity of this Senate.
This process has to be fixed. We cannot continue to authorize,
authorize, and authorize more spending without doing the hard work,
looking at what we have authorized that is not working, is inefficient,
or is duplicated. But we continue to do it, and I will continue to
stand up for the next 4 years and raise this issue every time.
This is not a Democratic or Republican issue. This is an American
issue that this Senate does not want to address. We seem to be blinded
by the fact that we can just spend and authorize all the money we want
and to have no impact. We do not authorize unless we expect it to get
spent.
With this bill, through the chairman working with us, he agreed to
deauthorize over $150 million. That is a start. But other bills that
come to the Senate that have new spending in the future ought to meet a
test; that is, have we looked at everything else in that area? Is it
working well? Are we spending the money wisely? Are we spending it
efficiently? Are there programs that are not working that we ought to
deauthorize so we can afford to authorize this as a better priority?
We are not doing that in this country. That is something the American
people deserve to have done rather than to hang our children and
grandchildren out to dry with debt.
This year, 8 percent of our budget is for interest. In 2035, 29 years
from now, 25 percent of our budget is going to be interest. That is $1
trillion. We spent $200 billion this year on interest because we will
not be frugal with the American taxpayers' money. There is over $200
billion worth of fraud, waste, and abuse in the Government programs we
have today, and we will not go and fix it. Instead, we will spend
another $1.5 million because that is easy to do. It sounds good at
home, but we will not do what is necessary to secure the financial
future of this country.
The notice I am placing today is there is a precedent established
with this bill. If you want to authorize new programs and you want this
Senator not to object or to debate them on the floor, there better be
deauthorizations of programs of that committee's jurisdiction before
they can expect my vote on a unanimous consent agreement to spend into
the future and to undermine the future of the next generation of
Americans.
I yield the floor.
The PRESIDING OFFICER. Under the previous order, the Senator from
Georgia is recognized for 10 minutes.

____________________