[Congressional Record (Bound Edition), Volume 148 (2002), Part 17]
[Senate]
[Pages 23220-23231]
[From the U.S. Government Publishing Office, www.gpo.gov]


                 OIL REGION NATIONAL HERITAGE AREA ACT

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 605, H.R. 695.
  The ACTING PRESIDENT pro tempore. The clerk will report the bill by 
title.
  The legislative clerk read as follows:

       A bill (H.R. 695) to establish the Oil Region National 
     Heritage Area.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and inserting in lieu therof the following:
  [Strike the part shown in black brackets and insert the part printed 
in italic.]

                                H.R. 695

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

     [SECTION 1. SHORT TITLE; DEFINITIONS.

       [(a) Short Title.--This Act may be cited as the ``Oil 
     Region National Heritage Area Act''.
       [(b) Definitions.--For the purposes of this Act, the 
     following definitions shall apply:
       [(1) Heritage area.--The term ``Heritage Area'' means the 
     Oil Region National Heritage Area established in section 
     3(a).
       [(2) Management entity.--The term ``management entity'' 
     means the Oil Heritage Region, Inc., or its successor entity.
       [(3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     [SEC. 2. FINDINGS AND PURPOSE.

       [(a) Findings.--The Congress finds the following:
       [(1) The Oil Region of Northwestern Pennsylvania, with 
     numerous sites and districts listed on the National Register 
     of Historic Places, and designated by the Governor of 
     Pennsylvania as one of the State Heritage Park Areas, is a 
     region with tremendous physical and natural resources and 
     possesses a story of State, national, and international 
     significance.
       [(2) The single event of Colonel Edwin Drake's drilling of 
     the world's first successful oil well in 1859 has affected 
     the industrial, natural, social, and political structures of 
     the modern world.
       [(3) Six national historic districts are located within the 
     State Heritage Park boundary, in Emlenton, Franklin, Oil 
     City, and Titusville, as well as 17 separate National 
     Register sites.
       [(4) The Allegheny River, which was designated as a 
     component of the national wild and scenic rivers system in 
     1992 by Public Law 102-271, traverses the Oil Region and 
     connects several of its major sites, as do some of the 
     river's tributaries such as Oil Creek, French Creek, and 
     Sandy Creek.
       [(5) The unspoiled rural character of the Oil Region 
     provides many natural and recreational resources, scenic 
     vistas, and excellent water quality for people throughout the 
     United States to enjoy.
       [(6) Remnants of the oil industry, visible on the landscape 
     to this day, provide a direct link to the past for visitors, 
     as do the historic valley settlements, riverbed settlements, 
     plateau developments, farmlands, and industrial landscapes.
       [(7) The Oil Region also represents a cross section of 
     American history associated with Native Americans, frontier 
     settlements, the French and Indian War, African Americans and 
     the Underground Railroad, and immigration of Swedish and 
     Polish individuals, among others.
       [(8) Involvement by the Federal Government shall serve to 
     enhance the efforts of the Commonwealth of Pennsylvania, 
     local subdivisions of the Commonwealth of Pennsylvania, 
     volunteer organizations, and private businesses, to promote 
     the cultural, national, and recreational resources of the 
     region in order to fulfill their full potential.
       [(b) Purpose.--The purpose of this Act is to enhance a 
     cooperative management framework to assist the Commonwealth 
     of Pennsylvania, its units of local government, and area 
     citizens in conserving, enhancing, and interpreting the 
     significant features of the lands, water, and structures of 
     the Oil Region, in a manner consistent with compatible 
     economic development for the benefit and inspiration of 
     present and future generations in the Commonwealth of 
     Pennsylvania and the United States.

     [SEC. 3. OIL REGION NATIONAL HERITAGE AREA.

       [(a) Establishment.--There is hereby established the Oil 
     Region National Heritage Area.
       [(b) Boundaries.--The boundaries of the Heritage Area shall 
     include all of those lands depicted on a map entitled ``Oil 
     Region National Heritage Area'', numbered OIRE/20,000 and 
     dated October, 2000. The map shall be on file in the 
     appropriate offices of the National Park Service. The 
     Secretary of the Interior shall publish in the Federal 
     Register, as soon as practical after the date of the 
     enactment of this Act, a detailed description and map of the 
     boundaries established under this subsection.
       [(c) Management Entity.--The management entity for the 
     Heritage Area shall be the Oil Heritage Region, Inc., the 
     locally based private, nonprofit management corporation which 
     shall oversee the development of a management plan in 
     accordance with section 5(b).

     [SEC. 4. COMPACT.

       [To carry out the purposes of this Act, the Secretary shall 
     enter into a compact with the management entity. The compact 
     shall include information relating to the objectives and 
     management of the area, including a discussion of the goals 
     and objectives of the Heritage Area, including an explanation 
     of the proposed approach to conservation and interpretation 
     and a general outline of the protection measures committed to 
     by the Secretary and management entity.

     [SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

       [(a) Authorities of the Management Entity.--The management 
     entity may use funds made available under this Act for 
     purposes of preparing, updating, and implementing the 
     management plan developed under subsection (b). Such purposes 
     may include--
       [(1) making grants to, and entering into cooperative 
     agreements with, States and their political subdivisions, 
     private organizations, or any other person;
       [(2) hiring and compensating staff; and
       [(3) undertaking initiatives that advance the purposes of 
     the Heritage Area.
       [(b) Management Plan.--The management entity shall develop 
     a management plan for the Heritage Area that--
       [(1) presents comprehensive strategies and recommendations 
     for conservation, funding, management, and development of the 
     Heritage Area;
       [(2) takes into consideration existing State, county, and 
     local plans and involves residents, public agencies, and 
     private organizations working in the Heritage Area;

[[Page 23221]]

       [(3) includes a description of actions that units of 
     government and private organizations have agreed to take to 
     protect the resources of the Heritage Area;
       [(4) specifies the existing and potential sources of 
     funding to protect, manage, and develop the Heritage Area;
       [(5) includes an inventory of the resources contained in 
     the Heritage Area, including a list of any property in the 
     Heritage Area that is related to the themes of the Heritage 
     Area and that should be preserved, restored, managed, 
     developed, or maintained because of its natural, cultural, 
     historic, recreational, or scenic significance;
       [(6) recommends policies for resource management which 
     consider and detail application of appropriate land and water 
     management techniques, including, but not limited to, the 
     development of intergovernmental and interagency cooperative 
     agreements to protect the Heritage Area's historical, 
     cultural, recreational, and natural resources in a manner 
     consistent with supporting appropriate and compatible 
     economic viability;
       [(7) describes a program for implementation of the 
     management plan by the management entity, including plans for 
     restoration and construction, and specific commitments for 
     that implementation that have been made by the management 
     entity and any other persons for the first 5 years of 
     implementation;
       [(8) includes an analysis of ways in which local, State, 
     and Federal programs, including the role for the National 
     Park Service in the Heritage Area, may best be coordinated to 
     promote the purposes of this Act;
       [(9) lists any revisions to the boundaries of the Heritage 
     Area proposed by the management entity and requested by the 
     affected local government; and
       [(10) includes an interpretation plan for the Heritage 
     Area.
       [(c) Deadline; Termination of Funding.--
       [(1) Deadline.--The management entity shall submit the 
     management plan to the Secretary within 2 years after the 
     funds are made available for this Act.
       [(2) Termination of funding.--If a management plan is not 
     submitted to the Secretary in accordance with this 
     subsection, the management entity shall not qualify for 
     Federal assistance under this Act.
       [(d) Duties of Management Entity.--The management entity 
     shall--
       [(1) give priority to implementing actions set forth in the 
     compact and management plan;
       [(2) assist units of government, regional planning 
     organizations, and nonprofit organizations in--
       [(A) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       [(B) developing recreational resources in the Heritage 
     Area;
       [(C) increasing public awareness of and appreciation for 
     the natural, historical, and architectural resources and 
     sites in the Heritage Area;
       [(D) the restoration of any historic building relating to 
     the themes of the Heritage Area;
       [(E) ensuring that clear, consistent, and environmentally 
     appropriate signs identifying access points and sites of 
     interest are put in place throughout the Heritage Area; and
       [(F) carrying out other actions that the management entity 
     determines to be advisable to fulfill the purposes of this 
     Act;
       [(3) encourage by appropriate means economic viability in 
     the Heritage Area consistent with the goals of the management 
     plan;
       [(4) consider the interests of diverse governmental, 
     business, and nonprofit groups within the Heritage Area; and
       [(5) for any year in which Federal funds have been provided 
     to implement the management plan under subsection (b)--
       [(A) conduct public meetings at least annually regarding 
     the implementation of the management plan;
       [(B) submit an annual report to the Secretary setting forth 
     accomplishments, expenses and income, and each person to 
     which any grant was made by the management entity in the year 
     for which the report is made; and
       [(C) require, for all agreements entered into by the 
     management entity authorizing expenditure of Federal funds by 
     any other person, that the person making the expenditure make 
     available to the management entity for audit all records 
     pertaining to the expenditure of such funds.
       [(e) Prohibition on the Acquisition of Real Property.--The 
     management entity may not use Federal funds received under 
     this Act to acquire real property or an interest in real 
     property.

     [SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.

       [(a) Technical and Financial Assistance.--
       [(1) In general.--
       [(A) Overall assistance.--The Secretary may, upon the 
     request of the management entity, and subject to the 
     availability of appropriations, provide technical and 
     financial assistance to the management entity to carry out 
     its duties under this Act, including updating and 
     implementing a management plan that is submitted under 
     section 5(b) and approved by the Secretary and, prior to such 
     approval, providing assistance for initiatives.
       [(B) Other assistance.--If the Secretary has the resources 
     available to provide technical assistance to the management 
     entity to carry out its duties under this Act (including 
     updating and implementing a management plan that is submitted 
     under section 5(b) and approved by the Secretary and, prior 
     to such approval, providing assistance for initiatives), upon 
     the request of the management entity the Secretary shall 
     provide such assistance on a reimbursable basis. This 
     subparagraph does not preclude the Secretary from providing 
     nonreimbursable assistance under subparagraph (A).
       [(2) Priority.--In assisting the management entity, the 
     Secretary shall give priority to actions that assist in the--
       [(A) implementation of the management plan;
       [(B) provision of educational assistance and advice 
     regarding land and water management techniques to conserve 
     the significant natural resources of the region;
       [(C) development and application of techniques promoting 
     the preservation of cultural and historic properties;
       [(D) preservation, restoration, and reuse of publicly and 
     privately owned historic buildings;
       [(E) design and fabrication of a wide range of interpretive 
     materials based on the management plan, including guide 
     brochures, visitor displays, audio-visual and interactive 
     exhibits, and educational curriculum materials for public 
     education; and
       [(F) implementation of initiatives prior to approval of the 
     management plan.
       [(3) Documentation of structures.--The Secretary, acting 
     through the Historic American Building Survey and the 
     Historic American Engineering Record, shall conduct studies 
     necessary to document the industrial, engineering, building, 
     and architectural history of the Heritage Area.
       [(b) Approval and Disapproval of Management Plans.--The 
     Secretary, in consultation with the Governor of Pennsylvania, 
     shall approve or disapprove a management plan submitted under 
     this Act not later than 90 days after receiving such plan. In 
     approving the plan, the Secretary shall take into 
     consideration the following criteria:
       [(1) The extent to which the management plan adequately 
     preserves and protects the natural, cultural, and historical 
     resources of the Heritage Area.
       [(2) The level of public participation in the development 
     of the management plan.
       [(3) The extent to which the board of directors of the 
     management entity is representative of the local government 
     and a wide range of interested organizations and citizens.
       [(c) Action Following Disapproval.--If the Secretary 
     disapproves a management plan, the Secretary shall advise the 
     management entity in writing of the reasons for the 
     disapproval and shall make recommendations for revisions in 
     the management plan. The Secretary shall approve or 
     disapprove a proposed revision within 90 days after the date 
     it is submitted.
       [(d) Approving Changes.--The Secretary shall review and 
     approve amendments to the management plan under section 5(b) 
     that make substantial changes. Funds appropriated under this 
     Act may not be expended to implement such changes until the 
     Secretary approves the amendments.
       [(e) Effect of Inaction.--If the Secretary does not approve 
     or disapprove a management plan, revision, or change within 
     90 days after it is submitted to the Secretary, then such 
     management plan, revision, or change shall be deemed to have 
     been approved by the Secretary.

     [SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES.

       [Any Federal entity conducting or supporting activities 
     directly affecting the Heritage Area shall--
       [(1) consult with the Secretary and the management entity 
     with respect to such activities;
       [(2) cooperate with the Secretary and the management entity 
     in carrying out their duties under this Act and, to the 
     maximum extent practicable, coordinate such activities with 
     the carrying out of such duties; and
       [(3) to the maximum extent practicable, conduct or support 
     such activities in a manner that the management entity 
     determines shall not have an adverse effect on the Heritage 
     Area.

     [SEC. 8. SUNSET.

       [The Secretary may not make any grant or provide any 
     assistance under this Act after the expiration of the 15-year 
     period beginning on the date of the enactment of this Act.

     [SEC. 9. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

       [Nothing in this Act shall preclude the management entity 
     from using Federal funds available under Acts other than this 
     Act for the purposes for which those funds were authorized.

     [SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       [(a) In General.--There are authorized to be appropriated 
     to carry out this Act--
       [(1) not more than $1,000,000 for any fiscal year; and
       [(2) not more than a total of $10,000,000.
       [(b) 50 Percent Match.--Financial assistance provided under 
     this Act may not be

[[Page 23222]]

     used to pay more than 50 percent of the total cost of any 
     activity carried out with that assistance.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Omnibus National Heritage 
     Area Act of 2002''.

     SEC. 2. TABLE OF CONTENTS.

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

               TITLE I--OIL REGION NATIONAL HERITAGE AREA

Sec. 101. Short title; definitions.
Sec. 102. Findings and purpose.
Sec. 103. Oil Region National Heritage Area.
Sec. 104. Memorandum of Understanding.
Sec. 105. Authorities and duties of management entity.
Sec. 106. Duties and authorities of the Secretary.
Sec. 107. Duties of other Federal entities.
Sec. 108. Use of Federal funds from other sources.
Sec. 109. Authorization of appropriations.
Sec. 110. Termination of authority.

            TITLE II--ARABIA MOUNTAIN NATIONAL HERITAGE AREA

Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. Definitions.
Sec. 204. Arabia Mountain National Heritage Area.
Sec. 205. Authorities and duties of management entity.
Sec. 206. Management plan.
Sec. 207. Technical and financial assistance.
Sec. 208. Effect on certain authority.
Sec. 209. Authorization of appropriations.
Sec. 210. Termination of authority.

            TITLE III--FREEDOM'S WAY NATIONAL HERITAGE AREA

Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. Definitions.
Sec. 304. Freedom's Way National Heritage Area.
Sec. 305. Management Plan.
Sec. 306. Authorities and duties of the management entity.
Sec. 307. Technical and financial assistance; other Federal agencies.
Sec. 308. Land use regulation; applicability of Federal law.
Sec. 309. Authorization of appropriations.
Sec. 310. Termination of authority.

              TITLE IV--GREAT BASIN NATIONAL HERITAGE AREA

Sec. 401. Short title.
Sec. 402. Findings and purposes.
Sec. 403. Definitions.
Sec. 404. Great Basin National Heritage Area.
Sec. 405. Memorandum of Understanding.
Sec. 406. Management Plan.
Sec. 407. Authority and duties of management entity.
Sec. 408. Duties and authorities of Federal agencies.
Sec. 409. Land use regulation; applicability of Federal law.
Sec. 410. Authorization of appropriations.
Sec. 411. Termination of authority.

          TITLE V--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA

Sec. 501. Short title.
Sec. 502. Congressional findings.
Sec. 503. Definitions.
Sec. 504. Northern Rio Grande National Heritage Area.
Sec. 505. Authorities and duties of the management entity.
Sec. 506. Duties of the Secretary.
Sec. 507. Savings provision.
Sec. 508. Sunset.
Sec. 509. Authorization of appropriations.

            TITLE VI--NATIONAL MORMON PIONEER HERITAGE AREA

Sec. 601. Short title.
Sec. 602. Findings and purposes.
Sec. 603. Definitions.
Sec. 604. National Mormon Pioneer Heritage Area.
Sec. 605. Designation of alliance as management entity.
Sec. 606. Management of the heritage area.
Sec. 607. Duties and authorities of Federal agencies.
Sec. 608. No effect on land use authority and private property.
Sec. 609. Authorization of appropriations.

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

Sec. 701. Authorization of appropriations.

               TITLE I--OIL REGION NATIONAL HERITAGE AREA

     SEC. 101. SHORT TITLE; DEFINITIONS.

       (a) Short Title.--This title may be cited as the ``Oil 
     Region National Heritage Area''.
       (b) Definitions.--For the purposes of this title, the 
     following definitions shall apply:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Oil Region National Heritage Area established in section 
     103(a).
       (2) Management entity.--The term ``management entity'' 
     means the Oil Heritage Region, Inc., or its successor entity.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 102. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds the following:
       (1) The Oil Region of Northwestern Pennsylvania, with 
     numerous sites and districts listed on the National Register 
     of Historic Places, and designated by the Governor of 
     Pennsylvania as one of the State Heritage Park Areas, is a 
     region with tremendous physical and natural resources and 
     possesses a story of State, national, and international 
     significance.
       (2) The single event of Colonel Edwin Drake's drilling of 
     the world's first successful oil well in 1859 has affected 
     the industrial, natural, social, and political structures of 
     the modern world.
       (3) Six national historic districts are located within the 
     State Heritage Park boundary, in Emlenton, Franklin, Oil 
     City, and Titusville, as well as 17 separate National 
     Register sites.
       (4) The Allegheny River, which was designated as a 
     component of the national wild and scenic rivers system in 
     1992 by Public Law 102-271, traverses the Oil Region and 
     connects several of its major sites, as do some of the 
     river's tributaries such as Oil Creek, French Creek, and 
     Sandy Creek.
       (5) The unspoiled rural character of the Oil Region 
     provides many natural and recreational resources, scenic 
     vistas, and excellent water quality for people throughout the 
     United States to enjoy.
       (6) Remnants of the oil industry, visible on the landscape 
     to this day, provide a direct link to the past for visitors, 
     as do the historic valley settlements, riverbed settlements, 
     plateau developments, farmlands, and industrial landscapes.
       (7) The Oil Region also represents a cross section of 
     American history associated with Native Americans, frontier 
     settlements, the French and Indian War, African Americans and 
     the Underground Railroad, and immigration of Swedish and 
     Polish individuals, among others.
       (8) Involvement by the Federal Government shall serve to 
     enhance the efforts of the Commonwealth of Pennsylvania, 
     local subdivisions of the Commonwealth of Pennsylvania, 
     volunteer organizations, and private businesses, to promote 
     the cultural, national, and recreational resources of the 
     region in order to fulfill their full potential.
       (b) Purpose.--The purpose of this title is to enhance a 
     cooperative management framework to assist the Commonwealth 
     of Pennsylvania, its units of local government, and area 
     citizens in conserving, enhancing, and interpreting the 
     significant features of the lands, water, and structures of 
     the Oil Region, in a manner consistent with compatible 
     economic development for the benefit and inspiration of 
     present and future generations in the Commonwealth of 
     Pennsylvania and the United States.

     SEC. 103. OIL REGION NATIONAL HERITAGE AREA.

       (a) Establishment.--There is hereby established the Oil 
     Region National Heritage Area.
       (b) Boundaries.--The boundaries of the Heritage Area shall 
     include all of those lands depicted on a map entitled ``Oil 
     Region National Heritage Area'', numbered OIRE/20,000 and 
     dated October 2000. The map shall be on file in the 
     appropriate offices of the National Park Service. The 
     Secretary shall publish in the Federal Register, as soon as 
     practical after the date of the enactment of this title, a 
     detailed description and map of the boundaries established 
     under this subsection.
       (c) Management Entity.--The management entity for the 
     Heritage Area shall be the Oil Heritage Region, Inc., the 
     locally-based private, nonprofit management corporation which 
     shall oversee the development of a management plan in 
     accordance with section 105(b).

     SEC. 104. MEMORANDUM OF UNDERSTANDING.

       To carry out the purposes of this title, the Secretary 
     shall enter into a memorandum of understanding with the 
     management entity. The memorandum shall include information 
     relating to the objectives and management of the area, 
     including a discussion of the goals and objectives of the 
     Heritage Area, including an explanation of the proposed 
     approach to conservation and interpretation and a general 
     outline of the protection measures committed to by the 
     Secretary and management entity.

     SEC. 105. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

       (a) Authorities.--The management entity may use funds made 
     available under this title for purposes of preparing, 
     updating, and implementing the management plan developed 
     under subsection (b). Such purposes may include--
       (1) making grants to, and entering into cooperative 
     agreements with, States and their political subdivisions, 
     private organizations, or any other person;
       (2) hiring and compensating staff; and
       (3) undertaking initiatives that advance the purposes of 
     the Heritage Area.
       (b) Management Plan.--The management entity shall develop a 
     management plan for the Heritage Area that--
       (1) presents comprehensive strategies and recommendations 
     for conservation, funding, management, and development of the 
     Heritage Area;
       (2) takes into consideration existing State, county, and 
     local plans and involves residents, public agencies, and 
     private organizations working in the Heritage Area;
       (3) includes a description of actions that units of 
     government and private organizations have agreed to take to 
     protect the resources of the Heritage Area;
       (4) specifies the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Area;
       (5) includes an inventory of the resources contained in the 
     Heritage Area, including a list of any property in the 
     Heritage Area that is related to the themes of the Heritage 
     Area and that should be preserved, restored, managed, 
     developed, or maintained because of its natural, cultural, 
     historic, recreational, or scenic significance;

[[Page 23223]]

       (6) recommends policies for resource management which 
     consider and detail application of appropriate land and water 
     management techniques, including, but not limited to, the 
     development of intergovernmental and interagency cooperative 
     agreements to protect the Heritage Area's historical, 
     cultural, recreational, and natural resources in a manner 
     consistent with supporting appropriate and compatible 
     economic viability;
       (7) describes a program for implementation of the 
     management plan by the management entity, including plans for 
     restoration and construction, and specific commitments for 
     that implementation that have been made by the management 
     entity and any other persons for the first 5 years of 
     implementation;
       (8) includes an analysis of ways in which local, State, and 
     Federal programs, including the role for the National Park 
     Service in the Heritage Area, may best be coordinated to 
     promote the purposes of this title;
       (9) list any revisions to the boundaries of the Heritage 
     Area proposed by the management entity and requested by the 
     affected local government; and
       (10) includes an interpretation plan for the Heritage Area.
       (c) Deadline; Termination of Funding.--
       (1) Deadline.--The management entity shall submit the 
     management plan to the Secretary within 2 years after the 
     funds are made available for this title.
       (2) Termination of funding.--If a management plan is not 
     submitted to the Secretary in accordance with this 
     subsection, the management entity shall not qualify for 
     Federal assistance under this title.
       (d) Duties of Management Entity.--The management entity 
     shall--
       (1) give priority to implementing actions set forth in the 
     compact and management plan;
       (2) assist units of government, regional planning 
     organizations, and nonprofit organizations in--
       (A) establishing and maintaining interpretative exhibits in 
     the Heritage Area;
       (B) developing recreational resources in the Heritage Area;
       (C) increasing public awareness of and appreciation for the 
     natural, historical, and architectural resources and sites in 
     the Heritage Area;
       (D) the restoration of any historic building relating to 
     the themes of the Heritage Area;
       (E) ensuring that clear, consistent, and environmentally 
     appropriate signs identifying access points and sites of 
     interest are put in place throughout the Heritage Area; and
       (F) carrying out other actions that the management entity 
     determines to be advisable to fulfill the purposes of the 
     title;
       (3) encourage by appropriate means economic viability in 
     the Heritage Area consistent with the goals of the management 
     plan;
       (4) consider the interests of diverse governmental, 
     business, and nonprofit groups within the Heritage Area; and
       (5) for any year in which Federal funds have been provided 
     to implement the management plan under subsection (b)--
       (A) conduct public meetings at least annually regarding the 
     implementation of the management plan;
       (B) submit an annual report to the Secretary setting forth 
     accomplishments, expenses and income, and each person to 
     which any grant was made by the management entity in the year 
     for which the report is made; and
       (C) require, for all agreements entered into by the 
     management entity authorizing expenditure of Federal funds by 
     any other person, that the person making the expenditure make 
     available to the management entity for audit all records 
     pertaining to the expenditure of such funds.
       (e) Prohibition on the Acquisition of Real Property.--The 
     management entity may not use Federal funds received under 
     this title to acquire real property or an interest in real 
     property.

     SEC. 106. DUTIES AND AUTHORITIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--
       (1) In general.--
       (A) Overall assistance.--The Secretary may, upon the 
     request of the management entity, and subject to the 
     availability of appropriations, provide technical and 
     financial assistance to the management entity to carry out 
     its duties under this title, including updating and 
     implementing a management plan that is submitted under 
     section 105(b) and approved by the Secretary and, prior to 
     such approval, providing assistance for initiatives.
       (B) Other assistance.--If the Secretary has the resources 
     available to provide technical assistance to the management 
     entity to carry out its duties under this title (including 
     updating and implementing a management plan that is submitted 
     under section 105(b) and approved by the Secretary and, prior 
     to such approval, providing assistance for initiatives, upon 
     the request of the management entity the Secretary shall 
     provide such assistance on a reimbursable basis. This 
     subparagraph does not preclude the Secretary from providing 
     nonreimbursable assistance under subparagraph (A).
       (2) Priority.--In assisting the management entity, the 
     Secretary shall give priority to actions that assist in the--
       (A) implementation of the management plan;
       (B) provision of educational assistance and advice 
     regarding land and water management techniques to conserve 
     the significant natural resources of the region;
       (C) development and application of techniques promoting the 
     preservation of cultural and historic properties;
       (D) preservation, restoration, and reuse of publicly and 
     privately owned historic buildings;
       (E) design and fabrication of a wide range of interpretive 
     materials based on the management plan, including guide 
     brochures, visitor displays, audio-visual and interactive 
     exhibits, and educational curriculum materials for public 
     education; and
       (F) implementation of initiatives prior to approval of the 
     management plan.
       (3) Documentation of structures.--The Secretary, acting 
     through the Historic American Building Survey and the 
     Historic American Engineering Record, shall conduct studies 
     necessary to document the industrial, engineering, building, 
     and architectural history of the Heritage Area.
       (b) Approval and Disapproval of Management Plans.--The 
     Secretary, in consultation with the Governor of Pennsylvania, 
     shall approve or disapprove a management plan submitted under 
     this title not later than 90 days after receiving such plan. 
     In approving the plan, the Secretary shall take into 
     consideration the following criteria:
       (1) The extent to which the management plan adequately 
     preserves and protects the natural, cultural, and historical 
     resources of the Heritage Area.
       (2) The level of public participation in the development of 
     the management plan.
       (3) The extent to which the board of directors of the 
     management entity is representative of the local government 
     and a wide range of interested organizations and citizens.
       (c) Action Following Disapproval.--If the Secretary 
     disapproves a management plan, the Secretary shall advise the 
     management entity in writing of the reasons for the 
     disapproval and shall make recommendations for revisions in 
     the management plan. The Secretary shall approve or 
     disapprove a proposed revision within 90 days after the date 
     it is submitted.
       (d) Approving Changes.--The Secretary shall review and 
     approve amendments to the management plan under section 
     105(b) that make substantial changes. Funds appropriated 
     under this title may not be expended to implement such 
     changes until the Secretary approves the amendments.

     SEC. 107. DUTIES OF OTHER FEDERAL ENTITIES.

       Any Federal entity conducting or supporting activities 
     directly affecting the Heritage Area shall--
       (1) consult with the Secretary and the management entity 
     with respect to such activities;
       (2) cooperate with the Secretary and the management entity 
     in carrying out their duties under this title and, to the 
     maximum extent practicable, coordinate such activities with 
     the carrying out of such duties; and
       (3) to the maximum extent practicable, conduct or support 
     such activities in a manner that the management entity 
     determines shall not have an adverse effect on the Heritage 
     Area.

     SEC. 108. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

       Nothing in this title shall preclude the management entity 
     from using Federal funds available under Acts other than this 
     title for the purposes for which those funds were authorized.

     SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title $10,000,000, of which not more than 
     $1,000,000 may be authorized to be appropriated for any 
     fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity assisted under this title shall be 
     not more than 50 percent.

     SEC. 110. TERMINATION OF AUTHORITY.

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

            TITLE II--ARABIA MOUNTAIN NATIONAL HERITAGE AREA

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Arabia Mountain Heritage 
     Area Act of 2002''.

     SEC. 202. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Arabia Mountain area contains a variety of natural, 
     cultural, historical, scenic, and recreational resources that 
     together represent distinctive aspects of the heritage of the 
     United States that are worthy of recognition, conservation, 
     interpretation, and continuing use;
       (2) the best methods for managing the resources of the 
     Arabia Mountain area would be through partnerships between 
     public and private entities that combine diverse resources 
     and active communities;
       (3) Davidson-Arabia Mountain Nature Preserve, a 535-acre 
     park in DeKalb County, Georgia--
       (A) protects granite outcrop ecosystems, wetland, and pine 
     and oak forests; and
       (B) includes federally-protected plant species;
       (4) Panola Mountain, a national natural landmark, located 
     in the 860-acre Panola Mountain State Conservation Park, is a 
     rare example of a pristine granite outcrop;
       (5) The archaeological site at Miners Creek Preserve along 
     the South River contains documented evidence of early human 
     activity;
       (6) the city of Lithonia, Georgia, and related sites of 
     Arabia Mountain and Stone Mountain possess sites that display 
     the history of granite mining as an industry and culture in 
     Georgia, and the impact of that industry on the United 
     States;
       (7) the community of Klondike is eligible for designation 
     as a National Historic District; and

[[Page 23224]]

       (8) the city of Lithonia has two structures listed on the 
     National Register of Historic Places.
       (b) Purposes.--The purposes of this title are--
       (1) to recognize, preserve, promote, interpret, and make 
     available for the benefit of the public the natural, 
     cultural, historical, scenic, and recreational resources in 
     the area that includes Arabia Mountain, Panola Mountain, 
     Miners Creek, and other significant sites and communities; 
     and
       (2) to assist the state of Georgia and the counties of 
     DeKalb, Rockdale, and Henry in the State in developing and 
     implementing an integrated cultural, historical, and land 
     resource management program to protect, enhance, and 
     interpret the significant resources within the heritage area.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Heritage area.--The term ``heritage area'' means the 
     Arabia Mountain National Heritage Area established by section 
     204.
       (2) Management entity.-- The term ``management entity'' 
     means the Arabia Mountain Heritage Area Alliance or its 
     successor.
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the heritage area developed under 
     section 206.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of Georgia.

     SEC. 204. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Arabia 
     Mountain National Heritage Area in the State.
       (b) Boundaries.--The heritage area shall consist of certain 
     parcels of land in the counties of DeKalb, Rockdale, and 
     Henry in the State, as generally depicted on the map entitled 
     ``The Preferred Concept'' contained in the document entitled 
     ``Arabia Mountain National Heritage Area Feasibility Study'', 
     dated February 28, 2001.
       (c) Availability of Map.-- The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (d) Management Entity.-- The Arabia Mountain Heritage Area 
     Alliance shall be the management entity for the heritage 
     area.

     SEC. 205. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Authorities.--For purposes of developing and 
     implementing the management plan, the management entity may--
       (1) make grants to, and enter into cooperative agreements 
     with, the State, political subdivisions of the State, and 
     private organizations;
       (2) hire and compensate staff; and
       (3) enter into contracts for goods and services.
       (b) Duties.--
       (1) Management plan.--
       (A) In general.-- The management entity shall develop and 
     submit to the Secretary the management plan.
       (B) Considerations.--In developing and implementing the 
     management plan, the management entity shall consider the 
     interests of diverse governmental, business, and nonprofit 
     groups within the heritage area.
       (2) Priorities.--The management entity shall give priority 
     to implementing actions described in the management plan, 
     including--
       (A) assisting units of government and nonprofit 
     organizations in preserving resources within the heritage 
     area; and
       (B) encouraging local governments to adopt land use 
     policies consistent with the management of the heritage area 
     and the goals of the management plan.
       (3) Public meetings.--The management entity shall conduct 
     public meetings at least quarterly on the implementation of 
     the management plan.
       (4) Annual report.--For any year in which Federal funds 
     have been made available under this title, the management 
     entity shall submit to the Secretary an annual report that 
     describes--
       (A) the accomplishments of the management entity; and
       (B) the expenses and income of the management entity.
       (5) Audit.--The management entity shall--
       (A) make available to the Secretary for audit all records 
     relating to the expenditure of Federal funds and any matching 
     funds; and
       (B) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     receiving organizations make available to the Secretary for 
     audit all records concerning the expenditure of those funds.
       (c) Use of Federal Funds.--
       (1) In general.--The management entity shall not use 
     Federal funds made available under this title to acquire real 
     property or an interest in real property.
       (2) Other sources.--Nothing in this title precludes the 
     management entity from using Federal funds made available 
     under other Federal laws for any purpose for which the funds 
     are authorized to be used.

     SEC. 206. MANAGEMENT PLAN.

       (a) In General.--The management entity shall develop a 
     management plan for the heritage area that incorporates an 
     integrated and cooperative approach to protect, interpret, 
     and enhance the natural, cultural, historical, scenic, and 
     recreational resources of the heritage area.
       (b) Basis.--The management plan shall be based on the 
     preferred concept in the document entitled ``Arab Mountain 
     National Heritage Area Feasibility Study'', dated February 
     28, 2001.
       (c) Consideration of Other Plans and Actions.--The 
     management plan shall--
       (1) take into consideration State and local plans; and
       (2) involve residents, public agencies, and private 
     organizations in the heritage area.
       (d) Reqirements.--The management plan shall include--
       (1) an inventory of the resources in the heritage area, 
     including--
       (A) a list of property in the heritage area that--
       (i) relates to the purposes of the heritage area; and
       (ii) should be preserved, restored, managed, or maintained 
     because of the significance of the property; and
       (B) an assessment of cultural landscapes within the 
     heritage area;
       (2) provisions for the protection, interpretation, and 
     enjoyment of the resources of the heritage area consistent 
     with the purposes of this title;
       (3) an interpretation plan for the heritage area;
       (4) a program for implementation of the management plan 
     that includes--
       (A) actions to be carried out by units of government, 
     private organizations, and public-private partnerships to 
     protect the resources of the heritage area; and
       (B) the identification of existing and potential sources of 
     funding for implementing the plan; and
       (5) a description and evaluation of the management entity, 
     including the membership and organizational structure of the 
     management entity.
       (e) Submission to Secretary for Approval.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this title, the management entity shall submit 
     the management plan to the Secretary for approval.
       (2) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the date specified in 
     paragraph (1), the Secretary shall not provide any additional 
     funding under this title until such date as a management plan 
     for the heritage area is submitted to the Secretary.
       (f) Approval and Disapproval of Management Plan.--
       (1) In general.--Not later than 90 days after receiving the 
     management plan submitted under subsection (e), the 
     Secretary, in consultation with the State, shall approve or 
     disapprove the management plan.
       (2) Action following disapproval.--
       (A) Revision.--If the Secretary disapproves a management 
     plan submitted under paragraph (1), the Secretary shall--
       (i) advise the management entity in writing of the reasons 
     for the disapproval;
       (ii) make recommendations for revisions to the management 
     plan; and
       (iii) allow the management entity to submit to the 
     Secretary revisions to the management plan.
       (B) Deadline for approval of revision.--Not later than 90 
     days after the date on which a revision is submitted under 
     subparagraph (A)(iii), the Secretary shall approve or 
     disapprove the revision.
       (g) Revision of Management Plan.--
       (1) In general.--After approval by the Secretary of a 
     management plan, the management entity shall periodically--
       (A) review the management plan; and
       (B) submit to the Secretary, for review and approval by the 
     Secretary, the recommendations of the management entity for 
     any revisions to the management plan that the management 
     entity considers to be appropriate.
       (2) Expenditure of funds.--No funds made available under 
     this title shall be used to implement any revision proposed 
     by the management entity under paragraph (1)(B) until the 
     Secretary approves the revision.

     SEC. 207. TECHNICAL AND FINANCIAL ASSISTANCE.

       (a) In General.--At the request of the management entity, 
     the Secretary may provide technical and financial assistance 
     to the heritage area to develop and implement the management 
     plan.
       (b) Priority.--In providing assistance under subsection 
     (a), the Secretary shall give priority to actions that 
     facilitate--
       (1) the conservation of the significant natural, cultural, 
     historical, scenic, and recreational resources that support 
     the purposes of the heritage area; and
       (2) the provision of educational, interpretive, and 
     recreational opportunities that are consistent with the 
     resources and associated values of the heritage area.

     SEC. 208. EFFECT ON CERTAIN AUTHORITY.

       (a) Occupational, Safety, Conservation, and Environmental 
     Regulation.--Nothing in this title--
       (1) imposes an occupational, safety, conservation, or 
     environmental regulation on the heritage area that is more 
     stringent than the regulations that would be applicable to 
     the land described in section 204(b) but for the 
     establishment of the heritage area by section 204; or
       (2) authorizes a Federal agency to promulgate an 
     occupational, safety, conservation, or environmental 
     regulation for the heritage area that is more stringent than 
     the regulations applicable to the land described in section 
     204(b) as of the date of enactment of this title, solely as a 
     result of the establishment of the heritage area by section 
     204.
       (b) Land Use Regulation.--Nothing in this title--

[[Page 23225]]

       (1) modifies, enlarges, or diminishes any authority of the 
     Federal Government or a State or local government to regulate 
     any use of land as provided for by law (including 
     regulations) in existence on the date of enactment of this 
     title; or
       (2) grants powers of zoning or land use to the management 
     entity.

     SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title $10,000,000, of which not more than 
     $1,000,000 may be authorized to be appropriated for any 
     fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity assisted under this title shall be 
     not more than 50 percent.

     SEC. 210. TERMINATION OF AUTHORITY.

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

            TITLE III--FREEDOM'S WAY NATIONAL HERITAGE AREA

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Freedom's Way National 
     Heritage Area Act''.

     SEC. 302. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the cultural and natural legacies of an area 
     encompassing 36 communities in Massachusetts and 6 
     communities in New Hampshire have made important and 
     distinctive contributions to the national character of 
     America;
       (2) recognizing and protecting those legacies will help 
     sustain the quality of life in the future;
       (3) significant legacies of the area include--
       (A) the early settlement of the United States and the early 
     evolution of democratic forms of government;
       (B) the development of intellectual traditions of the 
     philosophies of freedom, democracy, and conservation;
       (C) the evolution of social ideas and religious freedom;
       (D) the role of immigrants and industry in contributing to 
     ethnic diversity;
       (E) Native American and African American resources; and
       (F) the role of innovation and invention in cottage 
     industries;
       (4) the communities in the area know the value of the 
     legacies but need a cooperative framework and technical 
     assistance to achieve important goals by working together;
       (5) there is a Federal interest in supporting the 
     development of a regional framework to assist the States, 
     local governments, local organizations, and other persons in 
     the region with conserving, protecting, and bringing 
     recognition to the heritage of the area for the educational 
     and recreation benefit of future generations of Americans;
       (6) significant examples of the area's resources include--
       (A) Walden Pond State Reservation in Concord, 
     Massachusetts;
       (B) Minute Man National Historical Park in the State of 
     Massachusetts;
       (C) Shaker Villages in Shirley and Harvard in the State of 
     Massachusetts;
       (D) Wachusett Mountain State Reservation, Fitchburg Art 
     Museum, and Barrett House in New Ipswich, New Hampshire; and
       (E) Beaver Brook Farms and Lost City of Monson in Hollis, 
     New Hampshire;
       (7) the study entitled ``Freedom's Way Heritage Area 
     Feasibility Study'', prepared by the Freedom's Way Heritage 
     Association, Inc., and the Massachusetts Department of 
     Environmental Management, demonstrates that there are 
     sufficient nationally distinctive historical resources 
     necessary to establish the Freedom's Way National Heritage 
     Area; and
       (8) the Freedom's Way Heritage Association, Inc., should 
     oversee the development of the Freedom's Way National 
     Heritage Area.
       (b) Purposes.--The purposes of this Act are--
       (1) to foster a close working relationship between the 
     Secretary and all levels of government, the private sector, 
     and local communities in the States of Massachusetts and New 
     Hampshire;
       (2) to assist the entities referred to in paragraph (1) in 
     preserving the special historic identity of the Heritage 
     Area; and
       (3) to manage, preserve, protect, and interpret the 
     cultural, historical, and natural resources of the Heritage 
     Area for the educational and inspirational benefit of future 
     generations.

     SEC. 303. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Freedom's Way National Heritage Area established by section 
     304(a).
       (2) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area designated 
     by section 304(d).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area developed under 
     section 305.
       (4) Map.--The term ``Map'' means the map entitled 
     ``Freedom's Way National Heritage Area'', numbered FRWA P-75/
     80,000 and dated July 2002.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 304. FREEDOM'S WAY NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Freedom's Way 
     National Heritage Area in the States of Massachusetts and New 
     Hampshire.
       (b) Boundaries.--
       (1) In general.--The Heritage Area shall consist of the 
     land within the boundaries of the Heritage Area, as depicted 
     on the Map.
       (2) Revision.--The boundaries of the Heritage Area may be 
     revised if the revision is--
       (A) proposed in the management plan;
       (B) approved by the Secretary in accordance with section 
     305(c); and
       (C) placed on file in accordance with subsection (c).
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall publish in the 
     Federal Register a legal description of the Heritage Area.
       (2) Availability.--The Map shall be on file and available 
     for public inspection in the appropriate offices of the 
     National Park Service.
       (d) Management Entity.--The Freedom's Way Heritage 
     Association, Inc., shall serve as the management entity for 
     the Heritage Area.

     SEC. 305. MANAGEMENT PLAN.

       (A) In General.--Not later than 3 years after the date of 
     enactment of this Act, the management entity shall develop 
     and submit to the Secretary for approval a management plan 
     for the Heritage Area that presents comprehensive 
     recommendations and strategies for the conservation, funding, 
     management, and development of the Heritage Area.
       (b) Requirements.--The management plan shall--
       (1) take into consideration and coordinate Federal, State, 
     and local plans to present a unified historic preservation 
     and interpretation plan;
       (2) involve residents, public agencies, and private 
     organizations in the Heritage Area;
       (3) describe actions that units of government and private 
     organizations recommend for the protection of the resources 
     of the Heritage Area;
       (4) identify existing and potential sources of Federal and 
     non-Federal funding for the conservation, management, and 
     development of the Heritage Area; and
       (5) include--
       (A) an inventory of the cultural, historic, natural, or 
     recreational resources contained in the Heritage Area, 
     including a list of property that--
       (i) is related to the themes of the Heritage Area; and
       (ii) should be conserved, restored, managed, developed, or 
     maintained;
       (B) a recommendation of policies for resource management 
     and protection that--
       (i) apply appropriate land and water management techniques;
       (ii) develop intergovernmental cooperative agreements to 
     manage and protect the cultural, historic, and natural 
     resources and recreation opportunities of the Heritage Area; 
     and
       (iii) support economic revitalization efforts;
       (C) a program of strategies and actions to implement the 
     management plan that--
       (i) identifies the roles of agencies and organizations that 
     are involved in the implementation of the management plan and 
     the role of the management entity;
       (ii) includes--

       (I) restoration and construction plans or goals;
       (II) a program of public involvement;
       (III) annual work plans; and
       (IV) annual reports;

       (D) an analysis of ways in which Federal, State, and local 
     programs may best be coordinated to promote the purposes of 
     this title;
       (E) an interpretive and educational plan for the Heritage 
     Area;
       (F) any revisions proposed by the management entity to the 
     boundaries of the Heritage Area and requested by the affected 
     local government; and
       (G) a process to provide public access to the management 
     entity for the purpose of attempting to resolve informally 
     any disputes arising from the management plan.
       (c) Failure To Submit.--If the management entity fails to 
     submit the management plan to the Secretary in accordance 
     with subsection (a), the Heritage Area shall no longer 
     qualify for Federal funding.
       (d) Approval or Disapproval of Management Plan.--
       (1) In general.--Not later than 90 days after receipt of 
     the management plan under subsection (a), the Secretary shall 
     approve or disapprove the management plan.
       (2) Criteria.--In determining whether to approve the 
     management plan, the Secretary shall consider whether--
       (A) the management entity afforded adequate opportunity, 
     including public hearings, for public and governmental 
     involvement in the preparation of the management plan;
       (B) the resource protection and interpretation strategies 
     contained in the management plan would adequately protect the 
     cultural and historic resources of the Heritage Area; and
       (C) the Secretary has received adequate assurances from the 
     appropriate State and local officials whose support is needed 
     to ensure the effective implementation of the State and local 
     aspects of the management plan.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan under paragraph (1), the 
     Secretary shall--
       (A) advise the management entity in writing of the reasons 
     for the disapproval;
       (B) make recommendations for revisions to the management 
     plan; and
       (C) not later than 60 days after the receipt of any 
     proposed revision of the management plan from the management 
     entity, approve or disapprove the proposed revision.
       (e) Amendments.--

[[Page 23226]]

       (1) In general.--In accordance with subsection (b), the 
     Secretary shall approve or disapprove each amendment to the 
     management plan that the Secretary determines may make a 
     substantial change to the management plan.
       (2) Use of funds.--Funds made available under this title 
     shall not be expended by the management entity to implement 
     an amendment described in paragraph (1) until the Secretary 
     approves the amendment.

     SEC. 306. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Authorities.--The Management Entity may, for purposes 
     of preparing and implementing the management plan, use funds 
     made available under this title to--
       (1) make grants to, and enter into cooperative agreements 
     with, the States of Massachusetts and New Hampshire 
     (including a political subdivision thereof), a nonprofit 
     organizations, or any person;
       (2) hire and compensate staff;
       (3) obtain funds from any source (including a program that 
     has a cost-sharing requirement); and
       (4) contract for goods and services.
       (b) Duties of the Management Entity.--In addition to 
     developing the management plan, the management entity shall--
       (1) give priority to the implementation of actions, goals, 
     and strategies set forth in the management plan, including 
     assisting units of government and other persons in--
       (A) carrying out the programs that recognize and protect 
     important resource values in the Heritage Area;
       (B) encouraging economic viability in the Heritage Area in 
     accordance with the goals of the management plan;
       (C) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (D) developing recreational and educational opportunities 
     in the Heritage Area;
       (E) increasing public awareness of and appreciation for the 
     cultural, historical, and natural resources of the Heritage 
     Area;
       (F) restoring historic buildings that are located in the 
     Heritage Area and relate to the themes of the Heritage Area; 
     and
       (G) installing throughout the Heritage Area clear, 
     consistent, and appropriate signs identifying public access 
     points and sites of interest;
       (2) prepare and implement the management plan while 
     considering the interests of diverse units of government, 
     businesses, private property owners, and nonprofit groups 
     within the Heritage Area;
       (3) conduct public meetings at least quarterly regarding 
     the development and implementation of the management plan;
       (4) for any fiscal year for which Federal funds are 
     received under this title--
       (A) submit to the Secretary a report that describes, for 
     the year--
       (i) the accomplishments of the management entity;
       (ii) the expenses and income of the management entity; and
       (iii) each entity to which a grant was made;
       (B) make available for audit by Congress, the Secretary, 
     and appropriate units of governments, all records pertaining 
     to the expenditure of the funds and any matching funds; and
       (C) require, for all agreements authorizing expenditure of 
     Federal funds by any entity, that the receiving entity make 
     available for audit all records pertaining to the expenditure 
     of the funds.
       (c) Prohibition on the Acquisition of Real Property.--
       (1) Federal funds.--The management entity shall not use 
     Federal funds made available under this title to acquire real 
     property or any interest in real property.
       (2) Other funds.--Notwithstanding paragraph (1), the 
     management entity may acquire real property or an interest in 
     real property using non-Federal funds.

     SEC. 307. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 
                   AGENCIES.

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

     SEC. 308. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

       (a) Land Use Regulation.--
       (1) In general.--The management entity shall provide 
     assistance and encouragement to State and local governments, 
     private organizations, and persons to protect and promote the 
     resources and values of the Heritage Area.
       (2) Effect.--Nothing in this title--
       (A) Affects the authority of the State or local governments 
     to regulate under law any use of land; or
       (B) grants any power of zoning or land use to the 
     management entity.
       (b) Private Property.--
       (1) In general.--The management entity shall be an advocate 
     for land management practices consistent with the purposes of 
     the Heritage Area.
       (2) Effect.--Nothing in this title--
       (A) abridges the rights of any person with regard to 
     private property;
       (B) affects the authority of the State or local government 
     regarding private property; or
       (C) imposes any additional burden on any property owner.

     SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title 10,000,000, of which not more than 
     $1,000,0900 may be authorized to be appropriate for any 
     fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity assisted under this title shall be 
     not more than 50 percent.

     SEC. 310. TERMINATION OF AUTHORITY.

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

              TITLE IV--GREAT BASIN NATIONAL HERITAGE AREA

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Great Basin National 
     Heritage Area Act of 2002.''

     SEC. 402. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the natural, cultural, and historic heritage of the 
     North American Great Basin is nationally significant;
       (2) communities in the Great Basin Heritage Area (including 
     the towns of Delta, Utah, Ely, Nevada, and the surrounding 
     communities) are located in a classic western landscape that 
     contains long natural visits, isolated higher desert valleys, 
     mountain ranges, ranches, mines, historic railroads, 
     archaeological sites, and tribal communities;
       (3) the Native American, pioneer, ranching, mining, timber, 
     and railroad heritages in the Great Basin Heritage Area 
     include the social history and living cultural traditions of 
     a rich diversity of nationalities;
       (4) the pioneer, Mormon and other religious settlements, 
     ranching, timber, and mining activities of the region played 
     and continue to play a significant role in the development of 
     the United States, shaped by--
       (A) the unique geography of the Great Basin;
       (B) an influx of people of Greek, Chinese, Basque, Serb, 
     Croat, Italian, and Hispanic descent; and
       (C) a Native American presence (Western Shoshone, Northern 
     and Southern Paiute, and Goshute) that continues in the Great 
     Basin today;
       (5) the Great Basin housed internment camps for Japanese-
     American citizens during World War II, one of which, Topaz, 
     was located within the Heritage Area;
       (6) the pioneer heritage of the Heritage Area includes the 
     Pony Express route and stations, the Overland Stage, and many 
     examples of 19th century exploration of the western United 
     States;
       (7) the Native American heritage of the Heritage Area dates 
     back thousands of years and includes--
       (A) archaeological sites;
       (B) petroglyphs and pictographs;
       (C) the westernmost village of the Fremont culture; and
       (D) communities of Western Shoshone, Paiute, and Goshute 
     tribes;
       (8) the Heritage Area contains multiple biologically 
     diverse ecological communities that are home to exceptional 
     species such as--
       (A) bristlecone pines, the oldest living trees in the 
     world;
       (B) wildlife adapted to harsh desert conditions;
       (C) unique plant communities, lakes, and streams; and
       (D) native Bonneville cutthroat trout;
       (9) the air and water quality of the Heritage Area is among 
     the best in the United States, and the clear air permits 
     outstanding viewing of the night skies;
       (10) the Heritage Area includes unique and outstanding 
     geologic features such as numerous limestone caves, classic 
     basin and range topography with playa lakes, alluvial fans, 
     volcanics, cold and hot springs, and recognizable features of 
     ancient Lake Bonneville;
       (11) the Heritage Area includes an unusual variety of open 
     space and recreational and educational opportunities because 
     of the great quantity of ranching activity and public land 
     (including city, county, and State parks, national forests, 
     Bureau of Land Management land, and a national park);
       (12) there are significant archaeological, historical, 
     cultural, natural, scenic, and recreational resources in the 
     Great Basin to merit

[[Page 23227]]

     the involvement of the Federal Government in the development, 
     in cooperation with the Great Basin Heritage Area Partnership 
     and other local and governmental entities, of programs and 
     projects to--
       (A) adequately conserve, protect, and interpret the 
     heritage of the Great Basin for present and future 
     generations; and
       (B) provide opportunities in the Great Basin for education; 
     and
       (13) the Great Basin Heritage Area Partnership shall serve 
     as the management entity for a Heritage Area established in 
     the Great Basin.
       (b) Purposes.--The purposes of this title are--
       (1) to foster a close working relationship with all levels 
     of government, the private sector, and the local communities 
     within White Pine County, Nevada, Millard County, Utah, and 
     the Duckwater Shoshone Reservation;
       (2) to enable communities referred to in paragraph (1) to 
     conserve their heritage while continuing to develop economic 
     opportunities; and
       (3) to conserve, interpret, and develop the archaeological, 
     historical, cultural, natural, scenic, and recreational 
     resources related to the unique ranching, industrial, and 
     cultural heritage of the Great Basin, in a manner that 
     promotes multiple uses permitted as of the date of enactment 
     of this title, without managing or regulating land use.

     SEC. 403. DEFINITIONS.

       In this title:
       (1) Great basin.--The term ``Great Basin'' means the North 
     American Great Basin.
       (2) Heritage area.--The term ``Heritage Area'' means the 
     Great Basin National Heritage Area established by section 
     404(a).
       (3) Management entity.--The term ``management entity'' 
     means the Great Basin Heritage Area Partnership established 
     by section 404(c).
       (4) Management plan.--The term ``management plan'' means 
     the plan developed by the management entity under section 
     406(a).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 404. GREAT BASIN NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Great Basin 
     National Heritage Area.
       (b) Composition.--The Heritage Area shall include 
     historical, cultural, natural, scenic, and recreational 
     resources within White Pine County, Nevada, Millard County, 
     Utah, and the Duckwater Shoshone Reservation in Nye County, 
     Nevada. The boundaries of the Heritage Area shall be 
     specified in detail in the management plan developed in 
     section 406.
       (c) Management Entity.--
       (1) In general.--The Great Basin Heritage Area Partnership 
     shall serve as the management entity for the Heritage Area.
       (2) Board of directors.--The Great Basin Heritage Area 
     Partnership shall be governed by a board of directors that 
     consists of--
       (A) 4 members who are appointed by the Board of County 
     Commissioners for Millard County, Utah;
       (B) 4 members who are appointed by the Board of County 
     Commissioners for White Pine County, Nevada; and
       (C) a representative appointed by each Native American 
     Tribe participating in the Heritage Area.

     SEC. 405. MEMORANDUM OF UNDERSTANDING.

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

     SEC. 406. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this title, the management entity shall develop 
     and submit to the Secretary for approval a management plan 
     for the Heritage Area that presents clear and comprehensive 
     recommendations for the conservation, funding, management, 
     and development of the Heritage Area.
       (b) Considerations.--In developing the management plan, the 
     management entity shall--
       (1) provide for the participation of local residents, 
     public agencies, and private organizations located within the 
     counties of Millard County, Utah, White Pine County, Nevada, 
     and the Duckwater Shoshone Reservation in the protection and 
     development of resources of the Heritage Area, taking into 
     consideration State, tribal, county, and local land use plans 
     in existence on the date of enactment of this title;
       (2) identify sources of funding; and
       (3) include--
       (A) an inventory of the archaeological, historical, 
     cultural, natural, scenic, and recreational resources 
     contained in the Heritage Area, including a list of public 
     and tribal property that--
       (i) is related to the themes of the Heritage Area; and
       (ii) should be preserved, restored, managed, developed, or 
     maintained because of the archaeological, historical, 
     cultural, natural, scenic, and recreational significance of 
     the property;
       (B) a program for implementation of the management plan by 
     the management entity, including--
       (i) plans for restoration, stabilization, rehabilitation, 
     and construction of public or tribal property; and
       (ii) specific commitments by the identified partners 
     referred to in section 405(b)(4) for the first 5 years of 
     operation; and
       (C) an interpretation plan for the Heritage Area; and
       (4) develop a management plan that will not infringe on 
     private property rights without the consent of the owner of 
     the private property.
       (c) Failure To Submit.--If the management entity fails to 
     submit a management plan to the Secretary in accordance with 
     subsection (a), the Heritage Area shall no longer qualify for 
     Federal funding.
       (d) Approval and Disapproval of Management Plan.--
       (1) In general.--Not later than 90 days after receipt of a 
     management plan under subsection (a), the Secretary, in 
     consultation with the Governors of the States of Nevada and 
     Utah, shall approve or disapprove the management plan.
       (2) Criteria.--In determining whether to approve a 
     management plan, the Secretary shall consider whether the 
     management plan--
       (A) has strong local support from a diversity of 
     landowners, business interests, nonprofit organizations, and 
     governments within the Heritage Area;
       (B) is consistent with and complements continued economic 
     activity in the Heritage Area;
       (C) has a high potential for effective partnership 
     mechanisms;
       (D) infringes on private property rights; and
       (E) provides methods to take appropriate action to ensure 
     that private property rights are observed.
       (3) Action following disapproval.--If the Secretary 
     disapproves a management plan under subsection (d)(1), the 
     Secretary shall--
       (A) advise the management entity in writing of the reasons 
     for the disapproval;
       (B) make recommendations for revisions to the management 
     plan; and
       (C) not later than 90 days after the receipt of any 
     proposed revision of the management plan from the management 
     entity, approve or disapprove the proposed revision.
       (e) Implementation.--On approval of the management plan as 
     provided in section 406(d)(1), the management entity, in 
     conjunction with the Secretary, shall take appropriate steps 
     to implement the management plan.
       (f) Amendments.--
       (1) In general.--The Secretary shall review each amendment 
     to the management plan that the Secretary determines may make 
     a substantial change to the management plan.
       (2) Use of funds.--Funds made available under this title 
     shall not be expended to implement an amendment described in 
     paragraph (1) until the Secretary approves the amendment.

     SEC. 407. AUTHORITY AND DUTIES OF MANAGEMENT ENTITY.

       (a) Authorities.--The management entity may, for purposes 
     of preparing and implementing the management plan, use funds 
     made available under this title to--
       (1) make grants to, and enter into cooperative agreements 
     with, a State (including a political subdivision), a tribe, a 
     private organization, or any person; and
       (2) hire and compensate staff.
       (b) Duties.--In addition to developing the management plan, 
     the management entity shall--
       (1) give priority to implementing the memorandum of 
     understanding and the management plan, including taking steps 
     to--
       (A) assist units of government, regional planning 
     organizations, and nonprofit organizations in--
       (i) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (ii) developing recreational resources in the Heritage 
     Area;
       (iii) increasing public awareness of and appreciation for 
     the archaeological, historical, cultural, natural, scenic, 
     and recreational resources and sites in the Heritage Area; 
     and
       (iv) if requested by the owner, restoring, stabilizing, or 
     rehabilitating any private, public, or tribal historical 
     building relating to the themes of the Heritage Area;
       (B) encourage economic viability and diversity in the 
     Heritage Area in accordance with the objectives of the 
     management plan; and

[[Page 23228]]

       (C) encourage the installation of clear, consistent, and 
     environmentally appropriate signage identifying access points 
     and sites of interest throughout the Heritage Area;
       (2) consider the interests of diverse governmental, 
     business, and nonprofit groups within the Heritage Area;
       (3) conduct public meetings within the Heritage Area at 
     least semiannually regarding the implementation of the 
     management plan;
       (4) submit substantial amendments (including any increase 
     of more than 20 percent in the cost estimates for 
     implementation) to the management plan to the Secretary for 
     approval by the Secretary; and
       (5) for any year for which Federal funds are received under 
     this title--
       (A) submit to the Secretary a report that describes, for 
     the year--
       (i) the accomplishments of the management entity;
       (ii) the expenses and income of the management entity; and
       (iii) each entity to which any loan or grant was made;
       (B) make available for audit all records pertaining to the 
     expenditure of the funds and any matching funds; and
       (C) require, for all agreements authorizing the expenditure 
     of federal funds by any entity, that the receiving entity 
     make available for audit all records pertaining to the 
     expenditure of the funds.
       (c) Prohibition on the Acquisition of Real Property.--The 
     management entity shall not use Federal funds made available 
     under this title to acquire real property or any interest in 
     real property.
       (d) Prohibition on the Regulation of Land Use.--The 
     management entity shall not regulate land use within the 
     Heritage Area.

     SEC. 408. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

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

     SEC. 409. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.

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

     SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title $10,000,000, of which not more than 
     $1,000,000 may be authorized to be appropriated for any 
     fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity assisted under this title shall be 
     not more than 50 percent.

     SEC. 411. TERMINATION OF AUTHORITY.

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

          TITLE V--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA

     SEC. 501. SHORT TITLE.

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

     SEC. 502. CONGRESSIONAL FINDINGS.

       The Congress finds that--
       (1) northern New Mexico encompasses a mosaic of cultures 
     and history, including eight Pueblos and the descendants of 
     Spanish ancestors who settled in the area in 1598;
       (2) the combination of cultures, languages, folk arts, 
     customs, and architecture make northern New Mexico unique;
       (3) the area includes spectacular natural, scenic, and 
     recreational resources;
       (4) there is broad support from local governments and 
     interested individuals to establish a National Heritage Area 
     to coordinate and assist in the preservation and 
     interpretation of these resources;
       (5) in 1991, the National Park Service study Alternative 
     Concepts for Commemorating Spanish Colonization identified 
     several alternatives consistent with the establishment of a 
     National Heritage Area, including conducting a comprehensive 
     archaeological and historical research program, coordinating 
     a comprehensive interpretation program, and interpreting a 
     cultural heritage scene; and
       (6) establishment of a National Heritage Area in northern 
     New Mexico would assist local communities and residents in 
     preserving these unique cultural, historical and natural 
     resources.

     SEC. 503. DEFINITIONS.

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

     SEC. 504. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.

       (a) Establishment.--There is hereby established the 
     Northern Rio Grande National Heritage Area in the State of 
     New Mexico.
       (b) Boundaries.--The heritage area shall include the 
     counties of Santa Fe, Rio Arriba, and Taos.
       (c) Management Entity.--
       (1) The Northern Rio Grande National Heritage Area, Inc., a 
     non-profit corporation chartered in the State of New Mexico, 
     shall serve as the management entity for the heritage area.
       (2) The Board of Directors for the management entity shall 
     include representatives of the State of New Mexico, the 
     counties of Santa Fe, Rio Arriba and Taos, tribes and pueblos 
     within the heritage area, the cities of Santa Fe, Espanola 
     and Taos, and members of the general public. The total number 
     of Board members and the number of Directors representing 
     State, local and tribal governments and interested 
     communities shall be established to ensure that all parties 
     have appropriate representation on the Board.

     SEC. 505. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Management Plan.--
       (1) Not later than 3 years after the date of enactment of 
     this title, the management entity shall develop and forward 
     to the Secretary a management plan for the heritage area.
       (2) The management entity shall develop and implement the 
     management plan in cooperation with affected communities, 
     tribal and local governments and shall provide for public 
     involvement in the development and implementation of the 
     management plan.
       (3) The management plan shall, at a minimum--
       (A) provide recommendations for the conservation, funding, 
     management, and development of the resources of the heritage 
     area;
       (B) identify sources of funding;
       (C) include an inventory of the cultural, historical, 
     archaeological, natural, and recreational resources of the 
     heritage area;
       (D) provide recommendations for educational and 
     interpretive programs to inform the public about the 
     resources of the heritage area; and
       (E) include an analysis of ways in which local, State, 
     Federal, and tribal programs may best be coordinated to 
     promote the purposes of this title.
       (4) If the management entity fails to submit a management 
     plan to the secretary as provided in paragraph (1), the 
     heritage area shall no longer be eligible to receive Federal 
     funding under this title until such time as a plan is 
     submitted to the Secretary.
       (5) The Secretary shall approve or disapprove the 
     management plan within 90 days after the date of submission. 
     If the Secretary disapproves the management plan, the 
     Secretary shall advise the management entity in writing of 
     the reasons therefore and shall make recommendations for 
     revisions to the plan.
       (6) The management entity shall periodically review the 
     management plan and submit to the Secretary any 
     recommendations for proposed revisions to the management 
     plan. Any major revisions to the management plan must be 
     approved by the Secretary.
       (b) Authority.--The management entity may make grants and 
     provide technical assistance to tribal and local governments, 
     and other public and private entities to carry out the 
     management plan.
       (c) Duties.--The management entity shall--
       (1) give priority in implementing actions set forth in the 
     management plan;
       (2) coordinate with tribal and local governments to better 
     enable them to adopt land use policies consistent with the 
     goals of the management plan;
       (3) encourage by appropriate means economic viability in 
     the heritage area consistent with the goals of the management 
     plan; and
       (4) assist local and tribal governments and non-profit 
     organizations in--
       (A) establishing and maintaining interpretive exhibits in 
     the heritage area;
       (B) developing recreational resources in the heritage area;
       (C) increasing public awareness of, and appreciation for, 
     the cultural, historical, archaeological and natural 
     resources and sites in the heritage area;
       (D) the restoration of historic structures related to the 
     heritage area; and
       (E) carrying out other actions that the management entity 
     determines appropriate to fulfill the purposes of this title, 
     consistent with the management plan.
       (d) Prohibition on Acquiring Real Property.--The management 
     entity may not use Federal funds received under this title to 
     acquire real property or an interest in real property.
       (e) Public Meetings.--The management entity shall hold 
     public meetings at least annually regarding the 
     implementation of the management plan.

[[Page 23229]]

       (f) Annual Reports and Audits.--
       (1) For any year in which the management entity receives 
     Federal funds under this title, the management entity shall 
     submit an annual report to the Secretary setting forth 
     accomplishments, expenses and income, and each entity to 
     which any grant was made by the management entity.
       (2) The management entity shall make available to the 
     Secretary for audit all records relating to the expenditure 
     of Federal funds and any matching funds. The management 
     entity shall also require, for all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     receiving organization make available to the Secretary for 
     audit all records concerning the expenditure of those funds.

     SEC. 506. DUTIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--The Secretary may, 
     upon request of the management entity, provide technical and 
     financial assistance to develop and implement the management 
     plan.
       (b) Priority.--In providing assistance under subsection 
     (a), the Secretary shall give priority to actions that 
     facilitate--
       (1) the conservation of the significant natural, cultural, 
     historical, archaeological, scenic, and recreational 
     resources of the heritage area; and
       (2) the provision of educational, interpretive, and 
     recreational opportunities consistent with the resources and 
     associated values of the heritage area.

     SEC. 507. SAVINGS PROVISIONS.

       (a) No Effect on Private Property.--Nothing in this title 
     shall be construed--
       (1) to modify, enlarge, or diminish any authority of 
     Federal, State, or local governments to regulate any use of 
     privately owned lands; or
       (2) to grant the management entity any authority to 
     regulate the use of privately owned lands.
       (b) Tribal Lands.--Nothing in this title shall restrict or 
     limit a tribe from protecting cultural or religious sites on 
     tribal lands.
       (c) Authority of Governments.--Nothing in this title 
     shall--
       (1) modify, enlarge, or diminish any authority of Federal, 
     State, tribal, or local governments to manage or regulate any 
     use of land as provided for by law or regulation; or
       (2) authorize the management entity to assume any 
     management authorities over such lands.
       (d) Trust Responsibilities.--Nothing in this title shall 
     diminish the Federal Government's trust responsibilities or 
     government-to-government obligations to any federally 
     recognized Indian tribe.

     SEC. 508. SUNSET.

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

     SEC. 509. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title $10,000,000, of which not more than 
     $1,000,000 may be authorized to be appropriated for any 
     fiscal year.
       (b) Cost-Sharing Requirement.--The Federal share of the 
     total cost of any activity assisted under this title shall be 
     not more than 50 percent.

            TITLE VI--NATIONAL MORMON PIONEER HERITAGE AREA

     SEC. 601. SHORT TITLE.

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

     SEC. 602. FINDINGS AND PURPOSE.

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

     SEC. 603. DEFINITIONS.

       In this title:
       (1) Alliance.--The term ``Alliance'' means the Utah 
     Heritage Highway 89 Alliance.
       (2) Board.--The term ``Board'' means the Board of Directors 
     of the Alliance.
       (3) Heritage area.--The term ``Heritage Area'' means the 
     National Mormon Pioneer Heritage Area established by section 
     604(a).
       (4) Management plan.--The term ``management plan'' means 
     the plan developed by the Board under section 606(a).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.-- The term ``State'' means the State of Utah.

     SEC. 604. NATIONAL MORMON PIONEER HERITAGE AREA.

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

     SEC. 605. DESIGNATION OF ALLIANCE AS MANAGEMENT ENTITY.

       (a) In General.--The Alliance shall be the management 
     entity for the Heritage Area.
       (b) Federal Funding.--
       (1) Authorization to Receive funds.--The Alliance may 
     receive amounts made available to carry out this title.
       (2) Disqualification.--If a management plan is not 
     submitted to the Secretary as required under section 606 
     within the time period specified in that section, the 
     Alliance may not receive Federal funding under this title 
     until a management plan is submitted to the Secretary.
       (c) Use of Federal Funds.--The Alliance may, for the 
     purposes of developing and implementing the management plan, 
     use Federal funds made available under this title--
       (1) to make grants and loans to the State, political 
     subdivision of the State, nonprofit organizations, and other 
     persons;
       (2) to enter into cooperative agreements with or provide 
     technical assistance to the State, political subdivisions of 
     the State, nonprofit organizations, and other organizations;
       (3) to hire and compensate staff;
       (4) to obtain funds from any source under any program or 
     law requiring the recipient of funds to make a contribution 
     in order to receive the funds; and
       (5) to contract for goods and services.
       (d) Prohibition of Acquisition of Real Property.--The 
     Alliance may not use Federal funds received under this title 
     to acquire real property or any interest in real property.

     SEC. 606. MANAGEMENT OF THE HERITAGE AREA.

       (a) Heritage Area Management Plan.--
       (1) Development and submission for review.--Not later than 
     3 years after the date of enactment of this title, the Board, 
     with public participation, shall develop and submit for 
     review to the Secretary a management plan for the Heritage 
     Area.

[[Page 23230]]

       (2) Contents.--The management plan shall--
       (A) present comprehensive recommendation for the 
     conservation, funding, management, and development of the 
     Heritage Area;
       (B) take into consideration Federal, State, county, and 
     local plans in effect on the date of enactment of this title;
       (C) involve residents, public agencies, and private 
     organizations in the Heritage Area;
       (D) include a description of actions that units of 
     government and private organizations are recommended to take 
     to protect the resources of the Heritage Area;
       (E) specify existing and potential sources of Federal and 
     non-Federal funding for the conservation, management, and 
     development of the Heritage Area; and
       (F) include--
       (i) an inventory of resources in the Heritage Area that--

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

       (ii) a recommendation of policies for resource management 
     that consider the application of appropriate land and water 
     management techniques, including policies for the development 
     of intergovernmental cooperative agreements to manage the 
     historical, cultural, and natural resources and recreational 
     opportunities of the Heritage Area in a manner that is 
     consistent with the support of appropriate and compatible 
     economic viability;
       (iii) a program for implementation of the management plan, 
     including plans for restoration and construction;
       (iv) a description of any commitments that have been made 
     by persons interested in management of the Heritage Area;
       (v) an analysis of means by which Federal, State, and local 
     programs may best be coordinated to promote the purposes of 
     this title; and
       (vi) an interpretive plan for the Heritage Area.
       (3) Approval or disapproval of the management plan.--
       (A) In general.--Not later than 180 days after submission 
     of the management plan by the Board, the Secretary shall 
     approve or disapprove the management plan.
       (B) Disapproval and revisions.--
       (i) In general.--If the Secretary disapproves the 
     management plan, the Secretary shall--

       (I) advise the Board, in writing, of the reasons for the 
     disapproval; and
       (II) make recommendations for revision of the management 
     plans.

       (ii) Approval or disapproval.--The Secretary shall approve 
     or disapprove proposed revisions to the management plan not 
     later than 60 days after receipt of the revisions from the 
     Board.
       (b) Priorities.--The Alliance shall give priority to the 
     implementation of actions, goals, and policies set forth in 
     the management plan, including--
       (1) assisting units of government, regional planning 
     organizations, and nonprofit organizations in--
       (A) conserving the historical, cultural, and natural 
     resources of the Heritage Area;
       (B) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (C) developing recreational opportunities in the Heritage 
     Area;
       (D) increasing public awareness of and appreciation for the 
     historical, cultural, and natural resources of the Heritage 
     Area;
       (E) restoring historic buildings that are--
       (i) located within the boundaries of the Heritage Area; and
       (ii) related to the theme of the Heritage Area; and
       (F) ensuring that clear, consistent, and environmentally 
     appropriate signs identifying access points and sites of 
     interest are put in place throughout the Heritage Area; and
       (2) consistent with the goals of the management plan, 
     encouraging economic viability in the affected communities by 
     appropriate means, including encouraging and soliciting the 
     development of heritage products.
       (c) Consideration of Interests of Local Groups.--In 
     developing and implementing the management plan, the Board 
     shall consider the interests of diverse units of government, 
     businesses, private property owners, and nonprofit 
     organizations in the Heritage Area.
       (d) Public Meetings.--The Board shall conduct public 
     meetings at least annually regarding the implementation of 
     the management plan.
       (e) Annual Reports.--For any fiscal year in which the 
     Alliance receives Federal funds under this title or in which 
     a loan made by the Alliance with Federal funds under section 
     605(c)(1) is outstanding, the Alliance shall submit to the 
     Secretary an annual report that describes--
       (1) the accomplishments of the Alliance;
       (2) the expenses and income of the Alliance; and
       (3) the entities to which the Alliance made any loans or 
     grants during the year for which the report is made.
       (f) Cooperation With Audits.--For any fiscal year in which 
     the Alliance receives Federal funds under this title or in 
     which a loan made by the Alliance with Federal funds under 
     section 605(c)(1) is outstanding, the Alliance shall--
       (1) make available for audit by Congress, the Secretary, 
     and appropriate units of government all records and other 
     information relating to the expenditure of the Federal funds 
     and any matching funds; and
       (2) require, with respect to all agreements authorizing 
     expenditure of the Federal funds by other organizations, that 
     the receiving organizations make available for audit all 
     records and other information relating to the expenditure of 
     the Federal funds.
       (g) Delegation.--
       (1) In general.--The Alliance may delete the 
     responsibilities and actions under this section for each area 
     identified in section 604(b)(1).
       (2) Review.--All delegated responsibilities and actions are 
     subject to review and approval by the Alliance.

     SEC. 607. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.

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

     SEC. 608. NO EFFECT ON LAND USE AUTHORITY AND PRIVATE 
                   PROPERTY.

       (a) No Effect on Land Use Authority.--Nothing in this title 
     modifies, enlarges, or diminishes any authority of Federal, 
     State, or local government to regulate any use of land under 
     any other law (including regulations).
       (b) No Zoning or Land Use Powers.--Nothing in this title 
     grants powers of zoning or land use control to the Alliance.
       (c) Local Authority and Private Property Not Affected.--
     Nothing in this title affects or authorizes the Alliance to 
     interfere with--
       (1) the right of any person with respect to private 
     property; or
       (2) any local zoning ordinance or land use plan of the 
     State or a political subdivision of the State.

     SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 610. TERMINATION OF AUTHORITY.

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

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

     SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

       Section 10 of Public Law 99-647 (16 U.S.C. 461 note) is 
     amended by striking subsection (b) and inserting the 
     following:
       ``(b) Development Funds.--There is authorized to be 
     appropriated to carry out section 8(c) for the period of 
     fiscal years 2003 through 2007 not more than $5,000,000, to 
     remain available until expended.''.
  Mr. REID. Mr. President, it is my understanding that Senator Bingaman 
has an amendment at the desk, and I ask unanimous consent that the 
amendment be considered and agreed to, the committee-reported 
substitute amendment, as amended, be agreed to, the bill, as amended, 
be read three times, passed, and the motion to reconsider be laid upon 
the table, and that any statements relating to this matter be printed 
in the Record, with no intervening action or debate.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

[[Page 23231]]




                           Amendment No. 4970

       (Purpose: To designate additional National Heritage Areas)

  The amendment (No. 4970) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment, in the nature of a substitute, as amended, 
was agreed to.
  The bill (H.R. 695), as amended, was read the third time and passed.

                          ____________________