Congressional Record, Volume 153 Issue 162 (Wednesday, October 24, 2007)

[Congressional Record Volume 153, Number 162 (Wednesday, October 24, 2007)]
[House]
[Pages H11940-H11965]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CELEBRATING AMERICA'S HERITAGE ACT

Mr. RAHALL. Mr. Speaker, pursuant to House Resolution 765, I call up
the bill (H.R. 1483) to amend the Omnibus Parks and Public Lands
Management Act of 1996 to extend the authorization for certain national
heritage areas, and for other purposes, and ask for its immediate
consideration.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 1483

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

SECTION 1. EXTENSIONS AND TECHNICAL CHANGES.

(a) In General.--Division II of the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333; 16
U.S.C. 461 note) is amended--
(1) in each of sections 107, 208, 310, 408, 507, 607, 707,
811, and 910, by striking ``September 30, 2012'' and
inserting ``September 30, 2027''; and
(2) in each of sections 108(a), 209(a), 311(a), 409(a),
508(a), 608(a), 708(a), 812(a), and 909(c), by striking
``$10,000,000'' and inserting ``$20,000,000''.
(b) Ohio & Erie National Heritage Canalway.--Title VIII of
Division II of the Omnibus Parks and Public Lands Management
Act of 1996 (Public Law 104-333; 110 Stat. 4267, 114 Stat.
31) is amended--
(1) by striking ``Canal National Heritage Corridor'' each
place it appears and inserting ``National Heritage
Canalway'';
(2) in section 803--
(A) by striking paragraph paragraph (2);
(B) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (2), (3), (4), (5), and (6), respectively;
(C) in paragraph (2) (as redesignated by subparagraph (B)),
by striking ``808'' and inserting ``806''; and
(D) in paragraph (6) (as redesignated by subparagraph (B)),
by striking ``807(a)'' and inserting ``805(a)'';
(3) in the second sentence of section 804(b)(1), by
striking ``808'' and inserting ``806'';
(4) by striking sections 805 and 806;
(5) by redesignating sections 807, 808, 809, 810, 811, and
812 as sections 805, 806, 807, 808, 809, and 810,
respectively;
(6) in section 805(c)(2) (as redesignated by paragraph
(5)), by striking ``808'' and inserting ``806'';
(7) in section 806 (as redesignated by paragraph (5))--
(A) in subsection (a)(1), by striking ``Committee'' and
inserting ``Secretary'';
(B) in subsection (a)(3)--
(i) in subparagraph (A), by striking ``from the
Committee''; and
(ii) in the first sentence of subparagraph (B), by striking
``Committee'' and inserting ``management entity'';
(C) in subsection (e), by striking ``807(d)(1)'' and
inserting ``805(d)(1)''; and
(D) in subsection (f), by striking ``807(d)(1)'' and
inserting ``805(d)(1)'';
(8) in section 808 (as redesignated by paragraph (5))--
(A) in subsection (b), by striking ``Committee or''; and
(B) in subsection (c) in the matter before paragraph (1),
by striking ``Committee'' and inserting ``management
entity''.
(c) 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''.
(3) In section 105--
(A) by striking ``paragraphs (2) and (5) of''; and
(B) by adding at the end the following: ``Resources within
Lincoln County, West Virginia, and Paint Creek and Cabin
Creek within Kanawha County, West Virginia, shall also be
eligible for assistance as determined by the National Coal
Heritage Area Authority.''.
(4) In section 106--
(A) by striking ``Governor'' and all that follows through
``and Parks'' and inserting ``National Coal Heritage Area
Authority''; and
(B) in subsection (a)(3), by striking ``State of West
Virginia'' and all that follows through ``entities'' and
inserting ``National Coal Heritage Area Authority''.
(d) Continuation of Agreement.--The contractual agreement
entered into by the Secretary of the Interior and the
Governor of West Virginia prior to the date of enactment of
this Act pursuant to section 104 of title I of Division II of
the Omnibus Parks and Public Lands Management Act of 1996
shall be deemed as continuing in effect except that such
agreement shall be between the Secretary and the National
Coal Heritage Area Authority.
(e) South Carolina Heritage Area Amendment.--Section
604(b)(2) of title VI of Division II of the Omnibus Parks and
Public Lands Management Act of 1996 is amended by adding at
the end the following new subparagraph:
``(O) Berkeley County.''.

The SPEAKER pro tempore (Mr. Pastor). Pursuant to House Resolution
765, the amendment in the nature of a substitute printed in the bill,
modified by the amendment printed in House Report 110-405, is adopted,
and the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:

H.R. 1483

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Celebrating America's
Heritage Act''.

SEC. 2. TABLE OF CONTENTS.

The table of contents is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I--AUTHORIZATION EXTENSIONS AND VIABILITY STUDIES

Sec. 1001. Extensions of authorized appropriations.
Sec. 1002. Evaluation and report.

TITLE II--ESTABLISHMENT OF NATIONAL HERITAGE AREAS

Subtitle A--Journey Through Hallowed Ground National Heritage Area

Sec. 2001. Short title; table of contents.
Sec. 2002. Purposes.
Sec. 2003. Definitions.
Sec. 2004. Designation of the Journey Through Hallowed Ground National
Heritage Area.
Sec. 2005. Management plan.
Sec. 2006. Evaluation; report.
Sec. 2007. Local coordinating entity.
Sec. 2008. Relationship to other Federal agencies.
Sec. 2009. Private property and regulatory protections.
Sec. 2010. Authorization of appropriations.
Sec. 2011. Use of Federal funds from other sources.
Sec. 2012. Sunset for grants and other assistance.

Subtitle B--Niagara Falls National Heritage Area

Sec. 2021. Short title; table of contents.
Sec. 2022. Purposes.
Sec. 2023. Definitions.
Sec. 2024. Designation of the Niagara Falls National Heritage Area.
Sec. 2025. Management plan.
Sec. 2026. Evaluation; report.
Sec. 2027. Local coordinating entity.
Sec. 2028. Niagara Falls Heritage Area Commission.
Sec. 2029. Relationship to other Federal agencies.
Sec. 2030. Private property and regulatory protections.
Sec. 2031. Authorization of appropriations.
Sec. 2032. Use of Federal funds from other sources.
Sec. 2033. Sunset for grants and other assistance.

Subtitle C--Muscle Shoals National Heritage Area

Sec. 2041. Short title; table of contents.
Sec. 2042. Purposes.
Sec. 2043. Definitions.
Sec. 2044. Designation of Muscle Shoals National Heritage Area.
Sec. 2045. Management plan.
Sec. 2046. Evaluation; report.
Sec. 2047. Local coordinating entity.
Sec. 2048. Relationship to other Federal agencies.
Sec. 2049. Private property and regulatory protections.
Sec. 2050. Authorization of appropriations.
Sec. 2051. Use of Federal funds from other sources.
Sec. 2052. Sunset for grants and other assistance.

Subtitle D--Freedom's Way National Heritage Area

Sec. 2061. Short title; table of contents.
Sec. 2062. Purposes.
Sec. 2063. Definitions.
Sec. 2064. Designation of Freedom's Way National Heritage Area.
Sec. 2065. Management plan.
Sec. 2066. Evaluation; report.
Sec. 2067. Local coordinating entity.
Sec. 2068. Relationship to other Federal agencies.
Sec. 2069. Private property and regulatory protections.
Sec. 2070. Authorization of appropriations.
Sec. 2071. Use of Federal funds from other sources.

[[Page H11941]]

Sec. 2072. Sunset for grants and other assistance.

Subtitle E--Abraham Lincoln National Heritage Area

Sec. 2081. Short title; table of contents.
Sec. 2082. Purposes.
Sec. 2083. Definitions.
Sec. 2084. Designation of Abraham Lincoln National Heritage Area.
Sec. 2085. Management plan.
Sec. 2086. Evaluation; report.
Sec. 2087. Local coordinating entity.
Sec. 2088. Relationship to other Federal agencies.
Sec. 2089. Private property and regulatory protections.
Sec. 2090. Authorization of appropriations.
Sec. 2091. Use of Federal funds from other sources.
Sec. 2092. Sunset for grants and other assistance.

Subtitle F--Santa Cruz Valley National Heritage Area

Sec. 2111. Short title; table of contents.
Sec. 2112. Purposes.
Sec. 2113. Definitions.
Sec. 2114. Designation of Santa Cruz Valley National Heritage Area.
Sec. 2115. Management plan.
Sec. 2116. Evaluation; report.
Sec. 2117. Local coordinating entity.
Sec. 2118. Relationship to other Federal agencies.
Sec. 2119. Private property and regulatory protections.
Sec. 2120. Authorization of appropriations.
Sec. 2121. Use of Federal funds from other sources.
Sec. 2122. Sunset for grants and other assistance.

TITLE III--STUDY

Sec. 3001. Study and report of proposed Northern Neck National Heritage
Area.

TITLE IV--TECHNICAL CORRECTIONS AND ADDITIONS

Sec. 4001. National Coal Heritage Area technical corrections.
Sec. 4002. Rivers of steel national heritage area addition.
Sec. 4003. South Carolina National Heritage Corridor addition.
Sec. 4004. Ohio and Erie Canal National Heritage Corridor technical
corrections.
Sec. 4005. New Jersey Coastal Heritage trail route extension of
authorization.
Sec. 4006. Erie Canalway National Heritage Corridor technical
corrections.

TITLE V--SENSE OF CONGRESS REGARDING FUNDING

Sec. 5001. Sense of Congress Regarding Funding.

TITLE I--AUTHORIZATION EXTENSIONS AND VIABILITY STUDIES

SEC. 1001. EXTENSIONS OF AUTHORIZED APPROPRIATIONS.

Division II of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333; 16 U.S.C. 461
note) is amended in each of sections 108(a), 209(a), 311(a),
409(a), 508(a), 608(a), 708(a), 810(a) (as redesignated by
this Act), and 909(c), by striking ``$10,000,000'' and
inserting ``$15,000,000''.

SEC. 1002. EVALUATION AND REPORT.

(a) In General.--For the nine National Heritage Areas
authorized in Division II of the Omnibus Parks and Public
Lands Management Act of 1996, not later than 3 years before
the date on which authority for Federal funding terminates
for each National Heritage Area, the Secretary shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local management entity with
respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the investments of Federal, State, Tribal, and
local government and private entities in each National
Heritage Area to determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the Senate. The report shall include
recommendations for the future role of the National Park
Service, if any, with respect to the National Heritage Area.

TITLE II--ESTABLISHMENT OF NATIONAL HERITAGE AREAS

Subtitle A--Journey Through Hallowed Ground National Heritage Area

SEC. 2001. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This subtitle may be cited as the
``Journey Through Hallowed Ground National Heritage Area
Act''.
(b) Table of Contents.--The table of contents of this
subtitle is as follows:

SEC. 2002. PURPOSES.

(a) The purposes of this subtitle include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the study
entitled ``The Journey Through Hallowed Ground National
Heritage Area Feasibility Study'' dated September 2006;
(2) to preserve, support, conserve, and interpret the
legacy of the American history created along the National
Heritage Area;
(3) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(4) to recognize and interpret important events and
geographic locations representing key developments in the
creation of America, including Native American, Colonial
American, European American, and African American heritage;
(5) to recognize and interpret the effect of the Civil War
on the civilian population of the National Heritage Area
during the war and post-war reconstruction period;
(6) to enhance a cooperative management framework to assist
the Commonwealth of Virginia, the State of Maryland, the
Commonwealth of Pennsylvania, the State of West Virginia, and
their units of local government, the private sector, and
citizens residing in the National Heritage Area in
conserving, supporting, enhancing, and interpreting the
significant historic, cultural and recreational sites in the
National Heritage Area; and
(7) to provide appropriate linkages among units of the
National Park System within and surrounding the National
Heritage Area, to protect, enhance, and interpret resources
outside of park boundaries.

SEC. 2003. DEFINITIONS.

In this subtitle--
(1) National heritage area.--The term ``National Heritage
Area'' means the Journey Through Hallowed Ground National
Heritage Area established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Journey Through Hallowed
Ground Partnership, a Virginia non-profit, which is hereby
designated by Congress--
(A) to develop, in partnership with others, the management
plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of projects
and programs among diverse partners in the National Heritage
Area.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet
the goals of the National Heritage Area, in accordance with
this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 2004. DESIGNATION OF THE JOURNEY THROUGH HALLOWED GROUND
NATIONAL HERITAGE AREA.

(a) Establishment.--There is hereby established the Journey
Through Hallowed Ground National Heritage Area.
(b) Boundaries.--
(1) In general.--The Heritage Area shall consist of the
175-mile region generally following the Route 15 corridor and
surrounding areas from Adams County, Pennsylvania, through
Frederick County, Maryland, including the Heart of the Civil
War Maryland State Heritage Area, looping through Brunswick,
Maryland, to Harpers Ferry, West Virginia, back through
Loudoun County, Virginia, to the Route 15 corridor and
surrounding areas encompassing portions of Loudoun and Prince
William Counties, Virginia, then Fauquier County, Virginia,
portions of Spotsylvania and Madison Counties, Virginia, and
Culpepper, Rappahannock, Orange, and Albemarle Counties,
Virginia.
(2) Map.--The boundaries of the National Heritage Area
shall include all of those lands and interests as generally
depicted on the map titled ``Journey Through Hallowed Ground
National Heritage Area'', numbered P90/80,000, and dated
October 2006. The map shall be on file and available to the
public in the appropriate offices of the National Park
Service and the local coordinating entity.

SEC. 2005. MANAGEMENT PLAN.

[[Page H11942]]

(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental
and interagency agreements to protect, enhance, interpret,
fund, manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the
National Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(C) specific commitments for implementation that have been
made by the local coordinating entity or any Federal, State,
Tribal or local government agency, organization, business, or
individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
National Heritage Area) to further the purposes of this
subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the
management plan after designation as a National Heritage
Area, the local coordinating entity shall submit the
management plan to the Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until
such time as the management plan is submitted to and approved
by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove
the management plan for a National Heritage Area on the basis
of the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural, and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for public and
Federal, State, Tribal, and local governmental involvement
(including through workshops and hearings) in the preparation
of the management plan; and
(ii) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(C) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately
protect, enhance, interpret, fund, manage, and develop the
natural, historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(F) the Secretary has received adequate assurances from the
appropriate State, Tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, Tribal, and local elements of the management plan; and
(G) the management plan demonstrates partnerships among the
local coordinating entity, Federal, State, Tribal, and local
governments, regional planning organizations, nonprofit
organizations, or private sector parties for implementation
of the management plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(ii) may make recommendations to the local coordinating
entity for revisions to the management plan.
(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage
Area shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to
implement an amendment to the management plan until the
Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.

SEC. 2006. EVALUATION; REPORT.

(a) In General.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
National Heritage Area under this subtitle, the Secretary
shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, local, and private
investments in the National Heritage Area to determine the
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate. The report shall
include recommendations for the future role of the National
Park Service, if any, with respect to the National Heritage
Area.

SEC. 2007. LOCAL COORDINATING ENTITY.

(a) Duties.--To further the purposes of the National
Heritage Area, the Journey Through Hallowed Ground
Partnership, as the local coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this subtitle, all information pertaining to the expenditure
of the funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and
implementing the approved management plan for the National
Heritage Area, the local coordinating entity may use Federal
funds made available under this subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and
are consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized
under this subtitle to acquire any interest in real property.

SEC. 2008. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

(a) In General.--Nothing in this subtitle affects the
authority of a Federal agency to provide technical or
financial assistance under any other law.
(b) Consultation and Coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on a National Heritage Area is encouraged to consult and
coordinate the activities with the Secretary and the local
coordinating entity to the maximum extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
a National Heritage Area; or

[[Page H11943]]

(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.

SEC. 2009. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local
agencies) to the property of the property owner, or to modify
public access or use of property of the property owner under
any other Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority (such as the
authority to make safety improvements or increase the
capacity of existing roads or to construct new roads) of any
Federal, State, Tribal, or local agency, or conveys any land
use or other regulatory authority to any local coordinating
entity, including but not necessarily limited to development
and management of energy or water or water-related
infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.

SEC. 2010. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations.--Subject to subsection
(b), there are authorized to be appropriated to carry out
this subtitle not more than $1,000,000 for any fiscal year.
Funds so appropriated shall remain available until expended.
(b) Limitation on Total Amounts Appropriated.--Not more
than $15,000,000 may be appropriated to carry out this
subtitle.
(c) Cost-Sharing Requirement.--The Federal share of the
total cost of any activity under this subtitle shall be not
more than 50 percent; the non-Federal contribution may be in
the form of in-kind contributions of goods or services fairly
valued.

SEC. 2011. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this subtitle shall preclude the local
coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were
authorized.

SEC. 2012. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

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

Subtitle B--Niagara Falls National Heritage Area

SEC. 2021. SHORT TITLE; TABLE OF CONTENTS.

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

SEC. 2022. PURPOSES.

(a) The purposes of this subtitle include--
(1) to recognize the national importance of the natural and
cultural legacies of the area, as demonstrated in the
National Park Service study report entitled ``Niagara
National Heritage Area Study'' dated 2005;
(2) to preserve, support, conserve, and interpret the
natural, scenic, cultural, and historic resources within the
National Heritage Area;
(3) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(4) to recognize and interpret important events and
geographic locations representing key developments in
American history and culture, including Native American,
Colonial American, European American, and African American
heritage;
(5) to enhance a cooperative management framework to assist
State, local, and Tribal governments, the private sector, and
citizens residing in the National Heritage Area in
conserving, supporting, enhancing, and interpreting the
significant historic, cultural, and recreational sites in the
National Heritage Area;
(6) to conserve and interpret the history of the
development of hydroelectric power in the United States and
its role in developing the American economy; and
(7) to provide appropriate linkages among units of the
National Park System within and surrounding the National
Heritage Area, to protect, enhance, and interpret resources
outside of park boundaries.

SEC. 2023. DEFINITIONS.

In this subtitle--
(1) National heritage area.--The term ``National Heritage
Area'' means the Niagara Falls National Heritage Area
established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the National Heritage Area designated pursuant to this
subtitle.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet
the goals of the National Heritage Area, in accordance with
this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Commission.--The term ``Commission'' means the Niagara
Falls National Heritage Area Commission established under
this subtitle.
(6) Governor.--The term ``Governor'' means the Governor of
the State of New York.

SEC. 2024. DESIGNATION OF THE NIAGARA FALLS NATIONAL HERITAGE
AREA.

(a) Establishment.--There is hereby established the Niagara
Falls National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist
of the area from the western boundary of the town of
Wheatfield, New York, extending to the mouth of the Niagara
River on Lake Ontario, including the city of Niagara Falls,
New York, the villages of Youngstown and Lewiston, New York,
land and water within the boundaries of the Heritage Area in
Niagara County, New York, and any additional thematically
related sites within Erie and Niagara Counties, New York,
that are identified in the management plan developed under
this subtitle.
(2) Map.--The boundaries of the National Heritage Area
shall be as generally depicted on the map titled ``Niagara
Falls National Heritage Area,'' and numbered P76/80,000 and
dated July, 2006. The map shall be on file and available to
the public in the appropriate offices of the National Park
Service and the local coordinating entity.

SEC. 2025. MANAGEMENT PLAN.

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a National Heritage Area on the basis of the criteria
established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for public and
Federal, State, Tribal, and local governmental involvement
(including through workshops and hearings) in the preparation
of the management plan; and
(ii) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(C) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately
protect, enhance, interpret, fund, manage, and develop the
natural, historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(F) the Secretary has received adequate assurances from the
appropriate State, Tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, Tribal, and local elements of the management plan; and
(G) the management plan demonstrates partnerships among the
local coordinating entity, Federal, State, Tribal, and local
governments, regional planning organizations, nonprofit
organizations, or private sector parties for implementation
of the management plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(ii) may make recommendations to the local coordinating
entity for revisions to the management plan.
(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage
Area shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to
implement an amendment to the management plan until the
Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle

SEC. 2026. EVALUATION; REPORT.

(a) In General.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
National Heritage Area under this subtitle the Secretary
shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to
determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate. The report shall
include recommendations for the future role of the National
Park Service, if any, with respect to the National Heritage
Area.

SEC. 2027. LOCAL COORDINATING ENTITY.

(a) Designation.--The local coordinating entity for the
Heritage Area shall be--
(1) for the 5-year period beginning on the date of
enactment of this subtitle, the Commission; and
(2) on expiration of the 5-year period described in
subparagraph (1), a private nonprofit or governmental
organization designated by the Commission.
(b) Duties.--To further the purposes of the National
Heritage Area, the local coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this subtitle, all information pertaining to the expenditure
of the funds and any matching funds;
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area;
and
(5) coordinate projects, activities, and programs with the
Erie Canalway National Heritage Corridor.
(c) Authorities.--For the purposes of preparing and
implementing the approved management plan for the National
Heritage Area, the local coordinating entity may use Federal
funds made available under this subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and
are consistent with the approved management plan.
(d) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized
under this subtitle to acquire any interest in real property.

SEC. 2028. NIAGARA FALLS HERITAGE AREA COMMISSION.

(a) Establishment.--There is established within the
Department of the Interior the Niagara Falls National
Heritage Area Commission.
(b) Membership.--The Commission shall be composed of 17
members, of whom--
(1) 1 member shall be the Director of the National Park
Service (or a designee);
(2) 5 members shall be appointed by the Secretary, after
consideration of the recommendation of the Governor, from
among individuals with knowledge and experience of--
(A) the New York State Office of Parks, Recreation and
Historic Preservation, the Niagara River Greenway Commission,
the New York Power Authority, the USA Niagara Development
Corporation, and the Niagara Tourism and Convention
Corporation; or
(B) any successors of the agencies described in
subparagraph (A);
(3) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of Niagara
Falls, New York;
(4) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of the
village of Youngstown, New York;
(5) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the mayor of the
village of Lewiston, New York;
(6) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the Tuscarora Nation;
(7) 1 member shall be appointed by the Secretary, after
consideration of the recommendation of the Seneca Nation of
Indians; and
(8) 6 members shall be individuals who have an interest in,
support for, and expertise appropriate to tourism, regional
planning, history and historic preservation, cultural or
natural resource management, conservation, recreation, and
education, or museum services, of whom--
(A) 4 members shall be appointed by the Secretary, after
consideration of the recommendation of the 2 members of the
Senate from the State; and
(B) 2 members shall be appointed by the Secretary, after
consideration of the recommendation of the Member of the
House of Representatives whose district encompasses the
National Heritage Area.
(c) Terms; Vacancies.--
(1) Term.--A member of the Commission shall be appointed
for a term not to exceed 5 years.
(2) Vacancies.--
(A) Partial term.--A member appointed to fill a vacancy on
the Commission shall serve for the remainder of the term for
which the predecessor of the member was appointed.
(B) In general.--A vacancy on the Commission shall be
filled in the same manner as the original appointment was
made.
(d) Chairperson and Vice Chairperson.--
(1) Selection.--The Commission shall select a Chairperson
and Vice Chairperson from among the members of the
Commission.
(2) Vice chairperson.--The Vice Chairperson shall serve as
the Chairperson in the absence of the Chairperson.
(e) Quorum.--

[[Page H11945]]

(1) In general.--A majority of the members of the
Commission shall constitute a quorum.
(2) Transaction.--For the transaction of any business or
the exercise of any power of the Commission, the Commission
shall have the power to act by a majority vote of the members
present at any meeting at which a quorum is in attendance.
(f) Meetings.--
(1) In general.--The Commission shall meet at least
quarterly at the call of--
(A) the Chairperson; or
(B) a majority of the members of the Commission.
(2) Notice.--Notice of Commission meetings and agendas for
the meetings shall be published in local newspapers that are
distributed throughout the National Heritage Area.
(3) Applicable law.--Meetings of the Commission shall be
subject to section 552b of title 5, United States Code.
(g) Authorities of the Commission.--In addition to the
authorities otherwise granted in this subtitle, the
Commission may--
(1) request and accept from the head of any Federal agency,
on a reimbursable or non-reimbursable basis, any personnel of
the Federal agency to the Commission to assist in carrying
out the duties of the Commission;
(2) request and accept from the head of any State agency or
any agency of a political subdivision of the State, on a
reimbursable or nonreimbursable basis, any personnel of the
agency to the Commission to assist in carrying out the duties
of the Commission;
(3) seek, accept, and dispose of gifts, bequests, grants,
or donations of money, personal property, or services; and
(4) use the United States mails in the same manner as other
agencies of the Federal Government.
(h) Duties of the Commission.--To further the purposes of
the National Heritage Area, in addition to the duties
otherwise listed in this subtitle, the Commission shall
assist in the transition of the management of the National
Heritage Area from the Commission to the local coordinating
entity designated under this subtitle.
(i) Compensation of Members.--
(1) In general.--A member of the Commission shall serve
without compensation.
(2) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
(j) Gifts.--For purposes of section 170(c) of the Internal
Revenue Code of 1986, any gift or charitable contribution to
the Commission shall be considered to be a charitable
contribution or gift to the United States.
(k) Use of Federal Funds.--Except as provided for the
leasing of administrative facilities under subsection (g)(1),
the Commission may not use Federal funds made available to
the Commission under this subtitle to acquire any real
property or interest in real property.

SEC. 2029. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

SEC. 2030. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local
agencies) to the property of the property owner, or to modify
public access or use of property of the property owner under
any other Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.

SEC. 2031. AUTHORIZATION OF APPROPRIATIONS.

SEC. 2032. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this subtitle shall preclude the local
coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were
authorized.

SEC. 2033. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

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

Subtitle C--Muscle Shoals National Heritage Area

SEC. 2041. SHORT TITLE; TABLE OF CONTENTS.

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

SEC. 2042. PURPOSES.

The purposes of this subtitle include--
(1) to preserve, support conserve and interpret the legacy
of the region represented by the National Heritage Area as
described in the feasibility study prepared by the National
Park Service;
(2) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(3) to recognize and interpret important events and
geographic locations representing key developments in the
growth of America, including Native American, Colonial
American, European American, and African American heritage;
(4) to recognize and interpret how the distinctive
geography of the region shaped the development of settlement,
defense, transportation, commerce, and culture there;
(5) to provide a cooperative management framework to foster
a close working relationship with all levels of government,
the private sector, and the local communities in the region
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; and
(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the National Heritage Area.

SEC. 2043. DEFINITIONS.

In this subtitle:
(1) National heritage area.--The term ``National Heritage
Area'' means the Muscle Shoals National Heritage Area
established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Muscle Shoals Regional
Center, which is hereby designated by Congress--
(A) to develop, in partnership with others, the management
plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of projects
and programs among diverse partners in the National Heritage
Area.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet
the goals of the National Heritage Area, in accordance with
this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 2044. DESIGNATION OF MUSCLE SHOALS NATIONAL HERITAGE
AREA.

(a) Establishment.--There is hereby established the Muscle
Shoals National Heritage Area in the State of Alabama.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall be
comprised of the counties of Colbert, Franklin, Lauderdale,
Lawrence, Limestone, and Morgan; including the Wilson Dam;
the Handy Home; and the Helen Keller birthplace.
(2) Map.--The boundary of the National Heritage Area shall
be as generally depicted on the map titled ``Muscle Shoals
National Heritage Area'', numbered T08/80,000, and dated
October 2007. The map shall be on file and available to the
public in the appropriate offices of the National Park
Service and the local coordinating entity.

SEC. 2045. MANAGEMENT PLAN.

(a) Requirements.--The management plan for the National
Heritage Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the

[[Page H11946]]

story of the heritage of the area covered by the National
Heritage Area and encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the National Heritage Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the National Heritage
Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental
and interagency agreements to protect, enhance, interpret,
fund, manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the
National Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(C) specific commitments for implementation that have been
made by the local coordinating entity or any Federal, State,
Tribal, or local government agency, organization, business,
or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
National Heritage Area) to further the purposes of this
subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the
management plan after designation as a National Heritage
Area, the local coordinating entity shall submit the
management plan to the Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until
such time as the management plan is submitted to and approved
by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove
the management plan for a National Heritage Area on the basis
of the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural, and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for public and
Federal, State, Tribal, and local governmental involvement
(including through workshops and hearings) in the preparation
of the management plan; and
(ii) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(C) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately
protect, enhance, interpret, fund, manage, and develop the
natural, historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(F) the Secretary has received adequate assurances from the
appropriate State, Tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, Tribal, and local elements of the management plan; and
(G) the management plan demonstrates partnerships among the
local coordinating entity, Federal, State, Tribal, and local
governments, regional planning organizations, nonprofit
organizations, or private sector parties for implementation
of the management plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(ii) may make recommendations to the local coordinating
entity for revisions to the management plan.
(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage
Area shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to
implement an amendment to the management plan until the
Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.

SEC. 2046. EVALUATION; REPORT.

(a) In General.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
National Heritage Area under this subtitle, the Secretary
shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to
determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate. The report shall
include recommendations for the future role of the National
Park Service, if any, with respect to the National Heritage
Area.

SEC. 2047. LOCAL COORDINATING ENTITY.

(a) Duties.--To further the purposes of the National
Heritage Area, the Muscle Shoals Regional Center, as the
local coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this subtitle, all information pertaining to the expenditure
of the funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and
implementing the approved management plan for the National
Heritage Area, the local coordinating entity may use Federal
funds made available under this subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and
are consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized
under this subtitle to acquire any interest in real property.

SEC. 2048. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

[[Page H11947]]

National Heritage Area is encouraged to consult and
coordinate the activities with the Secretary and the local
coordinating entity to the maximum extent practicable.
(c) Other Federal Agencies.--Nothing in this subtitle--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
a National Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.

SEC. 2049. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local
agencies) to the property of the property owner, or to modify
public access or use of property of the property owner under
any other Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.

SEC. 2050. AUTHORIZATION OF APPROPRIATIONS.

SEC. 2051. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this subtitle shall preclude the local
coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were
authorized.

SEC. 2052. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

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

Subtitle D--Freedom's Way National Heritage Area

SEC. 2061. SHORT TITLE; TABLE OF CONTENTS.

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

SEC. 2062. PURPOSES.

(a) The purposes of this subtitle include--
(1) to recognize the significant natural and cultural
legacies of the area, as demonstrated in the study entitled
``Freedom's Way Heritage Area Feasibility Study'' dated
July 1997 and the addendum dated March 2003;
(2) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(3) to foster a close working relationship between the
Secretary and all levels of government, the private sector,
and local communities in the Commonwealth of Massachusetts
and the State of New Hampshire in order to preserve the
special historic identity of the National Heritage Area;
(4) to manage, preserve, protect and interpret the
cultural, historical, and natural resources of the National
Heritage Area for the educational and inspirational benefit
of future generations; and
(5) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the National Heritage Area.

SEC. 2063. DEFINITIONS.

In this subtitle:
(1) National heritage area.--The term ``National Heritage
Area'' means the Freedom's Way National Heritage Area
established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Freedom's Way Heritage
Association, Inc., which is hereby designated by Congress--
(A) to develop, in partnership with others, the management
plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of projects
and programs among diverse partners in the National Heritage
Area.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet
the goals of the National Heritage Area, in accordance with
this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 2064. DESIGNATION OF FREEDOM'S WAY NATIONAL HERITAGE
AREA.

(a) Establishment.--There is hereby established the
Freedom's Way National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall include
the following communities in the Commonwealth of
Massachusetts: Winchendon, Ashburnham, Ashby, Gardner,
Fitchburg, Westminster, Princeton, Sterling, Leominster,
Townsend, Pepperell, Lunenburg, Shirley, Lancaster, Clinton,
Bolton, Harvard, Ayer, Groton, Dunstable, Westford,
Littleton, Boxborough, Stow, Hudson, Maynard, Sudbury,
Concord, Carlisle, Acton, Bedford, Lincoln, Lexington,
Woburn, Arlington, Medford, and Malden. Additionally it shall
include the following communities in the State of New
Hampshire: New Ipswich, Greenville, Mason, Brookline,
Milford, Amherst, Hollis, and Nashua.
(2) Map.--The boundaries of the National Heritage area
shall be as generally depicted on the map titled ``Freedom's
Way National Heritage Area'', numbered T04/80,000, and dated
July 2007. The map shall be on file and available to the
public in the appropriate offices of the National Park
Service and the local coordinating entity.

SEC. 2065. MANAGEMENT PLAN.

[[Page H11948]]

(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove
the management plan for the National Heritage Area on the
basis of the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State or Commonwealth in which the National
Heritage Area is located before approving a management plan
for the National Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for public and
Federal, State, Tribal, and local governmental involvement
(including through workshops and hearings) in the preparation
of the management plan; and
(ii) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(C) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately
protect, enhance, interpret, fund, manage, and develop the
natural, historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(F) the Secretary has received adequate assurances from the
appropriate State, Tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, Tribal, and local elements of the management plan; and
(G) the management plan demonstrates partnerships among the
local coordinating entity, Federal, State, Tribal, and local
governments, regional planning organizations, nonprofit
organizations, or private sector parties for implementation
of the management plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(ii) may make recommendations to the local coordinating
entity for revisions to the management plan.
(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage
Area shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to
implement an amendment to the management plan until the
Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.

SEC. 2066. EVALUATION; REPORT.

(a) In General.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
National Heritage Area under this subtitle, the Secretary
shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to
determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate. The report shall
include recommendations for the future role of the National
Park Service, if any, with respect to the National Heritage
Area.

SEC. 2067. LOCAL COORDINATING ENTITY.

(a) Duties.--To further the purposes of the National
Heritage Area, the Freedom's Way Heritage Association, Inc.,
as the local coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this subtitle, all information pertaining to the expenditure
of the funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and
implementing the approved management plan for the National
Heritage Area, the local coordinating entity may use Federal
funds made available under this subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and
are consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized
under this subtitle to acquire any interest in real property.

SEC. 2068. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

SEC. 2069. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local
agencies) to the property of the property owner, or to modify
public access or use of property of the property owner under
any other Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.

SEC. 2070. AUTHORIZATION OF APPROPRIATIONS.

SEC. 2071. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this subtitle shall preclude the local
coordinating entity from using Federal

[[Page H11949]]

funds available under Acts other than this subtitle for the
purposes for which those funds were authorized.

SEC. 2072. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

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

Subtitle E--Abraham Lincoln National Heritage Area

SEC. 2081. SHORT TITLE; TABLE OF CONTENTS.

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

SEC. 2082. PURPOSES.

(a) The purposes of this subtitle include--
(1) to recognize the significant natural and cultural
legacies of the area, as demonstrated in the study entitled
``Feasibility Study of the Proposed Abraham Lincoln National
Heritage Area'' prepared for the Looking for Lincoln Heritage
Coalition in 2002 and revised in 2007;
(2) to promote heritage, cultural and recreational tourism
and to develop educational and cultural programs for visitors
and the general public;
(3) to recognize and interpret important events and
geographic locations representing key periods in the growth
of America, including Native American, Colonial American,
European American, and African American heritage;
(4) to recognize and interpret the distinctive role the
region played in shaping the man who would become the 16th
President of the United States, and how Abraham Lincoln's
life left its traces in the stories, folklore, buildings,
streetscapes, and landscapes of the region;
(5) to provide a cooperative management framework to foster
a close working relationship with all levels of government,
the private sector, and the local communities in the region
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; and
(6) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the Heritage Area.

SEC. 2083. DEFINITIONS.

In this subtitle:
(1) National heritage area.--The term ``National Heritage
Area'' means the Abraham Lincoln National Heritage Area
established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Looking for Lincoln Heritage
Coalition, which is hereby designated by Congress--
(A) to develop, in partnership with others, the management
plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of projects
and programs among diverse partners in the National Heritage
Area.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet
the goals of the National Heritage Area, in accordance with
this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 2084. DESIGNATION OF ABRAHAM LINCOLN NATIONAL HERITAGE
AREA.

(a) Establishment.--There is hereby established the Abraham
Lincoln National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist
of sites as designated by the management plan within a core
area located in Central Illinois, consisting of Adams, Brown,
Calhoun, Cass, Champaign, Christian, Clark, Coles,
Cumberland, Dewitt, Douglas, Edgar, Fayette, Fulton, Greene,
Hancock, Henderson, Jersey, Knox, LaSalle, Logan, Macon,
Macoupin, Madison, Mason, McDonough, McLean, Menard,
Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Sangamon,
Schuyler, Scott, Shelby, Tazwell, Vermillion, Warren and
Woodford counties.
(2) Map.--The boundaries of the National Heritage Area
shall be as generally depicted on the map titled ``Proposed
Abraham Lincoln National Heritage Area'', and numbered 338/
80,000, and dated July 2007. The map shall be on file and
available to the public in the appropriate offices of the
National Park Service and the local coordinating entity.

SEC. 2085. MANAGEMENT PLAN.

(a) Requirements.--The management plan for the National
Heritage Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the National Heritage
Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental
and interagency agreements to protect, enhance, interpret,
fund, manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the
National Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(C) specific commitments for implementation that have been
made by the local coordinating entity or any Federal, State,
Tribal, or local government agency, organization, business,
or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
National Heritage Area) to further the purposes of this
subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the
management plan after designation as a National Heritage
Area, the local coordinating entity shall submit the
management plan to the Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until
such time as the management plan is submitted to and approved
by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove
the management plan for a National Heritage Area on the basis
of the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural, and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for public and
Federal, State, Tribal, and local governmental involvement
(including through workshops and hearings) in the preparation
of the management plan; and
(ii) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(C) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately
protect, enhance, interpret, fund, manage, and develop the
natural, historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(F) the Secretary has received adequate assurances from the
appropriate State, Tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, Tribal, and local elements of the management plan; and
(G) the management plan demonstrates partnerships among the
local coordinating entity, Federal, State, Tribal, and local
governments, regional planning organizations, nonprofit
organizations, or private sector parties for implementation
of the management plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(ii) may make recommendations to the local coordinating
entity for revisions to the management plan.

[[Page H11950]]

(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage
Area shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to
implement an amendment to the management plan until the
Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.

SEC. 2086. EVALUATION; REPORT.

(a) In General.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
National Heritage Area under this subtitle, the Secretary
shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to
determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate. The report shall
include recommendations for the future role of the National
Park Service, if any, with respect to the National Heritage
Area.

SEC. 2087. LOCAL COORDINATING ENTITY.

(a) Duties.--To further the purposes of the National
Heritage Area, the Looking for Lincoln Heritage Coalition, as
the local coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;
(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this subtitle, all information pertaining to the expenditure
of the funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and
implementing the approved management plan for the National
Heritage Area, the local coordinating entity may use Federal
funds made available under this subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and
are consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized
under this subtitle to acquire any interest in real property.

SEC. 2088. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

SEC. 2089. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local
agencies) to the property of the property owner, or to modify
public access or use of property of the property owner under
any other Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.

SEC. 2090. AUTHORIZATION OF APPROPRIATIONS.

SEC. 2091. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this subtitle shall preclude the local
coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were
authorized.

SEC. 2092. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

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

Subtitle F--Santa Cruz Valley National Heritage Area

SEC. 2111. SHORT TITLE; TABLE OF CONTENTS.

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

SEC. 2112. PURPOSES.

The purposes of this subtitle include--
(1) to establish the Santa Cruz Valley National Heritage
Area in the State of Arizona;
(2) to implement the recommendations of the ``Alternative
Concepts for Commemorating Spanish Colonization'' study
completed by the National Park Service in 1991, and the
``Feasibility Study for the Santa Cruz Valley National
Heritage Area'' prepared by the Center for Desert Archaeology
in July 2005;
(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 region and
to conserve the region's heritage while continuing to pursue
compatible economic opportunities;
(4) to assist communities, organizations, and citizens in
the State of Arizona 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; and
(5) to provide appropriate linkages between units of the
National Park System and communities, governments, and
organizations within the National Heritage Area.

SEC. 2113. DEFINITIONS.

In this subtitle:

[[Page H11951]]

(1) National heritage area.--The term ``National Heritage
Area'' means the Santa Cruz Valley National Heritage Area
established in this subtitle.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the Santa Cruz Valley Heritage
Alliance, Inc., which is hereby designated by Congress--
(A) to develop, in partnership with others, the management
plan for the National Heritage Area; and
(B) to act as a catalyst for the implementation of projects
and programs among diverse partners in the National Heritage
Area.
(3) Management plan.--The term ``management plan'' means
the plan prepared by the local coordinating entity for the
National Heritage Area that specifies actions, policies,
strategies, performance goals, and recommendations to meet
the goals of the National Heritage Area, in accordance with
this subtitle.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 2114. DESIGNATION OF SANTA CRUZ VALLEY NATIONAL HERITAGE
AREA.

(a) Establishment.--There is hereby established the Santa
Cruz Valley National Heritage Area.
(b) Boundaries.--
(1) In general.--The National Heritage Area shall consist
of portions of the counties of Santa Cruz and Pima.
(2) Map.--The boundaries of the National Heritage Area
shall be as generally depicted on the map titled ``Santa Cruz
Valley National Heritage Area'', and numbered _______, and
dated _______. The map be on file and available to the public
in the appropriate offices of the National Park Service and
the local coordinating entity.

SEC. 2115. MANAGEMENT PLAN.

(a) Requirements.--The management plan for the National
Heritage Area shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the heritage of the
area covered by the National Heritage Area and encouraging
long-term resource protection, enhancement, interpretation,
funding, management, and development of the National Heritage
Area;
(2) include a description of actions and commitments that
Federal, State, Tribal, and local governments, private
organizations, and citizens will take to protect, enhance,
interpret, fund, manage, and develop the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area;
(3) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the National Heritage
Area;
(4) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the National Heritage Area related to the national importance
and themes of the National Heritage Area that should be
protected, enhanced, interpreted, managed, funded, and
developed;
(5) recommend policies and strategies for resource
management, including the development of intergovernmental
and interagency agreements to protect, enhance, interpret,
fund, manage, and develop the natural, historical, cultural,
educational, scenic, and recreational resources of the
National Heritage Area;
(6) describe a program for implementation for the
management plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation, funding, management, and development; and
(C) specific commitments for implementation that have been
made by the local coordinating entity or any Federal, State,
Tribal, or local government agency, organization, business,
or individual;
(7) include an analysis of, and recommendations for, means
by which Federal, State, Tribal, and local programs may best
be coordinated (including the role of the National Park
Service and other Federal agencies associated with the
National Heritage Area) to further the purposes of this
subtitle; and
(8) include a business plan that--
(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the National Heritage Area.
(b) Deadline.--
(1) In general.--Not later than 3 years after the date on
which funds are first made available to develop the
management plan after designation as a National Heritage
Area, the local coordinating entity shall submit the
management plan to the Secretary for approval.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with paragraph (1),
the local coordinating entity shall not qualify for any
additional financial assistance under this subtitle until
such time as the management plan is submitted to and approved
by the Secretary.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after receiving the
plan, the Secretary shall review and approve or disapprove
the management plan for a National Heritage Area on the basis
of the criteria established under paragraph (3).
(2) Consultation.--The Secretary shall consult with the
Governor of each State in which the National Heritage Area is
located before approving a management plan for the National
Heritage Area.
(3) Criteria for approval.--In determining whether to
approve a management plan for a National Heritage Area, the
Secretary shall consider whether--
(A) the local coordinating entity represents the diverse
interests of the National Heritage Area, including Federal,
State, Tribal, and local governments, natural and historic
resource protection organizations, educational institutions,
businesses, recreational organizations, community residents,
and private property owners;
(B) the local coordinating entity--
(i) has afforded adequate opportunity for public and
Federal, State, Tribal, and local governmental involvement
(including through workshops and hearings) in the preparation
of the management plan; and
(ii) provides for at least semiannual public meetings to
ensure adequate implementation of the management plan;
(C) the resource protection, enhancement, interpretation,
funding, management, and development strategies described in
the management plan, if implemented, would adequately
protect, enhance, interpret, fund, manage, and develop the
natural, historic, cultural, educational, scenic, and
recreational resources of the National Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal land under public land laws
or land use plans;
(E) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan;
(F) the Secretary has received adequate assurances from the
appropriate State, Tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, Tribal, and local elements of the management plan; and
(G) the management plan demonstrates partnerships among the
local coordinating entity, Federal, State, Tribal, and local
governments, regional planning organizations, nonprofit
organizations, or private sector parties for implementation
of the management plan.
(4) Disapproval.--
(A) In general.--If the Secretary disapproves the
management plan, the Secretary--
(i) shall advise the local coordinating entity in writing
of the reasons for the disapproval; and
(ii) may make recommendations to the local coordinating
entity for revisions to the management plan.
(B) Deadline.--Not later than 180 days after receiving a
revised management plan, the Secretary shall approve or
disapprove the revised management plan.
(5) Amendments.--
(A) In general.--An amendment to the management plan that
substantially alters the purposes of the National Heritage
Area shall be reviewed by the Secretary and approved or
disapproved in the same manner as the original management
plan.
(B) Implementation.--The local coordinating entity shall
not use Federal funds authorized by this subtitle to
implement an amendment to the management plan until the
Secretary approves the amendment.
(6) Authorities.--The Secretary may--
(A) provide technical assistance under the authority of
this subtitle for the development and implementation of the
management plan; and
(B) enter into cooperative agreements with interested
parties to carry out this subtitle.

SEC. 2116. EVALUATION; REPORT.

(a) In General.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
National Heritage Area under this subtitle, the Secretary
shall--
(1) conduct an evaluation of the accomplishments of the
National Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection
(a)(1) shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the National Heritage Area; and
(B) achieving the goals and objectives of the approved
management plan for the National Heritage Area;
(2) analyze the Federal, State, Tribal, and local, and
private investments in the National Heritage Area to
determine the impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the National Heritage Area for
purposes of identifying the critical components for
sustainability of the National Heritage Area.
(c) Report.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall submit a report to the
Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate. The report shall
include recommendations for the future role of the National
Park Service, if any, with respect to the National Heritage
Area.

SEC. 2117. LOCAL COORDINATING ENTITY.

(a) Duties.--To further the purposes of the National
Heritage Area, the Santa Cruz Valley Heritage Alliance, Inc.,
as the local coordinating entity, shall--
(1) prepare a management plan for the National Heritage
Area, and submit the management plan to the Secretary, in
accordance with this subtitle;
(2) submit an annual report to the Secretary for each
fiscal year for which the local coordinating entity receives
Federal funds under this subtitle, specifying--
(A) the specific performance goals and accomplishments of
the local coordinating entity;
(B) the expenses and income of the local coordinating
entity;
(C) the amounts and sources of matching funds;
(D) the amounts leveraged with Federal funds and sources of
the leveraging; and
(E) grants made to any other entities during the fiscal
year;

[[Page H11952]]

(3) make available for audit for each fiscal year for which
the local coordinating entity receives Federal funds under
this subtitle, all information pertaining to the expenditure
of the funds and any matching funds; and
(4) encourage economic viability and sustainability that is
consistent with the purposes of the National Heritage Area.
(b) Authorities.--For the purposes of preparing and
implementing the approved management plan for the National
Heritage Area, the local coordinating entity may use Federal
funds made available under this subtitle to--
(1) make grants to political jurisdictions, nonprofit
organizations, and other parties within the National Heritage
Area;
(2) enter into cooperative agreements with or provide
technical assistance to political jurisdictions, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) hire and compensate staff, including individuals with
expertise in--
(A) natural, historical, cultural, educational, scenic, and
recreational resource conservation;
(B) economic and community development; and
(C) heritage planning;
(4) obtain funds or services from any source, including
other Federal programs;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the National Heritage Area and
are consistent with the approved management plan.
(c) Prohibition on Acquisition of Real Property.--The local
coordinating entity may not use Federal funds authorized
under this subtitle to acquire any interest in real property.

SEC. 2118. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

SEC. 2119. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

Nothing in this subtitle--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the National Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, Tribal, or local
agencies) to the property of the property owner, or to modify
public access or use of property of the property owner under
any other Federal, State, Tribal, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, Tribal, or local agency, or conveys any land use or
other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and
management of energy, water, or water-related infrastructure;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the National Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.

SEC. 2120. AUTHORIZATION OF APPROPRIATIONS.

SEC. 2121. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

Nothing in this subtitle shall preclude the local
coordinating entity from using Federal funds available under
other laws for the purposes for which those funds were
authorized.

SEC. 2122. SUNSET FOR GRANTS AND OTHER ASSISTANCE.

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

TITLE III--STUDY

SEC. 3001. STUDY AND REPORT OF PROPOSED NORTHERN NECK
NATIONAL HERITAGE AREA.

(a) The Secretary of the Interior (hereafter referred to as
``the Secretary''), in consultation with appropriate State
historic preservation officers, State historical societies,
and other appropriate organizations, shall conduct a study of
the suitability and feasibility of designating the area
described in subsection (d) as the Northern Neck National
Heritage Area in the Commonwealth of Virginia.
(b) Criteria.--In conducting the study, the Secretary shall
apply the following criteria to determine the suitability and
feasibility of designating the area described in subsection
(d) as a National Heritage Area:
(1) The area--
(A) has an assemblage of natural, historic, cultural,
educational, scenic, or recreational resources that together
are nationally important to the heritage of the United
States;
(B) represents distinctive aspects of the heritage of the
United States worthy of recognition, conservation,
interpretation, and continuing use;
(C) is best managed as such an assemblage through
partnerships among public and private entities at the local
or regional level;
(D) reflects traditions, customs, beliefs, and folklife
that are a valuable part of the heritage of the United
States;
(E) provides outstanding opportunities to conserve natural,
historical, cultural, or scenic features;
(F) provides outstanding recreational or educational
opportunities; and
(G) has resources and traditional uses that have national
importance.
(2) Residents, business interests, nonprofit organizations,
and governments (including relevant Federal land management
agencies) within the proposed area are involved in the
planning and have demonstrated significant support through
letters and other means for National Heritage Area
designation and management.
(3) The local coordinating entity responsible for preparing
and implementing the management plan is identified.
(4) The proposed local coordinating entity and units of
government supporting the designation have documented their
commitment to work in partnership to protect, enhance,
interpret, fund, manage, and develop resources within the
National Heritage Area.
(5) The proposed local coordinating entity has developed a
conceptual financial plan that outlines the roles of all
participants (including the Federal Government) in the
management of the National Heritage Area.
(6) The proposal is consistent with continued economic
activity within the area.
(7) A conceptual boundary map has been developed and is
supported by the public and participating Federal agencies.
(c) Consultation.--In conducting the study, the Secretary
shall consult with the managers of any Federal land within
the proposed National Heritage Area and secure the
concurrence of the managers with the findings of the study
before making a determination for designation.
(d) Boundaries of the Study Area.--The study area referred
to in subsection (a) shall be comprised of the following:
(1) The part of Virginia between the Potomac and the
Rappahannock Rivers in eastern coastal Virginia.
(2) Westmoreland, Northumberland, Richmond, King George,
and Lancaster Counties, Virginia.
(3) Other areas that have heritage aspects that are similar
to those aspects that are in the areas described in
paragraphs (1) and (2) and which are adjacent to or in the
vicinity of those areas.
(e) Report.--The Secretary shall
(1) review, comment on, and determine if the study meets
the criteria specified in subsection (b) for designation as a
National Heritage Area;
(2) consult with the Governor of the Commonwealth of
Virginia; and
(3) not later than 3 fiscal years after the date on which
funds are first made available for this section, submit to
the Committee on Natural 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, including--
(A) any comments received from the Governor of the
Commonwealth of Virginia; and
(B) a finding as to whether the proposed National Heritage
Area meets the criteria for designation.
(f) Disapproval.--If the Secretary determines that the
proposed National Heritage Area does not meet the criteria
for designation, the Secretary shall include within the study
submitted under subsection (e)(3) a description of the
reasons for the determination.

TITLE IV--TECHNICAL CORRECTIONS AND ADDITIONS

SEC. 4001. NATIONAL COAL HERITAGE AREA TECHNICAL CORRECTIONS.

Title I of Division II of the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333 as amended
by Public Law 106-176 and Public Law 109-338) is amended--
(1) by striking section 103(b) and inserting the following:
``(b) Boundaries.--The National Coal Heritage Area shall be
comprised of Lincoln County, West Virginia, and Paint Creek
and Cabin Creek within Kanawah County, West Virginia, and the
counties that are the subject of the study by the National
Park Service, dated 1993, entitled `A Coal Mining Heritage
Study: Southern West Virginia' conducted pursuant to title VI
of Public Law 100-699.'';
(2) by striking section 105 and inserting the following:

``SEC. 105. ELIGIBLE RESOURCES.

``(a) In General.--The resources eligible for the
assistance under section 104 shall include--
``(1) resources in Lincoln County, West Virginia, and Paint
Creek and Cabin Creek in Kanawah County, West Virginia, as
determined to be appropriate by the National Coal Heritage
Area Authority; and

[[Page H11953]]

``(2) the resources set forth in appendix D of the study by
the National Park Service, dated 1993, entitled `A Coal
Mining Heritage Study: Southern West Virginia' conducted
pursuant to title VI of Public Law 100-699.
``(b) Priority.--Priority consideration shall be given to
those sites listed as `Conservation Priorities' and
`Important Historic Resources' as depicted on the map
entitled `Study Area: Historic Resources' in such study.'';
(3) in section 106(a)--
(A) by striking ``Governor'' and all that follows through
``Parks,'' and inserting ``National Coal Heritage Area
Authority''; and
(B) in paragraph (3), by striking ``State of West
Virginia'' and all that follows through ``entities, or'' and
inserting ``National Coal Heritage Area Authority or''; and
(4) in section 106(b), by inserting ``not'' before
``meet''.

SEC. 4002. RIVERS OF STEEL NATIONAL HERITAGE AREA ADDITION.

Section 403(b) of title IV of Division II of the Omnibus
Parks and Public Lands Management Act of 1996 (Public Law
104-333) is amended by inserting ``Butler,'' after
``Beaver,''.

SEC. 4003. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR
ADDITION.

Section 604(b)(2) of title VI of Division II of the Omnibus
Parks and Public Lands Management Act of 1996 is amended by
adding at the end the following new subparagraphs:
``(O) Berkeley County.
``(P) Saluda County.
``(Q) The portion of Georgetown County that is not part of
the Gullah/Geechee Cultural Heritage Corridor.''.

SEC. 4004. OHIO AND ERIE CANAL NATIONAL HERITAGE CORRIDOR
TECHNICAL CORRECTIONS.

Title VIII of Division II of the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333) is
amended--
(1) by striking ``Canal National Heritage Corridor'' each
place it appears and inserting ``National Heritage
Canalway'';
(2) by striking ``corridor'' each place it appears and
inserting ``canalway'', except in references to the
feasibility study and management plan;
(3) in the heading of section 808(a)(3), by striking
``corridor'' and inserting ``canalway'';
(4) in the title heading, by striking ``CANAL NATIONAL
HERITAGE CORRIDOR'' and inserting ``NATIONAL HERITAGE
CANALWAY'';
(5) in section 803--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (2), (3), (4), (5), and (6), respectively;
(C) in paragraph (2) (as redesignated by this Act), by
striking ``808'' and inserting ``806''; and
(D) in paragraph (6) (as redesignated by this Act), by
striking ``807(a)'' and inserting ``805(a)'';
(6) in the heading of section 804, by striking ``CANAL
NATIONAL HERITAGE CORRIDOR'' and inserting ``NATIONAL
HERITAGE CANALWAY'';
(7) in the second sentence of section 804(b)(1), by
striking ``808'' and inserting ``806'';
(8) by striking sections 805 and 806;
(9) by redesignating sections 807, 808, 809, 810, 811, and
812 as sections 805, 806, 807, 808, 809, and 810,
respectively;
(10) in section 805(c)(2) (as redesignated by this Act), by
striking ``808'' and inserting ``806'';
(11) in section 806 (as redesignated by this Act)--
(A) in subsection (a)(1), by striking ``Committee'' and
inserting ``Secretary'';
(B) in the heading of subsection (a)(1), by striking
``committee'' and inserting ``secretary'';
(C) in subsection (a)(3), in the first sentence of
subparagraph (B), by striking ``Committee'' and inserting
``management entity'';
(D) in subsection (e), by striking ``807(d)(1)'' and
inserting ``805(d)(1)''; and
(E) in subsection (f), by striking ``807(d)(1)'' and
inserting ``805(d)(1)'';
(12) in section 807 (as redesignated by this Act), in
subsection (c) by striking ``Cayohoga Valley National
Recreation Area'' and inserting ``Cayohoga Valley National
Park'';
(13) in section 808 (as redesignated by this Act)--
(A) in subsection (b), by striking ``Committee or''; and
(B) in subsection (c), in the matter before paragraph (1),
by striking ``Committee'' and inserting ``management
entity''; and
(14) in section 809 (as redesignated by Act), by striking
``assistance'' and inserting ``financial assistance''.

SEC. 4005. NEW JERSEY COASTAL HERITAGE TRAIL ROUTE EXTENSION
OF AUTHORIZATION.

Section 6 of Public Law 100-515 (16 U.S.C. 1244 note) is
amended as follows:
(1) Strike paragraph (1) of subsection (b) and insert the
following new paragraph:
``(1) In general.--Amounts made available under subsection
(a) shall be used only for--
``(A) technical assistance;
``(B) the design and fabrication of interpretive materials,
devices, and signs; and
``(C) the preparation of the strategic plan.''.
(2) Paragraph (3) of subsection (b) is amended by inserting
after subparagraph (B) a new subparagraph as follows:
``(C) Notwithstanding paragraph (3)(A), funds made
available under subsection (a) for the preparation of the
strategic plan shall not require a non-Federal match.''.
(3) Subsection (c) is amended by striking ``2007'' and
inserting ``2011''.

SEC. 4006. ERIE CANALWAY NATIONAL HERITAGE CORRIDOR TECHNICAL
CORRECTIONS.

The Erie Canalway National Heritage Corridor Act (title
VIII of Appendix D of Public Law 106-554, 114 Stat. 2763A-
295) is amended--
(1) in section 804(b)--
(A) by striking ``27'' and inserting ``at least 21 members,
but not to exceed 27'';
(B) in paragraph (2), by striking ``Environment'' and
inserting ``Environmental'';
(C) in paragraph (3), by striking ``19'';
(D) in paragraph (3)--
(i) by striking subparagraph (A) and redesignating
subsequent subparagraphs accordingly;
(ii) in subparagraph (B) (as redesignated by clause (i)),
by striking the second sentence; and
(iii) by adding after subparagraph (B) the following new
subparagraph:
``(C) The remaining members shall be based on
recommendations from each member of the United States House
of Representatives whose district encompasses the Corridor,
each of whom shall be a resident of or employed within the
district from which they shall be recommended.'';
(2) in section 804(f), by striking ``Fourteen members of
the Commission'' and inserting ``A majority of the seated
(sworn) Commissioners'';
(3) in section 804(g), by striking ``14 of its members.''
and inserting ``a majority of the seated (sworn)
Commissioners.'';
(4) in section 804(h)(4), by striking ``staff to carry out
its duties;'' and inserting ``such staff as may be necessary
to carry out its duties. Staff appointed by the Commission--
``(A) may be appointed subject to the provisions of title
5, United States Code, governing appointments in the
competitive service; and
``(B) may be paid in accordance with the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to the classification and General Schedule pay
rates;'';
(5) in section 804(j), by striking ``10 years after the
date of enactment of this title'' and inserting ``15 years
after the date of the enactment of this title'';
(6) in section 807(e), by striking ``duties with regard to
the preparation and approval of the Canalway Plan.'' and
inserting ``duties.'';
(7) in section 807, by adding at the end the following:
``(f) Operational Assistance.--Subject to the availability
of appropriations, the Superintendent of Saratoga National
Historical Park may, on request, provide to public and
private organizations in the Heritage Area, including the
Commission, any operational assistance that is appropriate
for the purpose of supporting the implementation of the
management plan.''; and
(8) in section 810(a)(1), by inserting after the first
sentence: ``Such sums shall remain available until
expended.''.

TITLE V--SENSE OF CONGRESS REGARDING FUNDING

SEC. 5001. SENSE OF CONGRESS REGARDING FUNDING.

It is the sense of Congress that the Federal Government
should not fund a national heritage area in perpetuity.

The SPEAKER pro tempore. The gentleman from West Virginia (Mr.
Rahall) and the gentleman from Utah (Mr. Bishop) each will control 30
minutes.
The Chair recognizes the gentleman from West Virginia.

General Leave

Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill, H.R. 1483.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today, as America continues to grapple with the war and
citizens throughout these United States deal with their daily
struggles, I think it is important for us to harken back to our
heritage and to celebrate our culture.
From the coalfields of southern West Virginia to the Land of Lincoln
in Illinois; from the awesome beauty of Niagara Falls to the Muscle
Shoals of Alabama; from the hallowed ground of the Virginia Piedmont,
where battles were fought to unify this Nation, to the Santa Cruz
Valley of New Mexico, this is the fabric of America. This is her
heartbeat. Let us take time to listen to it and to celebrate it.
The legislation we are considering today was introduced by my friend
and colleague, the gentleman from Ohio, Representative Ralph Regula,
who has been a strong and effective advocate for heritage areas, not
only in the area he represents but also throughout the country, and I
commend and salute him for that leadership.
Heritage areas help to preserve and interpret the geological history,
the natural history and the human history of an area in a comprehensive
fashion so that we and our children will better understand how our land
has shaped our history and how our history has shaped our land.
National heritage areas are local community-driven preservation
projects. Most of them arise out of the concerns of a core group of
committed,

[[Page H11954]]

local folks who want to work together to preserve the places and
resources that make their country or town or region unique. These
citizens bring their proposals to their elected representatives in
Congress because they need technical and planning assistance from their
government and matching funds to use as seed money to help get their
program off the ground.
Now, 23 years after the first national heritage area was designated,
the program is at a crossroads. The Congress can either provide the
program with the tools and support it needs to continue, maturing into
a successful preservation model, or the Congress can turn our backs on
heritage areas and leave local communities to fend for themselves as
they try to save those things that make them special, that make America
special.
We are moving this legislation today because we support national
heritage areas and we want to see them succeed. Ever since Congress
established the Illinois and Michigan Canal National Heritage Corridor
in 1984, heritage tourism has been growing, and today it is a
significant economic engine. These areas are worthwhile, not only as a
way to help local economies, but also as a crucial tool for preserving
our communities' and our people's links to the past.
By providing Federal recognition and financial support, we encourage
preservation and interpretation of important periods in our Nation's
history in a way that traditional units of the national park system
cannot do.

{time} 1030

Our initial investment ``primes the pump,'' if you will, and ensures
that those areas get a solid start toward financial and operational
independence. Given that each Federal dollar is matched by local funds,
the Federal investment in the heritage area program is money well
spent.
In addressing the Rules Committee Monday, my colleague Mr. Regula
noted that the $8 million made in his heritage area has yielded more
than $270 million in non-Federal funding. For affected local
communities, heritage areas are a program that works.
H.R. 1483, as amended, would establish six new heritage areas,
increase the funding authorization for nonexisting areas, and make
mostly technical changes in the establishing legislation for several of
those areas. The bill also includes a study of the Northern Neck of
Virginia, requested by our late colleague, Representative Jo Ann Davis.
Bringing this bill before the House today responds to the frequent
and energetic requests of numerous Members on both sides of the aisle,
Republicans and Democrats. In total, H.R. 1483 includes bills that are
cosponsored by dozens of Members in both parties, including the entire
House delegation in Illinois and New Jersey.
We also had very helpful input from the administration on this
legislation, including detailed studies of the suitability of each new
heritage area. Most of the changes being made to existing heritage
areas were added at the request of the National Park Service.
This is a good bill, Mr. Speaker, and I want to commend the gentleman
from Ohio (Mr. Regula) for his commitment and leadership on heritage
areas. We support passage of H.R. 1483 and urge its adoption by the
House today.
Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I am actually saddened to rise today
on this particular bill. The 16 heritage areas that are either existing
or proposed, many of them are very good, things that I would readily
support.
Unfortunately, they have been packaged into what the government book
my high school students read called ``A Christmas Tree'' in a very real
way, in which bad proposals can be packaged around the few good
proposals that are in here in hopes that people will tolerate the bad
in hopes of getting a favorable recommendation from the good. My State
and most State legislatures would never have tolerated this type of
bill. This bill would be split up in our State so that each proposal
would stand on its own merits and go up or down. Unfortunately, we do
not use that procedure here. We ought to, but we do not.
Even in areas where something like an appropriation can be justified
by lumping things together, in an authorization, it should not. That is
why I rise in opposition to H.R. 1483.
When this bill was originally introduced, it was to reauthorize nine
heritage areas, giving each an additional $10 million. Since the
reauthorization on these nine original areas doesn't lapse until 2012,
5 years hence, it is interesting why we are taking the time now to
revisit these particular areas. Even though some of these areas are
simple technical corrections and changes, for most it appears that the
reason we're doing it again is because they have gone through their
money and they want more.
It is difficult when the process of a heritage area is supposed to
become self-sufficient. It is an affront to heritage areas that are
trying to become self-sufficient and break themselves from Federal
dependence.
In 1994 when these same nine areas were being discussed, the Democrat
hero of heritage areas, the advocate, the chairman of the then
subcommittee, the late Bruce Vento stated: ``There is a limit to the
length of time or the amount of money the Federal Government can be in
a heritage area.'' Not totally grammatical, but you get the point of
what he was trying to say.
He went on to say: ``In 10 years, we are out of there. Then they are
on their own and we get the benefit of that conservation.''
Thirteen years later, that has not been the case. In fact, it has
been said that for every dollar spent on these heritage areas, there is
$10 to $20 from the private sector that comes back. It sounds like a
great return on our investment if it could be independently verified.
In fact, during the hearings on this bill, the National Park Service
testified that no heritage area has become self-sufficient.
Unfortunately, it gets worse.
The Heritage Area Alliance, the association which represents all
heritage areas, has told us in committee hearing that they should never
become self-sufficient and they should always rely on continuous
Federal appropriations for every heritage area. In fact, the Heritage
Area Alliance has become a cottage industry where groups get grants
from the Federal Government to go around telling other people how to
get more grants from the Federal Government. And this performance we
are now wishing to reward. While a public-private partnership can yield
positive results, this program has taken on a life of its own.
In the Resources Committee, the bill was amended to cut back
additional funds to existing heritage areas from $10 million to $5
million. I compliment Chairman Grijalva for his amendment and the
chairman of the full committee for accepting it. It is like taking the
balls off the bottom branches of the Christmas tree so the cat won't
play with them.
And after taking that positive step, they reverse course and tacked
on six new heritage areas. They have had hearings, but in fairness,
only one has gone through the regular order that the chairman of the
full committee established when we first met this year.
The Democrats also decided to make changes that were never part of
the hearing. The new heritage areas will now receive $15 million each,
up from the $10 million that they requested. It is great and lucky to
receive a 50 percent bonus without asking for it. This gracious move by
the Democrats means the total cost of this bill is now $135 million.
Some of our committees thought that was a paltry sum. But $135 million
is the total annual Federal income tax paid by 33,276 middle-class
taxpayers. And this is how we are being responsible for their
particular money.
We have some problems concerning some of the subtitles included in
this new omnibus Christmas tree bill.
A journey through Hallowed Ground Heritage Area has been diligently
sought by my colleague from Virginia (Mr. Wolf). I commend him for his
dedication to this cause, and there is much of his proposed area that I
like and I applaud. However, one of the problems still is there are
issues that still persist. There is both support and opposition within
this proposed area. Two of our colleagues have asked their particular
congressional districts be removed from this designation. In committee,
an amendment was offered to remove their districts, but it was
rejected. And because this is a closed

[[Page H11955]]

rule, our colleagues do not have the opportunity of coming down here
and on the floor of the House presenting their reasons why they wish to
be withdrawn from this particular district.
We should not take Federal designations lightly. When we create a
Federal designation, a Member who is opposed to that should be
respected in his particular wishes. We were told this would disrupt the
continuity of this heritage area. Well, this heritage area spans four
States and it is supposed to still be locally operated. One must ask
how a Virginia-based management entity will represent the local
interests of four States. It is a legitimate question, but the bottom
line is we still should respect our colleagues' privilege to represent
their constituencies.
There has been criticism that private property protections in this
bill are inadequate. The majority claims that the protections in this
bill are sufficient because it states that participation is voluntary.
Voluntary.
If two of our Members want to voluntarily opt out of this particular
bill and are not allowed to do so, how will any property owner sitting
in one of these new proposed districts get any kind of confidence that
they are safe when it is not voluntary for any Member to remove their
districts from these types of recommendations?
In the Resources Committee, I offered an amendment that would have
simply provided for the right of private property owners to withdraw
their land from a heritage area boundary. This is the exact same
provision that has been on the 12 prior heritage areas. This is the
same provision that Mr. Wolf added in his bill and was taken out by the
committee even though he objected to the removal of that language from
his own particular provision. Why are we treating these heritage areas
different than the precedent we established for the other heritage
areas? It is not an additional burden to the management. It would go a
long way to assuring constituents that their rights would be
protected. Unfortunately, the amendment was defeated again because the
Democrats claim that their language was sufficient, an argument that
has proved inaccurate on other occasions. In light of the infamous Kelo
decision, we need to be extra cautious in the House when we deliberate
on property rights.

The other side will claim that there is no risk to property rights.
While I hope that is correct, we need to be very sure because
boundaries have a consequence, or why should we have them. Proponents
of this bill on the one hand say we need boundaries to protect
historical properties, but on the other hand there is no regulatory
authority. You can't have it both ways. It is an invitation to
lawsuits. We have already seen cases brought forward based on these
recommendations. I would point my colleagues to Pogliani v. United
States Corps of Engineers. It has already happened that lawsuits have
been filed to discontinue actions based on inclusion in a heritage
area. The right to opt out of the boundary we proposed would have
prevented this type of situation in the future.
In some respects this legislation is simply not ready for prime time.
The Muscle Shoals proposal, which is another one I like a lot, I think
it is good, but it has not yet completed a feasibility study. In other
words, we don't have the assurance this heritage area could get off the
ground before we wish to actually make the check for it.
We were promised in this particular bill that there would be a map
included. If you see in the self-executing rule of the Rules Committee,
they have put a number in place that used to be blank. A small little
detail. But we have not been provided with a map of what the boundaries
of this new heritage area actually are. So how can we tell people they
can be voluntarily in or out of it when we don't even know yet what the
boundary levels are? No wonder this has become a closed rule.
There is another area in this bill that was created, a Niagara Falls
region, at the behest of the very powerful chairwoman of the Rules
Committee, Ms. Slaughter. Proponents claim it is needed to protect the
falls. Protect the falls from what? What potential harm to the falls
can be protected by the provisions of this particular bill? Remember,
proponents say there are no restrictions or regulations imposed.
Perhaps the totally unique commission that is established in this
portion of the bill that has the Secretary of the Interior creating a
new entity and staffing it with Federal employees and paying for it can
finally answer that particular question. There is little more in this
particular provision than using the National Park Service to conduct
economic redevelopment projects. The Park Service does not have the
expertise, or the funds, or the desire to be burdened with this
subject.
At the center of the economic development plan for Niagara Falls is a
new casino. Niagara Falls, honeymoons, gambling, there may be a nexus
there somewhere for us. But while the State of New York has the right
to pursue casinos and help their development, it is inappropriate to
use national heritage areas to promote the casino. An amendment was
offered when the Niagara Falls heritage bill originally went through
the committee to put a firewall between the Federal funds in this bill
and the casino. Committee Democrats rejected again this simple
amendment. Whatever my colleagues feel on the issue of gaming is
irrelevant. We should all agree, though, that this is not an
appropriate use of Federal funds, especially when one area is given an
advantage over the other.
Finally, concerns have been raised that these heritage areas and
their boundaries may be used to impede the placement of energy
transmission lines. While this may not be the full intent of the
sponsors, we must proceed cautiously before we further damage our
ability to keep up with the demand for energy. The grid is already
heavily taxed, and it would be a tragedy to see blackouts as an
unintended consequence of these designations.
Mr. Speaker, because we do not have an opportunity to improve this
bill via amendment as a result of the closed rule, I have to urge my
colleagues to oppose this legislation, unfortunately.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I am honored at this point to yield 2
minutes to the gentlelady that the gentleman from Utah has already
referenced, the chairlady of our powerful House Rules Committee, the
gentlewoman from New York, Representative Louise Slaughter, who has
been a true fighter for her Niagara Falls National Heritage Area.
Ms. SLAUGHTER. I thank the gentleman for yielding.
Mr. Speaker, I rise in support of H.R. 1483, a bill amending the
Omnibus Parks and Public Lands Management Act of 1996.
The bill reauthorizes already existing national heritage areas. Most
important to me and my district, and I think to the country, the bill
authorizes the creation of the Niagara Falls Heritage Area. This truly
is a monumental day for the city of Niagara Falls, the surrounding
communities and the millions of people who visit Niagara Falls each
year.
Every time I drive across my congressional district, I am reminded
how fortunate I am to represent such a beautiful part of the country.
From the shores of Lake Ontario to our vineyards and apple orchards,
Mother Nature has bestowed some of her finest treasures upon western
New York. But none is as widely recognized at home and around the world
as Niagara Falls.
Every year more than 15 million people travel to Niagara Falls to
take in this awe-inspiring natural phenom-
enon. It is high time, Mr. Speaker, that the national treasures that
are Niagara Falls and the Niagara River be granted the official status
they have long deserved, that of a national heritage area.
Niagara Falls has always been a source of energy for our region. I
don't need to remind you that it is the foremost source of
hydroelectric power in North America as well as the birthplace of
modern hydroelectric power.
This bill will help to solidify Niagara Falls' standing as something
more, an engine for the revitalization and promotion of our region's
natural, historic and scenic resources to residents and visitors alike.
We are not ashamed of that.
We have, obviously, one of the areas of the country most devastated
economically. As you know, the heritage area designation ties together
private and public lands linked by geography and history. With the
approval of this designation, the National Park Service

[[Page H11956]]

will assist our local and State organizations to develop and implement
a plan to conserve and promote Niagara's natural attributes. Niagara
Falls is one of the seven natural wonders of the world. We should all
cherish it. The benefits are obvious for all to see.

{time} 1045

Mr. BISHOP of Utah. Mr. Speaker, I am happy to yield 3 minutes to the
sponsor of this particular bill, the gentleman from Ohio (Mr. Regula),
at the conclusion of which it would be very nice if the other side
would have additional time for him because he's supporting your side.
Mr. RAHALL. Mr. Speaker, I yield the gentleman from Ohio 1 minute,
also.
Mr. REGULA. Mr. Speaker, I thank the gentlemen for yielding time. I
could spend all day on this. I've had 10 years of experience with this,
with the heritage corridor, and it's been such a tremendous asset.
As a matter of fact, our chamber of commerce brought in an expert on
economic development as to what we could do to keep young families in
our community, and she said your number one asset is the corridor, the
trail, because young families want to use it, and they do use it. And
putting a human face on it, not only do I see young families all the
time out on the towpath with their bicycles, with their family groups,
but I see handicapped people who are wheeling their wheelchairs down
the trail. So they, too, can benefit from the value of open space, a
touch of environment and touch of nature.
It's a terrific asset in our community. Over 3 million people use it.
In terms of costs, this is not an appropriation. This is an
authorization. So let's not be confused here by what it costs. That
will be a decision for the Appropriations Committee to make as to how
much they want to commit. All this bill does is authorize this
expenditure.
But what we found is that we get a huge outpouring of community
support, foundations, village councils, private individuals who support
this. For every dollar of Federal support, there's probably been $10 of
local community involvement because they appreciate the recreational
value. They appreciate the family values that come from using these
facilities. They appreciate what it means to have this kind of thing in
our community.
The Ohio and Erie Canal Towpath, which was originally there as part
of the canal system, had brought prosperity to Ohio many years ago. In
fact, we had had a system of canals that were the original expressways
of yesteryear, and it started with George Washington and John Quincy
Adams who pushed this for people.
Of course, we all know about the granddaddy of all canals, the C&O
Canal. That was saved. It was originally designated to be a highway.
The highway folks said, yeah, this is wonderful; we've got 160 miles
here of corridor where the canal and the towpath run so we'll put a
highway on it. And Justice William O. Douglas got the Washington press
corps together and said, ``Come with me; we'll hike this piece of
history.'' I suppose that was a little strenuous at the time, but they
managed it, and they wrote such glowing editorials about it that it was
preserved.
And to date, it's the C&O Canal National Parkway, and all you need to
do is go out there on a Sunday afternoon or any weekday and you see
people, thousands of people, from the City of Washington and the area
using the C&O Canal for recreation, for an understanding of
environment, for an understanding of history. It's a terrific asset.
And I think what we're saying here is that other communities want to
preserve their heritage corridors to tell the story of how their
communities were built originally, and this is the case in Ohio. But
you get all the additional benefits of health, of walking and bicycling
on a towpath, the benefits of being together as a family, the benefits
of having a community asset.
It was mentioned about the cost, but I don't think we are ready to
charge for Yellowstone or Gettysburg. We preserve these things, and
it's part of the national responsibility to preserve these historic
artifacts and places that are very much a part of our Nation's history.
So I would urge my colleagues to support this bill. Let the
communities raise their money. Let them go to the Appropriations
Committee and get whatever they can by way of support.
Mr. RAHALL. Mr. Speaker, continuing with the strong bipartisan
support for this bill, I yield 2 minutes to my very good friend and
dear colleague, the gentleman from Peoria, Illinois (Mr. LaHood), whose
bipartisan nature and friendly relations we're going to truly miss in
this Congress next year.
Mr. BISHOP of Utah. Mr. Speaker, I'd also like to yield the gentleman
1 minute of our time as well.
(Mr. LaHOOD asked and was given permission to revise and extend his
remarks.)
Mr. LaHOOD. Mr. Speaker, I thank both gentlemen for the time.
Mr. Speaker, I rise today in strong support of H.R. 1483, legislation
to amend the Omnibus Parks and Public Lands Management Act to establish
six new national heritage areas, including one running through my own
congressional district known as the Abraham Lincoln National Heritage
Area.
Mr. Speaker, I believe the establishment of heritage areas provides
us with a unique opportunity to take a closer look at some of the most
culturally significant areas of our country. As a former school
teacher, I believe very strongly in the need to study the past in order
to understand how we got to where we are today. Many of the issues that
shaped President Lincoln's legacy are still relevant today, and it's
worthwhile to continue to explore these issues. The establishment of
the Abraham Lincoln National Heritage Area within this bill would
accomplish these goals.
The purpose of creating this national heritage area in Illinois is to
manage, study and promote Lincoln-related historical sites. Scattered
throughout the central Illinois landscape are countless places where
Lincoln traveled and lived. As children, we're taught the basic history
of our country, including the basic facts of President Lincoln's life
and legacy. What the history books usually don't teach are the
experiences and events that shaped President Lincoln and made him the
man he became. By designating this heritage area, we can tie these many
Lincoln sites together in order to create a tapestry that will allow us
to better understand the influences that shaped President Lincoln's
life.
During my time in Congress, I've had the unique honor of representing
all 11 counties that originally formed Abraham Lincoln's congressional
district when he served one term in this very House. The year 2009
represents the 200th anniversary of President Lincoln's birth, and as
the cochair of the Abraham Lincoln Bicentennial Commission, which is in
charge of celebrating this event, what better way to honor one of the
most prominent figures in American history who affected millions of
lives than preserving and studying further those places where he lived
and worked and that had a profound effect on his later life.
I urge my colleagues to support this important legislation, as it
will lead to an opportunity for all in Illinois and all in our country
to really have a better understanding of President Lincoln.
Mr. Speaker, I rise today in strong support of H.R. 1483, legislation
to amend the Omnibus Parks and Public Lands Management Act to establish
six new national heritage areas, including one running through my own
district known as the Abraham Lincoln National Heritage Area.
I would first like to thank Chairman Rahall and Ranking Member Young
for bringing this important matter to the Floor today. I would also
like to thank Chairman Grijalva and Ranking Member Bishop for holding
hearings on the Abraham Lincoln National Heritage Area in their
Subcommittee.
Mr. Speaker, I believe the establishment of heritage areas provides
us with a unique opportunity to take a closer look at some of the most
culturally significant areas of our country. As a former school
teacher, I believe very strongly in the need to study the past in order
to understand how we got to where we are today. Many of the issues that
shaped President Lincoln's legacy are still relevant today, and it is
worthwhile to continue to explore these issues. The establishment of
the Abraham Lincoln National Heritage

[[Page H11957]]

Area within H.R. 1483 would accomplish these goals.
The purpose of creating this national heritage area in Illinois is to
manage, study, and promote Lincoln-related historical sites. Scattered
throughout the central Illinois landscape are countless places where
Lincoln traveled and lived. As children, we are taught the basic
history of our country, including the basic facts of President
Lincoln's life and legacy. What the history books usually don't teach
are the experiences and events that shaped President Lincoln and made
him the man he became. By designating this heritage area, we can tie
these many Lincoln sites together in order to create a tapestry that
will allow us to better understand the influences that shaped President
Lincoln's life.
During my time in Congress, I have had the unique honor of
representing all 11 counties that originally formed Abraham Lincoln's
congressional district when he served one term in the House of
Representatives. The year 2009 represents the 200th year since Abraham
Lincoln's birth. I am a co-chair, along with Senator Durbin, of the
Abraham Lincoln Bicentennial Commission, which is in charge of
celebrating this event. What better way to honor one of the most
prominent figures in American history, who affected millions of lives,
than preserving and studying further those places where he lived and
worked that had a profound effect on his later life.
I urge my colleagues to support the preservation of Abraham Lincoln's
legacy by voting in favor of H.R. 1483.
Mr. BISHOP of Utah. Mr. Speaker, I yield 3 minutes to the gentleman
from Virginia (Mr. Wolf), once again speaking in favor, and I would ask
maybe perhaps the other side would be a little bit more generous than
the last time with their giving him some additional time.
Mr. RAHALL. I beg your pardon, it's your side of the aisle that
should be yielding the time totally, but I'll be glad to yield 1
additional minute to the gentleman from Virginia, who has been very
instrumental in crafting this legislation, and I appreciate his help.
(Mr. WOLF asked and was given permission to revise and extend his
remarks.)
Mr. WOLF. Mr. Speaker, I thank the gentlemen. I want to thank the
chairman very much for his help and his support and your staff. I also
want to honor Mr. Regula, who has probably made such an impact on these
issues over the many, many, many years.
I rise in strong support of this. The journey through hallowed
grounds is hallowed growth. It begins with Monticello where Jefferson
came out and wrote those words ``that all men are created equal,
endowed by their Creator.'' Ronald Reagan said those words were a
covenant, a covenant with not only Americans but with the entire world.
Then we move up to Antietam, Antietam where President Lincoln took
that win, that battle, that victory there of 20,000 deaths and then had
the Emancipation Proclamation. That is hallowed ground because when you
walk in 1 day, 20,000 people died.
And then we move up to Gettysburg, Gettysburg where President
Lincoln, probably the greatest or second greatest President after
President Washington, gave that famous speech that made sure the Union
came together.
This is hallowed ground. It is areas that we have helped define
ourselves and who we are and why we are who we are.
Also in this area is Monroe's house, Oak Hill; Montpelier, President
Madison; also Zachary Taylor's home; Eisenhower's farm; Teddy
Roosevelt's cabin; Kennedy's house; Marshall's house, who helped devise
the Marshall Plan. This will help commemorate, preserve and promote.
Let me read you what David McCullough said. He said, ``This is the
ground of our Founding Fathers. These are the landscapes that speak
volumes, small towns, churches, fields, mountains, creeks and rivers
with names such as Bull Run and Rappahannock. They are the real thing,
and what shame we will bring upon ourselves if we destroy them.''
For those who have objected, this is what the bill says: nothing in
the subtitle alters any duly adopted land use regulation, approved land
use plan or other regulatory authority of any Federal, State, tribal or
local agency.
It goes on to say: nothing in this subtitle conveys any land use or
other regulatory authority to any local or coordinating entity.
And the bottom line is, this bill cannot and does not affect the
rights of any property owner.
In closing, let me say here's what Lincoln said. When Lincoln was in
this area he said, ``We cannot dedicate, we cannot consecrate, we
cannot hallow this ground. The brave men, living and dead, who
struggled here, have hallowed it far above our poor power to add or
detract.''
This region, this area is sacred. It is hallow. I strongly urge my
colleagues on both sides of the aisle, please pass this bill so we can
preserve and protect and promote together, to educate our young people
so when they hear the word ``Antietam'' they understood what took
place; when they hear about ``Gettysburg'' they understood what took
place; when they read the Declaration of Independence, they honor the
men who said we give our lives, our fortunes and our sacred honor.
I urge an ``aye'' vote for this and again want to thank Mr. Rahall
very, very much and his staff and Mr. Regula for his leadership, not
only on this but on all of these park issues and all of these important
preservation issues over the many, many years.
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the gentleman from
Alabama (Mr. Cramer).
Mr. CRAMER. Mr. Speaker, I thank the chairman.
Mr. Speaker, I rise today in strong support of today's legislation,
amending the Omnibus Parks and Public Lands Management Act of 1996.
I would like to applaud Chairman Rahall and his commitment to
preserving our Nation's heritage. I would also like to thank
Subcommittee Chairman Grijalva and members of the National Parks,
Forest and Public Lands Subcommittee for their consideration of this
important legislation.
Also, I would like to congratulate Mr. Regula for his leadership over
many years and offering today's basic underlying bill.
There's been some harsh criticism of this process. My area, the
Muscle Shoals National Heritage Area, is one of the six new heritage
areas included in this bill. This process has worked the way I would
assume a process like this should work.
It has taken us years to bring our counties together, six counties in
the northwest corner of Alabama, the birthplace of Helen Keller, the
birthplace of W.C. Handy. There's so much rich history there, but we
have not had the opportunity to partner with the private sector to
develop a management plan, a feasibility study to come up with a
management entity that could further the issues that we want to help
preserve for our area. This whole process has allowed us to do that,
and I think that's the way this process should work.
Look, we will have the public sector much more involved with us. We
have a Helen Keller Festival every year at her birthplace, Ivy Green.
Her home has deteriorated. It is an embarrassment to the country. It's
an embarrassment to our area how much it's deteriorated. But now the
public and private sector are coming together to preserve that
homeplace and to make sure that the festival that honors her heritage
there is one that's carried on in surroundings that it should be
carried on.
As I said earlier about the process, a woman there, Nancy Gonce,
teamed with the University of Alabama and brought together resources
from all over that section of Alabama to make sure that we had the
chance to have this national heritage area determined there.
I congratulate this process and urge the passage of this bill.

{time} 1100

Mr. BISHOP of Utah. Mr. Speaker, I am pleased to yield 7 minutes to
the gentleman from Maryland (Mr. Bartlett).
(Mr. BARTLETT of Maryland asked and was given permission to revise
and extend his remarks.)
Mr. BARTLETT of Maryland. Thank you very much for yielding.
Mr. Speaker, I rise in opposition to H.R. 1483 and urge my colleagues
to vote ``no'' on this bill.
The Journey Through Hallowed Ground is not Mr. Wolf's bill. It is a

[[Page H11958]]

Democrat substitute bill that has been added to a larger bill, H.R.
1483, that is also a Democrat substitute bill. H.R. 1483 reflects a big
government, big spending philosophy that tramples over taxpayers'
interests and private property rights established and considered
fundamental by revered American leaders such as Thomas Jefferson and
Abraham Lincoln. What's more, it is being brought up under a closed
rule. An amendment I offered to ensure majority voting control by
congressional district residents over decisions by management entities
affecting sites in their district located within heritage areas was
rejected.
I was an enthusiastic supporter of the establishment of the Journey
Through Hallowed Ground when it was perceived as a collective marketing
effort. I thought, gee, what a great idea to include in one marketing
effort all these grand historic sites in these four States, many of
which are in the district I have the honor of representing. The Battle
of Monocacy, the Battle of South Mountain, the Battle of Antietam, the
C&O Canal that was mentioned by my friend, Mr. Regula, are all in my
district. What a grand name for it, the Journey Through Hallowed
Ground. In fact, this was such a great idea, it was such a fantastic
name, that I was a little embarrassed when I thought to myself, gee,
Roscoe, why didn't you think of that, such a great idea. Then,
regrettably, it has metamorphosed into this big government, big
spending bill. If you read the fine print in this bill, you will see
that there is a Virginia-based, Virginia-controlled designated
management entity that has an exclusive vision that I don't think is
consistent with most of the voters in my district.
I have consistently stated and testified on both September 28, 2006,
and March 8, 2007, that any Federal legislation to create the Journey
Through Hallowed Ground Heritage Area should retain local control of
its management by Marylanders concerning sites in Maryland. I also
believe that if the value of land is reduced as a result of actions by
the management entity, or local zoning ordinances, for instance, then
affected property owners should be compensated at fair market value. I
don't only think this, this is a requirement of the fifth amendment of
the Constitution. We have taken value from their land, and we need to
compensate them for that. We almost never, ever do that. If the fifth
amendment of the Constitution were, in fact, honored, most of the
governments would be bankrupt because they couldn't pay for the value
they had taken from their taxpayers' lands. It is unwarranted to spend
$15 million of taxpayers' money to protect and promote the Journey
Through Hallowed Ground. This is such a great idea. There is plenty of
money out there in the private sector. We don't need Federal money to
do this. Supporters of H.R. 1483 have consistently refused to
incorporate protections of taxpayers and private property owners. That
is why I introduced an alternate bill, H.R. 1270, and approved an
amendment to remove the Sixth District of Maryland if we couldn't have
majority voting rights. That was defeated in committee on a party-line
vote. Actions by management entities and the $135 million in taxpayers'
money that will be matched and spent by management entities speak
louder than the weak and toothless language in section 2009.
Let me just quote a couple of things from some outside groups that
have looked at this. First from Americans for Tax Reform/Property
Rights Alliance Vote Alert: ``We urge all Members to side with
Americans and protect the right of land use by voting 'no' on H.R.
1483.''
From the National Taxpayers Union: ``NTU urges all Members to vote
`no' on H.R. 1483. NTU testified against H.R. 1483 in committee, and
we're dismayed to see that the bill has grown in both cost and
potential harm since introduction. Rollcall votes on H.R. 1483 will be
significantly weighted in our annual Rating of Congress.''
From the Heritage Foundation, in a report that they issued called
``National Heritage Areas: Costly Economic Development Schemes that
Threaten Property Rights, Backgrounder 2080:''
``In fact, non-National Park Service funds amount to nearly 70
percent of the costs associated with the national heritage areas. If
this pattern continues, H.R. 1483 would lead to an additional $270
million in NHA spending by Federal, State, local and not-for-profit
entities.''
``One of the most controversial aspects of H.R. 1483 is the
establishment of the Journey Through Hallowed Ground,'' which is in my
district. ``The effort is sponsored and promoted by mainly two
factions, Virginia-based environmental groups with a long history of
opposition to most residential and commercial development in the region
and wealthy estate owners who would benefit from the cachet and
exclusivity that the designation might bring. The opposition includes
local property owners and a large majority in Congress.
``Other NHAs have used their federally acquired authority to impose
restrictive zoning requirements on the region's property owners to
limit development and/or to force it into directions agreeable to those
who guide the management of the NHA.''
Let me review. Members may be concerned that H.R. 1483 would, one,
increase Federal funding by 50 percent from $10 million to $15 million
per national heritage area, an amount neither requested nor reviewed in
hearings, with total additional Federal spending of $135 million.
Two, it would expand the boundaries of three existing national
heritage areas and, in addition, it would create six new national
heritage areas, including the Journey Through Hallowed Ground, at a
total initial authorization of $90 million.
It would reauthorize, increase and extend Federal funding for nine
existing national heritage areas through 2012 at an additional cost of
$45 million.
All of our Nation's founders knew of the intimate connection between
personal liberty, taxpayers' interests and property rights. H.R. 1483
tramples over, rather than honors, these hallowed principles.
Mr. RAHALL. Mr. Speaker, may I ask how much time is left on both
sides.
The SPEAKER pro tempore. The gentleman from West Virginia has 17\1/2\
minutes, and the gentleman from Utah has 8 minutes.
Mr. RAHALL. Mr. Speaker, I am honored to yield 2 minutes to the
gentleman from Massachusetts (Mr. Olver) who has been very instrumental
in crafting this legislation.
Mr. OLVER. I thank the gentleman from West Virginia for yielding time
and for his dedicated leadership of the Resources Committee.
Mr. Speaker, I rise in strong support of H.R. 1483, but I will
address my specific comments to subtitle D of title II which authorizes
the Freedom's Way National Heritage Area.
New England provided four of our original 13 States and has been long
associated with our Nation's formative years, our major social and
intellectual movements and, of course, great natural beauty. The area
that comprises the proposed Freedom's Way National Heritage Area, which
is included in this bill, has provided the backdrop for many other
events and movements that shaped America.
Freedom's Way includes 37 communities in Massachusetts and eight in
New Hampshire that are historically rich. Freedom's Way chronicles and
celebrates the Revolutionary War stories of Lexington and Concord.
Additionally, the free religious expression and social movements of the
Shakers and Transcendentalists had their roots in the region. The area
also hosted the social justice and the social criticism development
found in the writings of Emerson, Hawthorne, Alcott, Fuller and
Thoreau. And finally, the movements for the abolition of slavery,
women's rights and environmental conservation all have roots within the
boundary of Freedom's Way.
The proposed initiative embodies the National Park Service's criteria
for national heritage areas. It will conserve historic, cultural,
scenic and natural resources for the benefit of current and future
generations. The idea has received widespread support from local
residents and has the support from every Member of the House whose
district includes a portion of the proposed area.
With this designation, the communities included will benefit from
better resources to create a cohesive learning experience, using the
natural setting and historical and cultural artifacts to tell the story
of American democracy.

[[Page H11959]]

I urge all my colleagues to support H.R. 1483.
Mr. BISHOP of Utah. Mr. Speaker, I submit for the Record a letter
signed by 110 organizations interested in property rights who are
opposed to this particular bill, including such groups as the Taxpayers
Union, a supervisor in the affected area, Property Rights Foundation of
America, Family Research Council and a mayor in my district.

Coalition Letter Detailing Risks of National Heritage Area Designation

The following letter--signed by a diverse group of more
than 110 organizations, elected officials and citizens--was
delivered on September 4 to Senate Majority Leader Harry
Reid, Senate Minority Leader Mitch McConnell, House Speaker
Nancy Pelosi, House Minority Leader John Boehner, Senate
Energy and Natural Resources Committee Chairman Jeff
Bingaman, Senate Energy and Natural Resources Committee
Ranking Member Pete V. Domenici, House Committee on Natural
Resources Committee Chairman Nick Rahall, House Committee on
Natural Resources Ranking Member Don Young as well as all the
members of the House and Senate Natural Resources Committees.
Dear [Elected Official]: The U.S. Supreme Court ruling in
Kelo v. City of New London ignited a national outcry against
government abuse of property rights. The ``bridge to
nowhere'' and other wasteful programs triggered angry
protests against the practice of earmarking National heritage
areas are the Kelo decision and earmarks rolled into one.
National heritage areas are preservation zones where land
use and property rights can be restricted. They give the
National Park Service and preservation interest groups (many
with histories of hostility toward property rights)
substantial influence by giving them the authority to create
land use ``management plans'' and then the authority to
disburse federal money to local governments to promote their
plans.
As a March 2004 General Accountability Office report on
heritage areas states: ``[National heritage areas] encourage
local governments to implement land use policies that are
consistent with the heritage areas' plans, which may allow
the heritage areas to indirectly influence zoning and land
use planning in ways that could restrict owners' use of their
property.''
The proposed ``Journey Through Hallowed Ground National
Heritage Area Act'' provides a good case study on how
heritage areas can be self-perpetuating federal pork and
influence projects. The chief lobbying organization for this
heritage area, the Journey Through Hallowed Ground
Partnership, received a one million-dollar earmark in the
2005 federal transportation bill at the behest of Members of
Congress sponsoring legislation to establish this heritage
area--an earmark that was granted before the organization was
even incorporated. A million-dollar earmark thus was issued
to help create a steady stream of future pork, at the expense
of the rights of local landowners.
We believe zoning and land use policies are best left to
local officials, who are directly accountable to the citizens
they represent. National heritage areas corrupt the principle
of representative government and this inherently local
function by giving unelected, unaccountable special interests
the authority to develop land management plans and federal
money with which to finance their efforts.
Once established, National heritage areas become permanent
units of the National Park Service, and as such, permanent
drains on an agency that currently suffers a multibillion-
dollar maintenance crisis. According to the GAG, ``sunset
provisions have not been effective in limiting federal
funding [for National Heritage Areas]: since 1984, five areas
that reached their sunset dates received funding
reauthorization from the Congress.''
Supporters of new heritage areas have the public will
precisely backward: Americans want stronger property rights
protections and less pork-barrel spending--not more earmarks
to programs that harm property rights.
Please do not support the creation of additional national
heritage areas or federal funding for heritage area
management entities, support groups, or groups that lobby for
or advocate the creation of new heritage areas.
Sincerely,
David Ridenour, Vice President, National Center for
Public Policy Research; J. William Lauderback,
Executive Vice President, The American Conservative
Union; John Berthoud, President, National Taxpayers
Union; Paul Poister, Executive Director, Partnership
for the West; Larry Pratt, Executive Director, Gun
Owners of America; William Niemeyer, Mayor, City of
West Alton, MO; Ryan Ellis, Executive Director,
American Shareholders Association; Peter Flaherty,
President, National Legal and Policy Center; Steve
Snow, Supervisor, Loudoun County, VA; Carol W.
LaGrasse, President, Property Rights Foundation of
America; Paul M. Weyrich, National Chairman, Coalitions
for America; Tom McClusky, Vice President of Government
Affairs, Family Research Council; Jay Lehr, Science
Director, The Heartland Institute; Jim Martin,
President, 60 Plus Association; Bill Moshofsky, Vice
President, Oregonians In Action; Niger Innis, National
Spokesman, Congress of Racial Equality; Gregory Cohen,
President and CEO, American Highway Users Alliance.
Richard Falknor, Executive Vice President, Maryland
Taxpayers Association, Inc.; Linda C. Runbeck,
President, American Property Coalition; Thomas K.
Remington, Managing Editor, U.S. Hunting Today; Fred L.
Smith, President, Competitive Enterprise Institute;
Matt Kibbe, President, Freedom Works; Mychal Massie,
Advisory Council Chairman, Project 21; Steve Baldwin,
Executive Director, Council for National Policy Action,
Inc.; Caren Cowen, Executive Director, New Mexico
Cattle Growers' Association; Randy T. Simmons, Mayor,
Providence City, UT, Professor, Utah State University;
Donald E. Wildmon, Founder and Chairman, American
Family Association; Leroy Watson, Legislative Director,
National Grange; Kelsey Zahourek, Executive Director,
Property Rights Alliance; Roy Cordato, Ph.D., VP for
Research and Resident Scholar, John Locke Foundation;
Tom DeWeese, President, American Policy Center; Rachel
Thomas, Property Rights Advocate, Huachuca City, AZ;
Rose Ellen Ray, Treasurer, Citizens for Property Rights
Loudoun County, VA.
Paul Driessen, Senior Policy Advisor, Center for the
Defense of Free Enterprise; Maxine Korman, Korman
Ranch, Hinsdale, Montana; Gerald Hobbs, President,
Public Lands for the People; John Grigsby, Vice
President, Taxpayers for Accountable Government; Don
Parmeter, Executive Director, American Property
Coalition; Leo Schwartz, Chairman, Virginia Land Rights
Coalition; Pat King, Anvil Ranch, Tucson, AZ; Tom
Borelli, Ph.D., Portfolio Manager, Free Enterprise
Action Fund; John and Connie Morris, Members, Tongue
River Watershed Alliance, and MT and WY Farm Bureaus;
Brad VanDyke, Representative, Rural Utahns for Local
Solutions; Jerry Hamilton, Environmental Coordinator,
Formation Capital Corporation; F. Patricia Callahan,
President and General Counsel, American Assoc. of Small
Property Owners; Lew Uhler, President, National Tax
Limitation Committee; Jon Caldara, President,
Independence Institute; Dan Byfield, President,
American Land Foundation; John Taylor, President,
Tertium Quids.
Susan Carlson, Chairman and CEO, American Civil Rights
Union; Gary Palmer, President, Alabama Policy
Institute; Lenore Hardy Barrett, State Representative,
Idaho; Jonathan DuHamel, President, People for the
West-Tucson; Jack and Patricia Shockey, President and
Director, Citizens for Property Rights; Fred Grau,
Executive Director, Take Back Pennsylvania; Mike Dail,
Chairman, American Land Foundation; Chuck Cushman,
President, American Land Rights Association; James
Stergios, Executive Director, Pioneer Institute; Deneen
Borelli, Fellow, Project 21; Marilyn Hayman, Chairman,
Citizens for Responsible Zoning and Landowner Rights;
C.J. Hadley, Publisher/Editor, Range Magazine;
Elizabeth Arnold, Grassroots Consultant, Environmental
Community Outreach Services, Juneau, AK; Greg
Blankenship, President, Illinois Policy Institute; Bill
Wilson, President, Americans for Limited Government;
Jane Hogan, Secretary, Ontario Hardwood Company, Inc.
Katherine Lehman, President, People for the USA Grange
#835; Howard Hutchinson, Executive Director, Coalition
of Arizona/New Mexico Counties; C. Preston Noell III,
President, Tradition, Family, Property, Inc.; Dr.
William Greene, President, RightMarch.com; Leo T.
Bergeron, President, Upper Mid-Klamath Watershed
Council; Eugene Delgaudio, President, Public Advocate
of the U.S., Inc.; Leri M. Thomas, Ph.D., Charter
Member, Virginians for Property Rights; John
McClaughry, President, Ethan Allen Institute; Richard
O. Rowland, President, Grassroot Institute of Hawaii;
James W. Jarrell, Sr., Board Member, Virginia Bear
Hunters Association; Erich Veyhl, Publisher, Maine
Property Rights News; Dane vonBreichenruchardt,
President, U.S. Bill of Rights Foundation; Mark
Williamson, Founder and President, Federal
Intercessors, New Mexico Federal Lands Council, New
Mexico Wool Growers, Inc.; Beth Machens, Board of
Aldermen, City of West Alton, MO .
Janet M. Neustadt, Board of Aldermen, City of West Alton,
MO; William J. Richter, Board of Aldermen, City of West
Alton, MO; Deborah Anderson, Treasurer, City of West
Alton, MO; Susan Silk, City Clerk, City of West Alton,
MO; Charlotte Meyers, Assistant Administrator, City of
West Alton, MO; Ora B. Anderson, Jr., Planning and
Zoning Commission, City of West Alton, MO; Ray
Ponciroli, Board of Aldermen, City of Portage, MO; Army
Ridenour, Director, Americans for the Preservation of
Liberty; Bruce Colbert,

[[Page H11960]]

Executive Director, Property Owners Association of
Riverside County, CA; Randall and Ruth Lillard, Farmers
and Landowners, Madison County, VA; Joyce Morrison,
Farmer and Agricultural Environmentalist, Fieldon, IL;
Donald Castellucci, Jr., Councilman, Town of Owego,
Tioga County, NY; Milari Madison, Property Owner,
Loudoun County, VA; Robert L. Sansom, Farmer and
Landowner, Madison County, VA; Mary E. Darling,
Sonoita, AZ.
James Vadnais, Port Angeles, WA; Floyd Rathbun, Fallon,
Nevada; Steven and Peggy Breen, Boise, Idaho; Peggy
Bogart, Access Advocate; Dan Goulet, Portland, OR;
Susan Freis Falknor, Bluemont, VA; Harold L. Stephens,
Member, Citizens to Protect the Confluence; Jerry
Fennell, Chairman, Jicarilla Mining District; Bonner R.
Cohen, Ph.D., Senior Fellow, National Center for Public
Policy Research; Judy Keeler, Secretary, Bootheel
Heritage Assoc. (Animas, NM); Alexandra H. Mulkern,
Mechanicsville, MD; Lee Riddle, Brookings, OR; Stephen
L. Ralston, Columbia, PA; Mark Pollot, Boise, ID; Billy
Jean Redemeyer-Roney; D.J. McCarthy, Civil Engineer;
Clifton McDonald, Needles, CA; Kirk and Jeri Hansen,
Clayton, ID; Suzanne Volpe, Sterling, VA.

With that, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, with the development of such strong
bipartisan legislation of this nature, it obviously takes a lot of work
by Members' staffs on both sides of the aisle and by members of the
originating committee, our Committee on Natural Resources, as well.
I yield 3 minutes to the distinguished gentleman from Arizona, Mr.
Raul Grijalva, one of those gentlemen that has taken the reins of
leadership this year as chairman of our Parks Subcommittee and done a
tremendous job.
Mr. GRIJALVA. Let me thank the chairman for the time.
Mr. Speaker, I am pleased to be here to support H.R. 1483 as chairman
of the subcommittee, but also supporting the larger heritage area bill.
One section in particular that applies to my community is the
designation of a new heritage area in the Santa Cruz Valley of Arizona.
The Santa Cruz Valley has national significance and deserves the
recognition that this designation would bring and highlight what is a
shared border with Mexico. The Santa Cruz Valley encompasses many
diverse cultures and histories. These include native peoples whose
heritage dates back 13,000 years, and the descendants of Spanish,
Mexican and American territorial settlers who shaped the region, its
land, its customs and its traditions from the 1690s to the present
date.
For me it's an important designation. I grew up on a ranch, Canoa
Ranch, that is located within the Santa Cruz Valley. It's a historic
ranch, been designated as such and presently is being renovated to
bring and highlight what that ranch life was in the 1800s and 1900s.
The towns and cities of the Santa Cruz Valley support this. The
amount of support that this proposal has is truly outstanding. I want
to say something not only about the Santa Cruz Valley and its
importance, but I think it transcends the discussion that we are having
about heritage areas. Heritage areas, through the designation, is also
a recognition of a mosaic, a mosaic of history, people, traditions, the
environment, a mosaic that shapes this country. Each one is as
different and diverse as our Nation. To get to a designation point
takes a great deal of work and cooperation among communities and
peoples, and that's what we are acknowledging with heritage areas, the
work that went into it, the diversity of this great Nation of ours, and
the mosaic that makes this Nation of ours as special and privileged as
it is in the world.
I would also like to say that we are going to hear things about
taking property rights, the cost. A GAO study was commissioned, and
many of the organizations which have been submitted for the record as
private property rights advocates were solicited to provide specific
examples where heritage areas did indeed interfere with, take or
prohibit the use of someone's private property. Not one instance came
up in that study. I just want to reaffirm that these projects, these
heritage areas are cooperative, bipartisan and truly deserving of the
designations. I want to thank the chairman for the entire bill.
Mr. BISHOP of Utah. Mr. Speaker, the GAO report that was just
referenced, it is one of those unique things, not wishing to actually
criticize the Federal Government for what they do, but in the entire
report, not one property owner was interviewed, not a single property
attorney was interviewed, nor a Realtor, nor appraiser, nor a local
zoning official. Simply put, the report neglected to ask those who
actually know what the impact of a heritage area has on the property
rights and values of their land.
Mr. Speaker, I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from California, Mr. Sam Farr.
Mr. FARR. Thank you, Mr. Chairman, for yielding.
Mr. Speaker, it's a pleasure to rise as a former member of this
committee and to congratulate the chairman and the ranking member and
the fellow committee members for bringing this bill to the floor. Much
of the committee work in the past, I think, was focused a lot on the
Federal lands in the West. This bill, interestingly enough, focuses on
land mostly east of the Mississippi.
Congressional authorization is essential to sound management of these
important places. But this just isn't about land designation; it's
about the beauty and heritage of American spirit, our cultural spirit.
As cochair of the House Tourism Caucus, we have learned that we need
to increase travel in this country, particularly outreaching to foreign
visitors, because the image of the United States around the world is
not that good.
However, visitors coming to this country, seeing this beautiful land,
and meeting the people in this country, and looking at our history and
our beauty of what I think is the best culture in the world, the
American spirit, can only be done by showing them places that we have
preserved, so that it's just not all sort of sprawled-out urbanism.
These special places need to be protected, because they need the
guidance of a good government structure like the Federal Government
along and in partnership with State and local government. I want to
associate myself with the words of the other speakers that have long
been involved in land-use planning and land use, and there has never
been an eminent domain or taking of this land.

{time} 1115

In fact, the prices, if they do buy them, are agreed upon by the
landowner, and they're agreed upon without having to have any disputes.
So I think it's worked very, very well.
America is a beautiful place, but it's beauty is not just in its
scenery. It's also in its people and the people's heritage.
I urge my colleagues to authorize the celebration of America's great
assets, this bill, the heritage of our people.
Mr. BISHOP of Utah. Mr. Speaker, I would like to yield an additional
2 minutes to the sponsor of this particular bill, the gentleman from
Ohio (Mr. Regula).
(Mr. REGULA asked and was given permission to revise and extend his
remarks.)
Mr. REGULA. Mr. Speaker, I thank the gentleman for yielding, and I
want to commend Chairman Rahall and the staff for their effective
working on this.
This is a people's bill because what it does is allows the local
communities to develop their heritage legacy. As Mr. Wolf pointed out,
the historic corridors, as was pointed out also by Mr. LaHood, would
bring these things to life. It would bring these battlefields to life
to understand what happened there and how important that is to our
Nation's heritage as a people, how important it is in the case of
Lincoln, as to what his life has meant to all of us.
And it's no encroachment on local control. In fact, it's the epitome
of local control, because the decision to make heritage corridors work
is up to the people. In our own experience, as I say, we've raised over
250 million private dollars to match something like 8 or 9 million of
Federal dollars.
But putting the Federal imprimatur on this gives it a certain status
that allows foundations, that allows private individuals to contribute
to making these corridors a success.
And as I said earlier, it enhances family values. It enhances
property values. It enhances understanding.

[[Page H11961]]

I'll never forget going out, to our corridor, where we had a group of
students from the inner city as part of a summer work program, cleaning
up the right-of-way where we now have the towpath. And these two young
students who for the first time in their life, saw a turtle. It was a
whole new experience for them. I said to them, Keep your finger out of
that turtle's mouth.
But it illustrates how historic corridors are so much a part of
everyone's heritage, to understand environmental values, to understand
historical values, to understand what has made this Nation great.
And I would urge all of my colleagues to support this legislation.
This is a gift to the people of all local communities that have a
corridor.
Mr. RAHALL. Mr. Speaker, I reserve the balance of my time, as I
understand I have the right to close.
Mr. BISHOP of Utah. Do I understand you have no more speakers?
Mr. RAHALL. That's correct. And I reserve the right to close.
Mr. BISHOP of Utah. Then I'm prepared to close as well, if that's
okay.
Mr. Speaker, as I said at the very beginning of this particular
debate, on this particular bill there are elements of this bill that I
fully support and I think are wise, good moves forward. There are some
things in there that simply are not.
We have talked a lot and heard a lot about some of the better parts
of this bill. However, we're talking about heritage areas. And I'm
sorry, in all due respect, a casino as a heritage area for Niagara
Falls? Those are some of the stretches that we have in this particular
element.
When we had our committee hearing, there were several people that
were talking about the need for these new heritage areas. One
particular individual who was testifying told of the importance of
having this Federal designation, so I tried to zero in on that and ask
what it is specifically about this designation that cannot be done by
the local levels, by State government, the local entity. Give me one
thing that cannot be done that only the Federal Government can do.
There was not one element that was given until somebody behind him
simply answered that the correct answer is there are 15 million reasons
why you have this designation, and each one has a portrait of George
Washington on it.
We have all been lobbied on this bill, even though lobbying is not
allowed in this bill. We have tried to put amendments and provisions of
these parts that would clarify, clarify that lobbying could not be used
by this Federal money going to these entities, and yet the chairman's
argument against this, well, it would be making it too difficult for
heritage areas to then ask for money. Had we not had a closed rule,
some commonsense changes as, for example, where the map actually is,
should there be lobbying allowed, should there be real protection for
private property owners, should we actually define what these are, they
would have been allowed to be discussed and at least voted on this
particular bill. Unfortunately, the Rules Committee cut out that
opportunity, and now we're here with a closed bill.
Many of my colleagues who do not serve on the Resources Committee may
not be aware that the Department does not support these bills. On each
and every heritage area that we've had recommended to the committee,
the Department has asked the committee to defer action until a criteria
for heritage areas is established. And I can see why some deferment
makes sense. Perhaps we wouldn't be here debating heritage areas that
have not yet finished their feasibility studies or had their maps
prepared had we listened to that advice.
A lot of good things, but this is still a classic Christmas tree with
a lot of bad things that are hidden by the good ones.
I urge my colleagues not to support this omnibus lands bill, this
Christmas tree of lands bill, simply because there are too many bad
things that need to be fixed before it moves on.
Mr. Speaker, I yield back the balance of my time.
Mr. RAHALL. Mr. Speaker, in summation, these are not good times for
the ratings of the United States Congress in the public opinion polls.
We all know that in this body; yet I think if the American people would
see Congress in action this very moment that those poll ratings might
very well go up.
We've seen examples on this legislation of Members on both sides of
the aisle in a bipartisan, nonpartisan manner, working to preserve what
is the best of America. I look at the gentleman from Ohio (Mr. Regula),
I look at the gentleman from Virginia (Mr. Wolf), I look at the
gentleman from Illinois (Mr. LaHood) on the other side of the aisle,
and I look at the many Members on this side of the aisle from different
parts of the country, south, north, west, that have joined together in
bringing this legislation to the floor today.
Yes, we have respectful disagreements, and I respect the gentleman
from Utah's position, but we also have worked very hard in what I think
the American people want to see, and that is a nonpartisan effort to
solve this country's problems.
Now, if you looked up the word ``red herring'' in Webster's
Dictionary, the definition would be the property rights arguments that
the critics of this bill are using against this legislation.
Heritage areas have no regulatory authority. Over 60 million
Americans live in heritage areas. The entire State of Tennessee, for
example, the entire State of Tennessee is a heritage area. Almost my
entire congressional district is a heritage area. There have been no
impacts on private property rights, mining, road building, economic
development. I believe we've done quite well in each of those areas in
my congressional district, most of which is a heritage area.
And the gentleman from Arizona, the subcommittee chairman, Mr.
Grijalva, brought out very well where we've seen no instances where
there have been private property issues, no instances where such
problems have occurred.
Now, those that have expressed concern about property provisions in
this bill, let me be clear. In the 20 years plus of this program's
existence, opponents have not been able to identify one single instance
in which someone has been deprived of the use of their property as a
result of such designations as we're considering in this bill.
And nevertheless, as the gentleman from Virginia (Mr. Wolf) has
quoted, we do, in this legislation, provide extensive property, private
property provisions. These private property protections are the same
language approved by the Senate, the same language proposed by the
administration in heritage area systems bills under consideration in
this Congress, and the same language included in heritage areas bills
passed by the previous Congress under the other party's control.
The history of this program, as we have seen in repeated debate on
the floor and in committee, not to mention the GAO report which has
been referenced, has proven that there are simply no legitimate private
property issues here. It's time to move on, stop flogging this dead
horse and bringing up this red herring.
Now, the gentleman from Utah mentioned our late colleague, the
gentleman that was elected to Congress with me, the late Representative
Bruce Vento, the former chairman of the Parks Subcommittee. And the
gentleman from Utah mentioned that he did not intend for the Federal
heritage areas to last longer than 10 years. I'm reasonably sure,
however, that our late colleague did not foresee these areas having to
contend with close to $90 a barrel oil and the other increase in costs,
I might add, that the numerous heritage areas created under Republican
Congresses that were all authorized for 15 years. We have provided an
increase in authorized funding for heritage areas to ensure that
heritage areas have enough funds to get on their feet.
So the issue here is not private property rights. The issue is not
gaming in these areas. The issue is not earmarks. I would say to my
colleagues, imagine, for example, if Yellowstone National Park did not
exist and Members of Congress introduced legislation to provide for
such a crown jewel of our national park system. Would that be called an
earmark?
The issue is not lobbying by local people, our local legislators.
They have a right to try to secure that additional State and local
funding necessary to match Federal funding. We provide

[[Page H11962]]

protections. Federal law prohibits any other lobbying by local groups.
So the issue, as I conclude, Mr. Speaker, is not about earmarking,
not about lobbying, not about private property rights; it's about the
American people and protection of what is theirs and providing our
American people a place in which they can take their families, can
spend quality time of life in these times when it's so hard to spend
quantity time together, that they spend quality time together. And
that's what we're talking about in this legislation. That's what we're
talking about in our heritage areas, in America's heritage.
So I conclude by urging my colleagues on both sides of the aisle to
continue the nonpartisan, bipartisan spirit that has brought this bill
to the floor and pass this legislation by a tremendous margin.
Mr. BRALEY. Mr. Speaker, I rise today in support of H.R. 1483, the
Celebrating America's Heritage Act. As an original co-sponsor of this
important legislation, I fully support the reauthorization of the
National Heritage Areas.
I am especially pleased that this bill authorizes additional funding
for Silos and Smokestacks National Heritage Area in Iowa, and also
pleased that the bill establishes six new Heritage Areas, because they
have so much to offer. My District, the 1st District of Iowa, is home
to Silos and Smokestacks, one of the 37 current federally designated
heritage areas in the Nation. Silos and Smokestacks covers 20,000
square miles, and 37 counties in Iowa, and preserves and tells the
story of Iowa and American agriculture, both past and present. Silos
and Smokestacks also helps convey the global significance of Iowa and
American agriculture through partnerships and activities that celebrate
and honor the land, people, and communities of the area. Agriculture in
Iowa is as crucial as it ever was, but has evolved significantly.
Through museums, farms, schools, and historical societies, Silos and
Smokestacks takes visitors on a tour through Iowa's rich agricultural
history, shows how Iowa farmers have come to be where they are today,
and supports the hope for a strong and prosperous agricultural future.
I urge all of my colleagues to support our Nation's National Heritage
Areas, and to vote in support of this bill today.
Mr. LoBIONDO. Mr. Speaker, I rise today to urge my colleagues to
support H.R. 1483, which includes legislation to extend the
authorization of the New Jersey Coastal Heritage Trail Route. I would
first like to take this opportunity to thank my colleagues in the New
Jersey delegation for their continued support of this extension. I
would also like to thank Chairman Rahall, Ranking Member Young and
their staff for their support and guidance.
Established by Congress in 1988, the New Jersey Coastal Heritage
Trail incorporates the very best of what the great State of New Jersey
has to offer to the rest of the Nation. The Trail unifies New Jersey's
many scenic points of interest. These points of interest include a
wealth of environmental, historic, maritime and recreational sights
found along New Jersey's coastline, stretching 300 miles from Perth
Amboy in the north, Cape May in the extreme southern tip of the State
and Deepwater to the west.
The Trail's area includes three National Wildlife Refuges, four
tributaries of a Wild and Scenic River system, a Civil War fort and
National cemetery, several lighthouses, historic homes, and other sites
tied to southern New Jersey's maritime history. Through a network of
themes and destinations, the New Jersey Coastal Heritage Trail connects
people with places of historic, recreational, environmental and
maritime interest.
One exciting aspect of the Trail is its focus on maritime history.
There is a rich story to be told about the industries once sustained by
the Delaware Bay, such as whaling, shipbuilding, crabbing and the
harvesting of oysters. While we often define our Nation's history
through military or political milestones, the Trail will serve to
remind visitors that maritime-dependent commerce was a major factor in
the growth of the United States.
``Eco-tourism'' along the Trail has proven to be a huge success.
There is an abundant variety of natural habitats and species to be
found on the Trail. Whale and dolphin watching have become extremely
popular, and bird lovers from throughout the country, and in fact
around the world, are realizing what Southern New Jersey residents have
known all along: our region is unmatched for observing migratory birds,
ospreys and bald eagles.
The Trail has also helped to foster important partnerships between
the Federal government and individuals, groups, corporations, State and
local governments. Since the Trail began, these partnerships have
resulted in additional funding amounting to almost double the
investment of the Federal government.
Legislation reauthorizing the Trail was included in S. 203, the
National Heritage Areas Act of 2006, which the President signed into
law in October of 2006. S. 203 requires a strategic plan for the Trail
to be prepared ``Not later than 3 years after the date on which funds
are made available.'' Unfortunately, under S. 203, the Trail is only
reauthorized through September 30, 2007.
The language pertaining to the Trail included in H.R. 1483 has the
support of the entire New Jersey Congressional delegation. It would
extend the authorization of the Coastal Heritage Trail Route in New
Jersey until September 30, 2011. This would allow for adequate time to
complete the required strategic plan, which will explore opportunities
to increase participation by private and public interests, as well as
organizational options for sustaining the Trail. S. 1039, a bill
containing language very similar to the Trail language in H.R. 1483,
was introduced in the Senate in March.
Since its inception, the New Jersey Coastal Heritage Trail has not
only helped New Jersey residents develop pride, awareness, experience
with, and understanding of our coastal resources and their history, it
has encouraged visitors to explore this area, bringing with them much
needed tourism dollars. The extension of the authorization contained in
H.R. 1483 will allow the Trail to continue and flourish. I urge my
colleagues in the House to support this legislation.
Mr. YOUNG of Alaska. Mr. Speaker, I have several concerns with H.R.
1483. While I may support several subtitles within this bill, changes
have been made that harm the positive intent of the legislation.
An unexpected and unrequested increase, from $10 million to $15
million, in the authorization for new Heritage Areas was inserted by
the Majority. No hearings have been held to discuss this change and we
do not understand why it is warranted. The cost of this bill has
ballooned to over $135 million.
I have further reservations because the closed rule does not provide
two Members of the House the opportunity to adequately represent their
districts. Mr. Bartlett and Mr. Goode have expressed concerns that they
do not want to be included in these Heritage Areas and would prefer to
be removed. I believe a Member has the right to represent his district
and decide which Federal designations will be created over his
constituents.
The committee has heard concerns that this bill would exacerbate the
problem of Heritage Areas and their inability to operate without
Federal funds. Heritage Areas are supposed to become self-sufficient:
they were designed with that goal and that intent. This simply delivers
more money to those heritage areas that have run through their
authorization. The National Park Service testified that no National
Heritage Area has succeeded in becoming self-sufficient.
We have seen evidence that the National Park Service and some
Heritage Areas are violating public law by using Federal funds for
lobbying. They go so far as to instruct other groups on how to start
new Heritage Areas and further this problem.
In committee we sought to strengthen the private property rights
protections. My Democrat colleagues believe this is the cure to a
problem that does not exist. I urge them to reconsider and adopt real
property protections that allow owners to withdraw from Heritage Area
boundaries. This protection has been given to the last twelve Heritage
Areas and should not be denied any new Heritage Areas.
Finally, the committee has learned that Heritage Area boundaries may
be used to impede the placement of critical energy transmission lines.
At a time when the national grid is already heavily taxed and the
threat of blackouts loom, we should not build obstacles to providing
Americans with reliable energy.
Mr. SHULER. Mr. Speaker, I rise today in support of H.R. 1483,
Celebrating America's Act of 2007, to amend the Omnibus Parks and
Public Lands Management Act of 1996 to extend authorizations of certain
natural heritage areas, including the Blue Ridge Natural Heritage Area,
and for other purposes.
The mission of the Blue Ridge National Heritage Area is to protect,
preserve, interpret, and develop the unique natural, historical, and
cultural resources of western North Carolina for the benefit of present
and future generations, and in so doing to stimulate improved economic
opportunity in the region.
This bill extends authorization of the existing Blue Ridge National
Heritage Area, a landscape full of superlatives: the highest mountain,
Mount Mitchell; deepest gorge, Linville Gorge; and highest waterfall,
Whitewater Falls in the eastern United States; the oldest river in
North America, the New River; and the two most visited National Park
lands in the country, the Blue Ridge Parkway and the Great Smoky
Mountains National Park. The region is home to the Eastern Band of the
Cherokee Indians who continue to preserve many facets of traditional
Cherokee culture.
I am especially pleased that this legislation extends and increases
authorization of funds for the Blue Ridge National Heritage Area and

[[Page H11963]]

others, and I urge my colleagues to vote in favor of this legislation
and support enhancing our natural and cultural heritage for future
generations.
Mr. BARTON of Texas. Mr. Speaker, I rise today to comment on one
aspect of H.R. 1483: the effect of the designation of National Heritage
Areas on the development and siting of needed energy infrastructure.
Some of these National Heritage Areas fall within National Interest
Electric Transmission Corridors that were recently designated by the
Department of Energy. Development and siting of new electric
transmission was an important part of the Energy Policy Act of 2005,
and the designation of National Interest Electric Transmission
Corridors is a critical component in getting that new transmission
built.
Originally, there was concern that the designation of National
Heritage Areas could impede the development of new energy
infrastructure, even if that infrastructure were in a National Interest
Electric Transmission Corridor. Bipartisan compromise language that has
been added to the bill, along with language in the Committee Report
accompanying H.R. 1483, makes it clear that the designation of a
National Heritage Area should not impede the development of necessary
energy infrastructure. Specifically, I understand that compromise
language has been added to clarify that nothing in the bill ``alters
any duly adopted land use regulation, approved land use plan, or other
regulatory authority (such as the authority to make safety improvements
or increase the capacity of existing roads or to construct new roads)
of any Federal, State, Tribal, or local agency, or conveys any land use
or other regulatory authority to any local coordinating entity,
including but not necessarily limited to development and management of
energy or water or water-related infrastructure.'' I believe that this
language and the accompanying report language makes it clear that a
State public utility commission or the Federal Energy Regulatory
Commission should not consider the fact that an area is a National
Heritage Area as a basis to deny siting of energy infrastructure.
I commend the bill's authors for including this important
clarification.
Mr. MARKEY. Mr. Speaker, I rise today in strong support of H.R. 1483,
the ``Celebrating America's Heritage Act,'' which would, in part,
designate the Freedom's Way National Heritage Area in Massachusetts and
New Hampshire. The Freedom's Way National Heritage Area would recognize
the important historical contributions made by communities throughout
New England to the historic events of the American Revolution.
This new heritage area would include the communities of Arlington,
Lexington, Lincoln, Malden, Medford, and Wobum in my district along
with 39 other communities throughout Massachusetts and New Hampshire
that played a role in the birth of our Nation.
H.R. 1483 would allow for cooperation between the communities in the
heritage area and the National Park Service to conserve these special
places and develop increased recreational and educational opportunities
for these tremendous resources.
I am proud to support the creation of this important new National
Heritage Area, which will help preserve the unique history of New
England. Sometimes we forget that the small towns and cities where we
were born and live are also the birthplace of this great Nation. The
Freedom's Way National Heritage Area designation will ensure that
future generations will be able to visit, tour and learn about the
communities in New England that shaped our young Nation.
This heritage area designation will allow for the commemoration of
the important role that these New England communities played in shaping
our Nation and I urge passage of the bill.
Mr. RAHALL. I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 765, the previous question is ordered on
the bill, as amended. The question is on engrossment and third reading
of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.

Motion to Recommit Offered by Mr. Bishop of Utah

Mr. BISHOP of Utah. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. BISHOP of Utah. Yes, in it's current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:

Mr. Bishop of Utah moves to recommit the bill, H.R. 1483,
to the Committee on Natural Resources with instructions to
report the same to the House forthwith with the following
amendment:
At the end of the bill, add the following new title:

TITLE VI--APPLICATION OF CERTAIN LAWS

SEC. 6001. APPLICATION OF CERTAIN STATE AND LOCAL LAWS.

All designated and future designated lands within any
natural heritage area for which funding is provided under
this Act shall be exclusively governed by relevant State and
local laws regarding hunting, fishing, and the possession or
use of a weapon, trap, or net.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah is recognized for 5 minutes in support of his motion to recommit.

{time} 1130

Mr. BISHOP of Utah. Thank you, Mr. Speaker.
This particular motion to recommit ensures that the rights of State
and local governments within heritage area designations will be able to
regulate hunting and that it will be unharmed by this legislation.
This bill currently provides that heritage area designations shall
not diminish the right of States to regulate hunting, but it is silent
on the issue including the right to carry firearms.
The motion to recommit also clarifies that laws regarding fishing and
possession or use of a weapon or trap shall be governed exclusively by
States and localities.
The second amendment is a critical right. We want to protect our
constituents against consequences of this legislation that could harm
that right.
National parks have regulations that limit hunting and the right to
carry or possess firearms even in States and localities where it is
legally permitted. The text you see to my left is title 36 for the
National Park Service Department, and this is the language that would
prohibit in heritage areas those rights that even are currently allowed
by State and local legislation.
These regulations harm wildlife and the environment because even
local wildlife management officials are impeded in their work.
Before any attempt is made to restrict the rights of gun owners and
second amendment defenders, this motion to recommit protects their
legal existing rights now and in the future. It is important that it be
said and be said clearly.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. RAHALL. Mr. Speaker, I rise maybe not necessarily in opposition
to the motion but, nevertheless, to claim time to speak.
The SPEAKER pro tempore. Without objection, the gentleman from West
Virginia is recognized for 5 minutes.
There was no objection.
Mr. RAHALL. Mr. Speaker, this is an issue, as is typical of a
minority of the minority, that has not been mentioned one iota in any
of today's debate, in any of the committee debate developed on a
bipartisan, nonpartisan nature in bringing this bill to the floor, not
in any way brought up in any of the extensive hearings held by our
subcommittee chairman, Mr. Grijalva, and is brought up at this last
second out of the clear blue, which, again, I say should not be
surprising because it is typical of a minority of the minority to make
such efforts.
But I would ask the gentleman from Utah, is he referring to all
Federal lands? Because as I am sure he knows, the heritage areas are
not part of the national park system, the chart that he just brought
forward, nor are they under the jurisdiction of the National Park
Service. The heritage areas are part of a collaborative effort between
Federal and State and local people with local governing units with
matching dollars, not all Federal dollars, as I am sure the gentleman
knows.
So I ask that question. Are you intending this language for all
Federal lands?
Mr. BISHOP of Utah. Mr. Speaker, will the gentleman yield?
Mr. RAHALL. I yield to the gentleman from Utah.
Mr. BISHOP of Utah. As I am sure the distinguished gentleman from
West Virginia knows, each and every one of the divisions within the
Department of the Interior has different sets of rules and regulations.
BIA land would not be a problem. A national park designation would be.
So any of these heritage areas that were under the direction of the
National Park Service, and there are some within this new bill, would
fall under title 36. That's why this legislation desperately needs to
be there,

[[Page H11964]]

the same amendment that we actually did present at another time in one
of our committees.
So, yes, it's still significant. It's still important. It needs to be
there to clarify specifically. If the intent is not to change what has
been happening by the locals, this clearly sets in all these areas what
has been local will continue and State and local regulations will have
precedence.
Mr. RAHALL. I am not sure we are talking about the same definitions
here.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. BISHOP of Utah. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
The vote was taken by electronic device, and there were--yeas 344,
nays 71, not voting 17, as follows:

[Roll No. 995]

YEAS--344

Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Arcuri
Baca
Bachmann
Bachus
Baird
Baker
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Berkley
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Cardoza
Carnahan
Carney
Carter
Castle
Chabot
Chandler
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Costa
Costello
Courtney
Cramer
Crenshaw
Cubin
Cuellar
Cummings
Davis (AL)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Ellsworth
Emanuel
Emerson
English (PA)
Eshoo
Etheridge
Everett
Fallin
Fattah
Feeney
Ferguson
Filner
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Hall (NY)
Hall (TX)
Hare
Harman
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinojosa
Hobson
Hodes
Hoekstra
Holden
Hooley
Hulshof
Inglis (SC)
Inslee
Israel
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, Sam
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Lampson
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Levin
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Markey
Marshall
Matheson
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Ortiz
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Loretta
Sarbanes
Saxton
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Sessions
Sestak
Shadegg
Shays
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Tancredo
Tanner
Taylor
Terry
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Visclosky
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Watson
Weiner
Weldon (FL)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wu
Yarmuth
Young (FL)

NAYS--71

Abercrombie
Andrews
Becerra
Berman
Blumenauer
Brown, Corrine
Butterfield
Capuano
Castor
Clarke
Clay
Cleaver
Conyers
Crowley
Davis (IL)
Delahunt
Ellison
Engel
Farr
Frank (MA)
Gonzalez
Grijalva
Gutierrez
Hastings (FL)
Hinchey
Hirono
Holt
Honda
Hoyer
Jackson (IL)
Jackson-Lee (TX)
Kaptur
Klein (FL)
Kucinich
Langevin
Lee
Lewis (GA)
Lowey
Matsui
McCollum (MN)
McDermott
McGovern
Miller, George
Moran (VA)
Olver
Price (NC)
Rangel
Richardson
Roybal-Allard
Rush
Sanchez, Linda T.
Schakowsky
Serrano
Sherman
Slaughter
Solis
Stark
Sutton
Tauscher
Thompson (MS)
Tierney
Towns
Tsongas
Velazquez
Wasserman Schultz
Waters
Watt
Waxman
Welch (VT)
Wexler
Woolsey

NOT VOTING--17

Bilbray
Carson
Cooper
Culberson
Davis (CA)
Hunter
Issa
Jindal
Johnson, E. B.
Lewis (CA)
Marchant
Reyes
Shea-Porter
Walberg
Wilson (OH)
Wynn
Young (AK)

{time} 1200

Messrs. DAVIS of Illinois, CONYERS, CROWLEY, BECERRA, HOLT, RUSH,
FARR, INSLEE and CLEAVER, and Ms. HIRONO, Ms. WATERS, Ms. JACKSON-LEE
of Texas, Ms. SUTTON, Ms. KAPTUR, Ms. SLAUGHTER, Mrs. TAUSCHER and Ms.
WOOLSEY changed their vote from ``yea'' to ``nay.''
Messrs. BOEHNER, HARE, NADLER, PITTS, PASTOR, RYAN of Ohio,
RUPPERSBERGER, LYNCH, GENE GREEN of Texas, INSLEE, AL GREEN of Texas,
HINOJOSA, ISRAEL, and Ms. DEGETTE and Ms. SCHWARTZ changed their vote
from ``nay'' to ``yea.''
So the motion to recommit was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. WALBERG. Mr. Speaker, I missed the vote on rollcall No. 995
because I was visiting wounded warriors at Walter Reed. As an avid
outdoorsman, and conservationist I supported the Motion to Recommit to
H.R. 1483.
Had I been present, I would have voted ``yea.''
Mr. RAHALL. Mr. Speaker, pursuant to the instructions of the House in
the motion to recommit, I report H.R. 1483 back to the House with an
amendment.
The SPEAKER pro tempore. The Clerk will report the amendment.
The Clerk read as follows:

Amendment:
At the end of the bill, add the following new title:

TITLE VI--APPLICATION OF CERTAIN LAWS

SEC. 6001. APPLICATION OF CERTAIN STATE AND LOCAL LAWS.

The SPEAKER pro tempore. The question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.

Recorded Vote

Mr. BISHOP of Utah. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 291,
noes 122, not voting 19, as follows:

[[Page H11965]]

[Roll No. 996]

AYES--291

Abercrombie
Ackerman
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Bonner
Bono
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown, Corrine
Burgess
Butterfield
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Castle
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (IL)
Davis, David
Davis, Lincoln
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Engel
English (PA)
Eshoo
Etheridge
Farr
Fattah
Ferguson
Filner
Fortenberry
Fossella
Frank (MA)
Frelinghuysen
Gerlach
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastert
Hastings (FL)
Hayes
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inglis (SC)
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Knollenberg
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McCrery
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Peterson (PA)
Pickering
Platts
Poe
Pomeroy
Porter
Price (NC)
Pryce (OH)
Rahall
Ramstad
Rangel
Regula
Reichert
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Roskam
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Sherman
Shimkus
Shuler
Shuster
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Solis
Souder
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Wexler
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Yarmuth

NOES--122

Aderholt
Akin
Bachmann
Baker
Bartlett (MD)
Barton (TX)
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Boozman
Broun (GA)
Brown-Waite, Ginny
Buchanan
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Carter
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Davis (KY)
Deal (GA)
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Emerson
Everett
Fallin
Feeney
Flake
Forbes
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Heller
Hensarling
Herger
Hoekstra
Hulshof
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
Kingston
Kline (MN)
Kuhl (NY)
Lamborn
Lewis (KY)
Linder
Lucas
Lungren, Daniel E.
Mack
Manzullo
McCarthy (CA)
McCaul (TX)
McCotter
McHenry
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Petri
Pitts
Price (GA)
Putnam
Radanovich
Rehberg
Renzi
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Simpson
Smith (NE)
Smith (TX)
Stearns
Sullivan
Tancredo
Thornberry
Tiahrt
Tiberi
Walberg
Walden (OR)
Weldon (FL)
Westmoreland
Whitfield
Young (FL)

NOT VOTING--19

Bilbray
Carson
Cooper
Culberson
Davis (CA)
Gingrey
Hunter
Issa
Jindal
Johnson, E. B.
Lewis (CA)
Marchant
Reyes
Ross
Shea-Porter
Snyder
Wilson (OH)
Wynn
Young (AK)

announcement by the speaker pro tempore

The SPEAKER pro tempore (during the vote). Members are advised they
have 2 minutes to record their vote.

{time} 1208

So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.

____________________