[Congressional Record (Bound Edition), Volume 150 (2004), Part 15]
[House]
[Pages 21235-21249]
[From the U.S. Government Publishing Office, www.gpo.gov]




             NORTHERN RIO GRANDE NATIONAL HERITAGE AREA ACT

  Mr. POMBO. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 211) to establish the Northern Rio Grande National 
Heritage Area in the State of New Mexico, and for other purposes, as 
amended.
  The Clerk read as follows:

                                 S. 211

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

          TITLE I--NORTHERN RIO GRANDE NATIONAL HERITAGE AREA

     SECTION 101. SHORT TITLE.

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

     SEC. 102. CONGRESSIONAL FINDINGS.

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

     SEC. 103. DEFINITIONS.

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

     SEC. 104. NORTHERN RIO GRANDE NATIONAL HERITAGE AREA.

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

     SEC. 105. AUTHORITY AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Management Plan.--
       (1) Not later than 3 years after the date of enactment of 
     this Act, the management entity shall develop and forward to 
     the Secretary a management plan for the heritage area.
       (2) The management entity shall develop and implement the 
     management plan in cooperation with affected communities, 
     tribal and local governments and shall provide for public 
     involvement in the development and implementation of the 
     management plan.
       (3) The management plan shall, at a minimum--
       (A) provide recommendations for the conservation, funding, 
     management, and development of the resources of the heritage 
     area;
       (B) identify sources of funding;
       (C) include an inventory of the cultural, historical, 
     archaeological, natural, and recreational resources of the 
     heritage area;
       (D) provide recommendations for educational and 
     interpretive programs to inform the public about the 
     resources of the heritage area; and
       (E) include an analysis of ways in which local, State, 
     Federal, and tribal programs may best be coordinated to 
     promote the purposes of this Act.
       (4) If the management entity fails to submit a management 
     plan to the secretary as provided in paragraph (1), the 
     heritage area shall no longer be eligible to receive Federal 
     funding under this Act until such time as a plan is submitted 
     to the Secretary.
       (5) The Secretary shall approve or disapprove the 
     management plan within 90 days after the date of submission. 
     If the Secretary disapproves the management plan, the 
     Secretary shall advise the management entity in writing of 
     the reasons therefore and shall make recommendations for 
     revisions to the plan.
       (6) The management entity shall periodically review the 
     management plan and submit to the Secretary any 
     recommendations for proposed revisions to the management 
     plan. Any major revisions to the management plan must be 
     approved by the Secretary.
       (b) Authority.--The management entity may make grants and 
     provide technical assistance to tribal and local governments, 
     and other public and private entities to carry out the 
     management plan.
       (c) Duties.--The management entity shall--
       (1) give priority in implementing actions set forth in the 
     management plan;

[[Page 21236]]

       (2) encourage by appropriate means economic viability in 
     the heritage area consistent with the goals of the management 
     plan; and
       (3) assist local and tribal governments and non-profit 
     organizations in--
       (A) establishing and maintaining interpretive exhibits in 
     the heritage area;
       (B) developing recreational resources in the heritage area;
       (C) increasing public awareness of, and appreciation for, 
     the cultural, historical, archaeological and natural 
     resources and sits in the heritage area;
       (D) the restoration of historic structures related to the 
     heritage area; and
       (E) carrying out other actions that the management entity 
     determines appropriate to fulfill the purposes of this Act, 
     consistent with the management plan.
       (d) Prohibition on Acquiring Real Property.--The management 
     entity may not use Federal funds received under this Act to 
     acquire real property or an interest in real property.
       (e) Public Meetings.--The management entity shall hold 
     public meetings at least annually regarding the 
     implementation of the management plan.
       (f) Annual Reports and Audits.--
       (1) For any year in which the management entity receives 
     Federal funds under this Act, the management entity shall 
     submit an annual report to the Secretary setting forth 
     accomplishments, expenses and income, and each entity to 
     which any grant was made by the management entity.
       (2) The management entity shall make available to the 
     Secretary for audit all records relating to the expenditure 
     of Federal funds and any matching funds. The management 
     entity shall also require, for all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     receiving organization make available to the Secretary for 
     audit all records concerning the expenditure of those funds.

     SEC. 106. DUTIES OF THE SECRETARY.

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

     SEC. 107. PRIVATE PROPERTY PROTECTIONS; SAVINGS PROVISIONS.

       (a) Private Property Protection.--
       (1) Notification and consent of property owners required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Area until 
     the owner of that private property has been notified in 
     writing by the management entity and has given written 
     consent for such preservation, conservation or promotion to 
     the management entity.
       (2) Landowner withdrawal.--Any owner of private property 
     included within the boundary of the heritage area, shall have 
     their property immediately removed from within the boundary 
     by submitting a written request to the management entity.
       (3) Access to private property.--Nothing in this Act shall 
     be construed to require any private property owner to permit 
     public access (including Federal, State, or local government 
     access) to such private property. Nothing in this Act shall 
     be construed to modify any provision of Federal, State, or 
     local law with regard to public access to or use of private 
     lands.
       (4) Liability.--Designation of the heritage area shall not 
     be considered to create any liability, or to have any effect 
     on any liability under any other law, of any private property 
     owner with respect to any persons injured on such private 
     property.
       (5) Recognition of authority to control land use.--Nothing 
     in this Act shall be construed to modify any authority of 
     Federal, State, or local governments to regulate land use.
       (6) Participation of private property owners in heritage 
     area.--Nothing in this Act shall be construed to require the 
     owner of any private property located within the boundaries 
     of the heritage area to participate in or be associated with 
     the heritage area.
       (b) Effect of Establishment.--The boundaries designated for 
     the heritage area represent the area within which Federal 
     funds appropriated for the purpose of this Act shall be 
     expended. The establishment of the heritage area and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory authority on land use within the heritage area or 
     its viewshed by the Secretary, the National Park Service, or 
     the management entity.
       (c) Tribal Lands.--Nothing in this Act shall restrict or 
     limit a tribe from protecting cultural or religious sites on 
     tribal lands.
       (d) Trust Responsibilities.--Nothing in this Act shall 
     diminish the Federal Government's trust responsibilities or 
     government-to-government obligations to any federally 
     recognized Indian tribe.

     SEC. 108. SUNSET.

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

     SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

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

               TITLE II--NATIONAL AVIATION HERITAGE AREA

     SEC. 201. SHORT TITLE.

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

     SEC. 202. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Few technological advances have transformed the world 
     or our Nation's economy, society, culture, and national 
     character as the development of powered flight.
       (2) The industrial, cultural, and natural heritage legacies 
     of the aviation and aerospace industry in the State of Ohio 
     are nationally significant.
       (3) Dayton, Ohio, and other defined areas where the 
     development of the airplane and aerospace technology 
     established our Nation's leadership in both civil and 
     military aeronautics and astronautics set the foundation for 
     the 20th Century to be an American Century.
       (4) Wright-Patterson Air Force Base in Dayton, Ohio, is the 
     birthplace, the home, and an integral part of the future of 
     aerospace.
       (5) The economic strength of our Nation is connected 
     integrally to the vitality of the aviation and aerospace 
     industry, which is responsible for an estimated 11,200,000 
     American jobs.
       (6) The industrial and cultural heritage of the aviation 
     and aerospace industry in the State of Ohio includes the 
     social history and living cultural traditions of several 
     generations.
       (7) The Department of the Interior is responsible for 
     protecting and interpreting the Nation's cultural and 
     historic resources, and there are significant examples of 
     these resources within Ohio to merit the involvement of the 
     Federal Government to develop programs and projects in 
     cooperation with the Aviation Heritage Foundation, 
     Incorporated, the State of Ohio, and other local and 
     governmental entities to adequately conserve, protect, and 
     interpret this heritage for the educational and recreational 
     benefit of this and future generations of Americans, while 
     providing opportunities for education and revitalization.
       (8) Since the enactment of the Dayton Aviation Heritage 
     Preservation Act of 1992 (Public Law 102-419), partnerships 
     among the Federal, State, and local governments and the 
     private sector have greatly assisted the development and 
     preservation of the historic aviation resources in the Miami 
     Valley.
       (9) An aviation heritage area centered in Southwest Ohio is 
     a suitable and feasible management option to increase 
     collaboration, promote heritage tourism, and build on the 
     established partnerships among Ohio's historic aviation 
     resources and related sites.
       (10) A critical level of collaboration among the historic 
     aviation resources in Southwest Ohio cannot be achieved 
     without a congressionally established national heritage area 
     and the support of the National Park Service and other 
     Federal agencies which own significant historic aviation-
     related sites in Ohio.
       (11) The Aviation Heritage Foundation, Incorporated, would 
     be an appropriate management entity to oversee the 
     development of the National Aviation Heritage Area.
       (12) Five National Park Service and Dayton Aviation 
     Heritage Commission studies and planning documents: ``Study 
     of Alternatives: Dayton's Aviation Heritage'', ``Dayton 
     Aviation Heritage National Historical Park Suitability/
     Feasibility Study'', ``Dayton Aviation Heritage General 
     Management Plan'', ``Dayton Historic Resources Preservation 
     and Development Plan'', and Heritage Area Concept Study, 
     demonstrated that sufficient historical resources exist to 
     establish the National Aviation Heritage Area.
       (13) With the advent of the 100th anniversary of the first 
     powered flight in 2003, it is recognized that the 
     preservation of properties nationally significant in the 
     history of aviation is an important goal for the future 
     education of Americans.
       (14) Local governments, the State of Ohio, and private 
     sector interests have embraced the heritage area concept and 
     desire to enter into a partnership with the Federal 
     government to preserve, protect, and develop the Heritage 
     Area for public benefit.
       (15) The National Aviation Heritage Area would complement 
     and enhance the aviation-related resources within the 
     National Park Service, especially the Dayton Aviation 
     Heritage National Historical Park, Ohio.
       (b) Purpose.--The purpose of this title is to establish the 
     Heritage Area to--

[[Page 21237]]

       (1) encourage and facilitate collaboration among the 
     facilities, sites, organizations, governmental entities, and 
     educational institutions within the Heritage Area to promote 
     heritage tourism and to develop educational and cultural 
     programs for the public;
       (2) preserve and interpret for the educational and 
     inspirational benefit of present and future generations the 
     unique and significant contributions to our national heritage 
     of certain historic and cultural lands, structures, 
     facilities, and sites within the National Aviation Heritage 
     Area;
       (3) encourage within the National Aviation Heritage Area a 
     broad range of economic opportunities enhancing the quality 
     of life for present and future generations;
       (4) provide a management framework to assist the State of 
     Ohio, its political subdivisions, other areas, and private 
     organizations, or combinations thereof, in preparing and 
     implementing an integrated Management Plan to conserve their 
     aviation heritage and in developing policies and programs 
     that will preserve, enhance, and interpret the cultural, 
     historical, natural, recreation, and scenic resources of the 
     Heritage Area; and
       (5) authorize the Secretary to provide financial and 
     technical assistance to the State of Ohio, its political 
     subdivisions, and private organizations, or combinations 
     thereof, in preparing and implementing the private Management 
     Plan.

     SEC. 203. DEFINITIONS.

       For purposes of this title:
       (1) Board.--The term ``Board'' means the Board of Directors 
     of the Foundation.
       (2) Financial assistance.--The term ``financial 
     assistance'' means funds appropriated by Congress and made 
     available to the management entity for the purpose of 
     preparing and implementing the Management Plan.
       (3) Heritage area.--The term ``Heritage Area'' means the 
     National Aviation Heritage Area established by section 104 to 
     receive, distribute, and account for Federal funds 
     appropriated for the purpose of this title.
       (4) Management plan.--The term ``Management Plan'' means 
     the management plan for the Heritage Area developed under 
     section 106.
       (5) Management entity.--The term ``management entity'' 
     means the Aviation Heritage Foundation, Incorporated (a 
     nonprofit corporation established under the laws of the State 
     of Ohio).
       (6) Partner.--The term ``partner'' means a Federal, State, 
     or local governmental entity, organization, private industry, 
     educational institution, or individual involved in promoting 
     the conservation and preservation of the cultural and natural 
     resources of the Heritage Area.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) Technical assistance.--The term ``technical 
     assistance'' means any guidance, advice, help, or aid, other 
     than financial assistance, provided by the Secretary.

     SEC. 204. NATIONAL AVIATION HERITAGE AREA.

       (a) Establishment.--There is established in the States of 
     Ohio and Indiana, the National Aviation Heritage Area.
       (b) Boundaries.--The Heritage Area shall include the 
     following:
       (1) A core area consisting of resources in Montgomery, 
     Greene, Warren, Miami, Clark, Champaign, Shelby, and Auglaize 
     Counties in Ohio.
       (2) The Neil Armstrong Air & Space Museum, Wapakoneta, 
     Ohio.
       (3) Sites, buildings, and districts within the core area 
     recommended by the Management Plan.
       (c) Map.--A map of the Heritage Area shall be included in 
     the Management Plan. The map shall be on file in the 
     appropriate offices of the National Park Service, Department 
     of the Interior.
       (d) Management Entity.--The management entity for the 
     Heritage Area shall be the Aviation Heritage Foundation.

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

       (a) Authorities.--For purposes of implementing the 
     Management Plan, the management entity may use Federal funds 
     made available through this title to--
       (1) make grants to, and enter into cooperative agreements 
     with, the State of Ohio and political subdivisions of that 
     State, private organizations, or any person;
       (2) hire and compensate staff; and
       (3) enter into contracts for goods and services.
       (b) Duties.--The management entity shall--
       (1) develop and submit to the Secretary for approval the 
     proposed Management Plan in accordance with section 106;
       (2) give priority to implementing actions set forth in the 
     Management Plan, including taking steps to assist units of 
     government and nonprofit organizations in preserving 
     resources within the Heritage Area;
       (3) consider the interests of diverse governmental, 
     business, and nonprofit groups within the Heritage Area in 
     developing and implementing the Management Plan;
       (4) maintain a collaboration among the partners to promote 
     heritage tourism and to assist partners to develop 
     educational and cultural programs for the public;
       (5) encourage economic viability in the Heritage Area 
     consistent with the goals of the Management Plan;
       (6) assist units of government and nonprofit organizations 
     in--
       (A) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (B) developing recreational resources in the Heritage Area;
       (C) increasing public awareness of and appreciation for the 
     historical, natural, and architectural resources and sites in 
     the Heritage Area; and
       (D) restoring historic buildings that relate to the 
     purposes of the Heritage Area;
       (7) conduct public meetings at least quarterly regarding 
     the implementation of the Management Plan;
       (8) submit substantial amendments to the Management Plan to 
     the Secretary for the approval of the Secretary; and
       (9) for any year in which Federal funds have been received 
     under this title--
       (A) submit an annual report to the Secretary that sets 
     forth the accomplishments of the management entity and its 
     expenses and income;
       (B) make available to the Secretary for audit all records 
     relating to the expenditure of such funds and any matching 
     funds; and
       (C) require, with respect to all agreements authorizing 
     expenditure of Federal funds by other organizations, that the 
     receiving organizations make available to the Secretary for 
     audit all records concerning the expenditure of such funds.
       (c) Use of Federal Funds.--
       (1) In general.--The management entity shall not use 
     Federal funds received under this title to acquire real 
     property or an interest in real property.
       (2) Other sources.--Nothing in this title precludes the 
     management entity from using Federal funds from other sources 
     for authorized purposes.

     SEC. 206. MANAGEMENT PLAN.

       (a) Preparation of Plan.--Not later than 3 years after the 
     date of the enactment of this title, the management entity 
     shall submit to the Secretary for approval a proposed 
     Management Plan that shall take into consideration State and 
     local plans and involve residents, public agencies, and 
     private organizations in the Heritage Area.
       (b) Contents.--The Management Plan shall incorporate an 
     integrated and cooperative approach for the protection, 
     enhancement, and interpretation of the natural, cultural, 
     historic, scenic, and recreational resources of the Heritage 
     Area and shall include the following:
       (1) An inventory of the resources contained in the core 
     area of the Heritage Area, including the Dayton Aviation 
     Heritage Historical Park, the sites, buildings, and districts 
     listed in section 202 of the Dayton Aviation Heritage 
     Preservation Act of 1992 (Public Law 102-419), and any other 
     property in the Heritage Area that is related to the themes 
     of the Heritage Area and that should be preserved, restored, 
     managed, or maintained because of its significance.
       (2) An assessment of cultural landscapes within the 
     Heritage Area.
       (3) Provisions for the protection, interpretation, and 
     enjoyment of the resources of the Heritage Area consistent 
     with the purposes of this title.
       (4) An interpretation plan for the Heritage Area.
       (5) A program for implementation of the Management Plan by 
     the management entity, including the following:
       (A) Facilitating ongoing collaboration among the partners 
     to promote heritage tourism and to develop educational and 
     cultural programs for the public.
       (B) Assisting partners planning for restoration and 
     construction.
       (C) Specific commitments of the partners for the first 5 
     years of operation.
       (6) The identification of sources of funding for 
     implementing the plan.
       (7) A description and evaluation of the management entity, 
     including its membership and organizational structure.
       (c) Disqualification From Funding.--If a proposed 
     Management Plan is not submitted to the Secretary within 3 
     years of the date of the enactment of this title, the 
     management entity shall be ineligible to receive additional 
     funding under this title until the date on which the 
     Secretary receives the proposed Management Plan.
       (d) Approval and Disapproval of Management Plan.--The 
     Secretary, in consultation with the State of Ohio, shall 
     approve or disapprove the proposed Management Plan submitted 
     under this title not later than 90 days after receiving such 
     proposed Management Plan.
       (e) Action Following Disapproval.--If the Secretary 
     disapproves a proposed Management Plan, the Secretary shall 
     advise the management entity in writing of the reasons for 
     the disapproval and shall make recommendations for revisions 
     to the proposed Management Plan. The Secretary shall approve 
     or disapprove a proposed revision within 90 days after the 
     date it is submitted.
       (f) Approval of Amendments.--The Secretary shall review and 
     approve substantial amendments to the Management Plan. Funds 
     appropriated under this title may not be expended to 
     implement any changes made by such amendment until the 
     Secretary approves the amendment.

[[Page 21238]]



     SEC. 207. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL 
                   AGENCIES.

       (a) Technical and Financial Assistance.--Upon the request 
     of the management entity, the Secretary may provide technical 
     assistance, on a reimbursable or nonreimbursable basis, and 
     financial assistance to the Heritage Area to develop and 
     implement the management plan. The Secretary is authorized to 
     enter into cooperative agreements with the management entity 
     and other public or private entities for this purpose. In 
     assisting the Heritage Area, the Secretary shall give 
     priority to actions that in general assist in--
       (1) conserving the significant natural, historic, cultural, 
     and scenic resources of the Heritage Area; and
       (2) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (b) Duties of Other Federal Agencies.--Any Federal agency 
     conducting or supporting activities directly affecting the 
     Heritage Area shall--
       (1) consult with the Secretary and the management entity 
     with respect to such activities;
       (2) cooperate with the Secretary and the management entity 
     in carrying out their duties under this title;
       (3) to the maximum extent practicable, coordinate such 
     activities with the carrying out of such duties; and
       (4) to the maximum extent practicable, conduct or support 
     such activities in a manner which the management entity 
     determines will not have an adverse effect on the Heritage 
     Area.

     SEC. 208. COORDINATION BETWEEN THE SECRETARY AND THE 
                   SECRETARY OF DEFENSE AND THE ADMINISTRATOR OF 
                   NASA.

       The decisions concerning the execution of this title as it 
     applies to properties under the control of the Secretary of 
     Defense and the Administrator of the National Aeronautics and 
     Space Administration shall be made by such Secretary or such 
     Administrator, in consultation with the Secretary of the 
     Interior.

     SEC. 209. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

       (a) Notification and Consent of Property Owners Required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Area until 
     the owner of that private property has been notified in 
     writing by the management entity and has given written 
     consent for such preservation, conservation, or promotion to 
     the management entity.
       (b) Landowner Withdraw.--Any owner of private property 
     included within the boundary of the Heritage Area shall have 
     their property immediately removed from the boundary by 
     submitting a written request to the management entity.

     SEC. 210. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this title 
     shall be construed to--
       (1) require any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to such private property; or
       (2) modify any provision of Federal, State, or local law 
     with regard to public access to or use of private property.
       (b) Liability.--Designation of the Heritage Area shall not 
     be considered to create any liability, or to have any effect 
     on any liability under any other law, of any private property 
     owner with respect to any persons injured on such private 
     property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this title shall be construed to modify the authority of 
     Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Area.--Nothing in this title shall be construed to require 
     the owner of any private property located within the 
     boundaries of the Heritage Area to participate in or be 
     associated with the Heritage Area.
       (e) Effect of Establishment.--The boundaries designated for 
     the Heritage Area represent the area within which Federal 
     funds appropriated for the purpose of this title may be 
     expended. The establishment of the Heritage Area and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory authority on land use within the Heritage Area or 
     its viewshed by the Secretary, the National Park Service, or 
     the management entity.

     SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--To carry out this title there is 
     authorized to be appropriated $10,000,000, except that not 
     more than $1,000,000 may be appropriated to carry out this 
     title for any fiscal year.
       (b) Fifty Percent Match.--The Federal share of the cost of 
     activities carried out using any assistance or grant under 
     this title shall not exceed 50 percent.

     SEC. 212. SUNSET PROVISION.

       The authority of the Secretary to provide assistance under 
     this title terminates on the date that is 15 years after the 
     date that funds are first made available for this title.

                TITLE III--WRIGHT COMPANY FACTORY STUDY

     SEC. 301. STUDY AND REPORT.

       (a) Study.--
       (1) In general.--The Secretary shall conduct a special 
     resource study updating the study required under section 104 
     of the Dayton Aviation Heritage Preservation Act of 1992 
     (Public Law 102-419) and detailing alternatives for 
     incorporating the Wright Company factory as a unit of Dayton 
     Aviation Heritage National Historical Park.
       (2) Contents.--The study shall include an analysis of 
     alternatives for including the Wright Company factory as a 
     unit of Dayton Aviation Heritage National Historical Park 
     that detail management and development options and costs.
       (3) Consultation.--In conducting the study, the Secretary 
     shall consult with the Delphi Corporation, the Aviation 
     Heritage Foundation, State and local agencies, and other 
     interested parties in the area.
       (b) Report.--Not later than 3 years after funds are first 
     made available for this section, the Secretary shall submit 
     to the Committee on Resources of the House of Representatives 
     and the Committee on Energy and Natural Resources of the 
     Senate a report describing the results of the study conducted 
     under this section.

            TITLE IV--STEEL INDUSTRY NATIONAL HISTORIC SITE

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Steel Industry National 
     Historic Site Act''.

     SEC. 402. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds the following:
       (1) Certain sites and structures in the Commonwealth of 
     Pennsylvania symbolize in physical form the heritage of the 
     steel industry of the United States.
       (2) Certain buildings and other structures in the 
     Commonwealth of Pennsylvania are nationally significant 
     historical resources, including the United States Steel 
     Homestead Works, the Carrie Furnace complex, and the Hot 
     Metal Bridge.
       (3) Despite substantial efforts for cultural preservation 
     and historical interpretation by the Commonwealth of 
     Pennsylvania and by individuals and public and private 
     entities in the Commonwealth, these buildings and other 
     structures may be lost without the assistance of the Federal 
     Government.
       (b) Purposes.--The purposes of this title are to ensure the 
     preservation, interpretation, visitor enjoyment, and 
     maintenance of the nationally significant historical and 
     cultural sites and structures described in subsection (a) for 
     the benefit and inspiration of present and future 
     generations.

     SEC. 403. STEEL INDUSTRY NATIONAL HISTORIC SITE, 
                   PENNSYLVANIA.

       (a) Establishment.--The Steel Industry National Historic 
     Site is hereby established as a unit of the National Park 
     System in the Commonwealth of Pennsylvania.
       (b) Description.--
       (1) Inclusion of certain property.--Subject to paragraph 
     (2), the historic site shall consist of the following 
     properties, each of which relate to the former United States 
     Steel Homestead Works, as depicted on the map entitled 
     ``Steel Industry National Historic Site'', dated November 
     2003, and numbered 80,000:
       (A) The historic location of the Battle of Homestead site 
     in the borough of Munhall, Pennsylvania, consisting of 
     approximately 3 acres of land, including the pumphouse and 
     water tower and related structures, within the property 
     bounded by the Monongahela River, the CSX railroad, 
     Waterfront Drive, and the Damascus-Marcegaglia Steel Mill.
       (B) The historic location of the Carrie Furnace complex in 
     the boroughs of Swissvale and Rankin, Pennsylvania, 
     consisting of approximately 35 acres of land, including blast 
     furnaces 6 and 7, the ore yard, the cast house, the blowing 
     engine house, the AC power house, and related structures, 
     within the property bounded by the proposed southwesterly 
     right-of-way line needed to accommodate the Mon/Fayette 
     Expressway and the relocated CSX railroad right-of-way, the 
     Monongahela River, and a property line drawn northeast to 
     southwest approximately 100 yards east of the AC power house.
       (C) The historic location of the Hot Metal Bridge, 
     consisting of the Union railroad bridge and its approaches, 
     spanning the Monongahela River and connecting the mill sites 
     in the boroughs of Rankin and Munhall, Pennsylvania.
       (2) Availability of map.--The map referred to in paragraph 
     (1) shall be available for public inspection in an 
     appropriate office of the National Park Service.
       (c) Acquisition of Property.--To further the purposes of 
     this section, the Secretary of the Interior may acquire, only 
     by donation, property for inclusion in the historic site as 
     follows:
       (1) Any land or interest in land with respect to the 
     property identified in subsection (b)(1).
       (2) Up to 10 acres of land adjacent to or in the general 
     proximity of the property identified in such subsection, for 
     the development of visitor, administrative, museum, 
     curatorial, and maintenance facilities.
       (3) Personal property associated with, and appropriate for, 
     the interpretation of the historic site.
       (d) Private Property Protections.--Nothing in this title 
     shall be construed--
       (1) to require any private property owner to permit public 
     access (including Federal,

[[Page 21239]]

     State, or local government access) to the private property; 
     or
       (2) to modify any provision of Federal, State, or local law 
     with regard to public access to or use of private property.
       (e) Administration.--The Secretary of the Interior shall 
     administer the historic site in accordance with this title 
     and the provisions of law generally applicable to units of 
     the National Park System, including the Act of August 25, 
     1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 
     (16 U.S.C. 461 et seq.).
       (f) Cooperative Agreements.--
       (1) In general.--Until such time as the Secretary of the 
     Interior has acquired the property identified in subsection 
     (b)(1), as depicted on the map referred to in such 
     subsection, the Secretary may enter into a cooperative 
     agreement with any interested individual, public or private 
     agency, organization, or institution to further the purposes 
     of the historic site.
       (2) Contrary purposes.--Any payment made by the Secretary 
     pursuant to a cooperative agreement under this subsection 
     shall be subject to an agreement that conversion, use, or 
     disposal of the project so assisted for purposes contrary to 
     the purpose of the historic site, as determined by the 
     Secretary, shall result in a right of the United States to 
     reimbursement of all funds made available to such a project 
     or the proportion of the increased value of the project 
     attributable to such funds as determined at the time of such 
     conversion, use, or disposal, whichever is greater.
       (g) Technical Assistance.--The Secretary of the Interior 
     may provide technical assistance to any person for--
       (1) the preservation of historic structures within the 
     historic site; and
       (2) the maintenance of the natural and cultural landscape 
     of the historic site.
       (h) General Management Plan.--
       (1) Preparation.--Not later than three years after the date 
     on which funds are first made available to carry out this 
     title, the Secretary of the Interior shall prepare a general 
     management plan for the historic site that will incorporate 
     or otherwise address substantive comments made during the 
     consultation required by paragraph (2).
       (2) Consultation.--The Secretary shall prepare the general 
     management plan in consultation with--
       (A) an appropriate official of each appropriate political 
     subdivision of the Commonwealth of Pennsylvania that has 
     jurisdiction over all or a portion of the lands included in 
     the historic site;
       (B) an appropriate official of the Steel Industry Heritage 
     Corporation; and
       (C) private property owners in the vicinity of the historic 
     site.
       (3) Submission of plan to congress.--Upon the completion of 
     the general management plan, the Secretary shall submit a 
     copy of the plan to the Committee on Energy and Natural 
     Resources of the Senate and the Committee on Resources of the 
     House of Representatives.

     SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the purposes of 
     this title $25,000,000.

            TITLE V--ST. CROIX NATIONAL HERITAGE AREA STUDY

     SEC. 501. ST. CROIX NATIONAL HERITAGE AREA STUDY.

       (a) Short Title.--This section may be cited as the ``St. 
     Croix National Heritage Area Study Act''.
       (b) Study.--The Secretary of the Interior, in consultation 
     with appropriate State historic preservation officers, States 
     historical societies, and other appropriate organizations, 
     shall conduct a study regarding the suitability and 
     feasibility of designating the island of St. Croix as the St. 
     Croix National Heritage Area. The study shall include 
     analysis, documentation, and determination regarding whether 
     the island of St. Croix--
       (1) has an assemblage of natural, historic, and cultural 
     resources that together represent distinctive aspects of 
     American heritage worthy of recognition, conservation, 
     interpretation, and continuing use, and are best managed 
     through partnerships among public and private entities and by 
     combining diverse and sometimes noncontiguous resources and 
     active communities;
       (2) provides outstanding opportunities to conserve natural, 
     historic, cultural, or scenic features;
       (3) provides outstanding recreational and educational 
     opportunities;
       (4) contains resources important to the identified theme or 
     themes of the island of St. Croix that retain a degree of 
     integrity capable of supporting interpretation;
       (5) includes residents, business interests, nonprofit 
     organizations, and local and State governments that are 
     involved in the planning, have developed a conceptual 
     financial plan that outlines the roles of all participants 
     (including the Federal Government), and have demonstrated 
     support for the concept of a national heritage area;
       (6) has a potential management entity to work in 
     partnership with residents, business interests, nonprofit 
     organizations, and local and State governments to develop a 
     national heritage area consistent with continued local and 
     State economic activity; and
       (7) has a conceptual boundary map that is supported by the 
     public.
       (c) Private Property.--In conducting the study required by 
     this section, the Secretary of the Interior shall analyze the 
     potential impact that designation of the area as a national 
     heritage area is likely to have on land within the proposed 
     area or bordering the proposed area that is privately owned 
     at the time that the study is conducted.
       (d) Report.--Not later than 3 fiscal years after the date 
     on which funds are first made available for this section, the 
     Secretary of the Interior shall submit to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate a report on the 
     findings, conclusions, and recommendations as the Secretary 
     deems appropriate.

            TITLE VI--ARABIA MOUNTAIN NATIONAL HERITAGE AREA

     SEC. 601. SHORT TITLE.

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

     SEC. 602. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The Arabia Mountain area contains a variety of natural, 
     cultural, historical, scenic, and recreational resources that 
     together represent distinctive aspects of the heritage of the 
     United States that are worthy of recognition, conservation, 
     interpretation, and continuing use.
       (2) The best methods for managing the resources of the 
     Arabia Mountain area would be through partnerships between 
     public and private entities that combine diverse resources 
     and active communities.
       (3) Davidson-Arabia Mountain Nature Preserve, a 535-acre 
     park in DeKalb County, Georgia--
       (A) protects granite outcrop ecosystems, wetland, and pine 
     and oak forests; and
       (B) includes federally-protected plant species.
       (4) Panola Mountain, a national natural landmark, located 
     in the 860-acre Panola Mountain State Conservation Park, is a 
     rare example of a pristine granite outcrop.
       (5) The archaeological site at Miners Creek Preserve along 
     the South River contains documented evidence of early human 
     activity.
       (6) The city of Lithonia, Georgia, and related sites of 
     Arabia Mountain and Stone Mountain possess sites that display 
     the history of granite mining as an industry and culture in 
     Georgia, and the impact of that industry on the United 
     States.
       (7) The community of Klondike is eligible for designation 
     as a National Historic District.
       (8) The city of Lithonia has 2 structures listed on the 
     National Register of Historic Places.
       (b) Purposes.--The purposes of this title are as follows:
       (1) To recognize, preserve, promote, interpret, and make 
     available for the benefit of the public the natural, 
     cultural, historical, scenic, and recreational resources in 
     the area that includes Arabia Mountain, Panola Mountain, 
     Miners Creek, and other significant sites and communities.
       (2) To assist the State of Georgia and the counties of 
     DeKalb, Rockdale, and Henry in the State in developing and 
     implementing an integrated cultural, historical, and land 
     resource management program to protect, enhance, and 
     interpret the significant resources within the heritage area.

     SEC. 603. DEFINITIONS.

       For the purposes of this title, the following definitions 
     apply:
       (1) Heritage area.--The term ``heritage area'' means the 
     Arabia Mountain National Heritage Area established by section 
     504.
       (2) Management entity.--The term ``management entity'' 
     means the Arabia Mountain Heritage Area Alliance or a 
     successor of the Arabia Mountain Heritage Area Alliance.
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the heritage area developed under 
     section 506.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of Georgia.

     SEC. 604. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Arabia 
     Mountain National Heritage Area in the State.
       (b) Boundaries.--The heritage area shall consist of certain 
     parcels of land in the counties of DeKalb, Rockdale, and 
     Henry in the State, as generally depicted on the map entitled 
     ``Arabia Mountain National Heritage Area'', numbered AMNHA/
     80,000, and dated October, 2003.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (d) Management Entity.--The Arabia Mountain Heritage Area 
     Alliance shall be the management entity for the heritage 
     area.

     SEC. 605. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

       (a) Authorities.--For purposes of developing and 
     implementing the management plan, the management entity may--
       (1) make grants to, and enter into cooperative agreements 
     with, the State, political subdivisions of the State, and 
     private organizations;
       (2) hire and compensate staff; and
       (3) enter into contracts for goods and services.

[[Page 21240]]

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

     SEC. 606. MANAGEMENT PLAN.

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

     SEC. 607. TECHNICAL AND FINANCIAL ASSISTANCE.

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

     SEC. 608. EFFECT ON CERTAIN AUTHORITY.

       (a) Occupational, Safety, Conservation, and Environmental 
     Regulation.--Nothing in this title--
       (1) imposes an occupational, safety, conservation, or 
     environmental regulation on the heritage area that is more 
     stringent than the regulations that would be applicable to 
     the land described in section 504(b) but for the 
     establishment of the heritage area by section 504; or
       (2) authorizes a Federal agency to promulgate an 
     occupational, safety, conservation, or environmental 
     regulation for the heritage area that is more stringent than 
     the regulations applicable to the land described in section 
     504(b) as of the date of enactment of this Act, solely as a 
     result of the establishment of the heritage area by section 
     504.
       (b) Land Use Regulation.--Nothing in this title--
       (1) modifies, enlarges, or diminishes any authority of the 
     Federal Government or a State or local government to regulate 
     any use of land as provided for by law (including 
     regulations) in existence on the date of enactment of this 
     Act; or
       (2) grants powers of zoning or land use to the management 
     entity.

     SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

       (a) Notification and Consent of Property Owners Required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Area until 
     the owner of that private property has been notified in 
     writing by the management entity and has given written 
     consent for such preservation, conservation, or promotion to 
     the management entity.
       (b) Landowner Withdraw.--Any owner of private property 
     included within the boundary of the Heritage Area shall have 
     their property immediately removed from the boundary by 
     submitting a written request to the management entity.

     SEC. 610. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this title 
     shall be construed to--
       (1) require any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to such private property; or
       (2) modify any provision of Federal, State, or local law 
     with regard to public access to or use of private property.
       (b) Liability.--Designation of the Heritage Area shall not 
     be considered to create any liability, or to have any effect 
     on any liability under any other law, of any private property 
     owner with respect to any persons injured on such private 
     property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this title shall be construed to modify the authority of 
     Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Area.--Nothing in this title shall be construed to require 
     the owner of any private property located within the 
     boundaries of the Heritage Area to participate in or be 
     associated with the Heritage Area.
       (e) Effect of Establishment.--The boundaries designated for 
     the Heritage Area represent the area within which Federal 
     funds appropriated for the purpose of this title may be 
     expended. The establishment of the Heritage Area and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory authority on land use within the Heritage Area or 
     its viewshed by the Secretary,

[[Page 21241]]

     the National Park Service, or the management entity.

     SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 612. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide assistance under 
     this title terminates on the date that is 15 years after the 
     date that funds are first made available for this title.

       TITLE VII--UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA

     SEC. 701. SHORT TITLE.

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

     SEC. 702. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The upper Housatonic Valley, encompassing 29 towns in 
     the hilly terrain of western Massachusetts and northwestern 
     Connecticut, is a singular geographical and cultural region 
     that has made significant national contributions through its 
     literary, artistic, musical, and architectural achievements, 
     its iron, paper, and electrical equipment industries, and its 
     scenic beautification and environmental conservation efforts.
       (2) The upper Housatonic Valley has 139 properties and 
     historic districts listed on the National Register of 
     Historic Places including--
       (A) five National Historic Landmarks--
       (i) Edith Wharton's home, The Mount, Lenox, Massachusetts;
       (ii) Herman Melville's home, Arrowhead, Pittsfield, 
     Massachusetts;
       (iii) W.E.B. DuBois' Boyhood Homesite, Great Barrington, 
     Massachusetts;
       (iv) Mission House, Stockbridge, Massachusetts; and
       (v) Crane and Company Old Stone Mill Rag Room, Dalton, 
     Massachusetts; and
       (B) four National Natural Landmarks--
       (i) Bartholomew's Cobble, Sheffield, Massachusetts, and 
     Salisbury, Connecticut;
       (ii) Beckley Bog, Norfolk, Connecticut;
       (iii) Bingham Bog, Salisbury, Connecticut; and
       (iv) Cathedral Pines, Cornwall, Connecticut.
       (3) Writers, artists, musicians, and vacationers have 
     visited the region for more than 150 years to enjoy its 
     scenic wonders, making it one of the country's leading 
     cultural resorts.
       (4) The upper Housatonic Valley has made significant 
     national cultural contributions through such writers as 
     Herman Melville, Nathaniel Hawthorne, Edith Wharton, and 
     W.E.B. DuBois, artists Daniel Chester French and Norman 
     Rockwell, and the performing arts centers of Tanglewood, 
     Music Mountain, Norfolk (Connecticut) Chamber Music Festival, 
     Jacob's Pillow, and Shakespeare & Company.
       (5) The upper Housatonic Valley is noted for its pioneering 
     achievements in the iron, paper, and electrical generation 
     industries and has cultural resources to interpret those 
     industries.
       (6) The region became a national leader in scenic 
     beautification and environmental conservation efforts 
     following the era of industrialization and deforestation and 
     maintains a fabric of significant conservation areas 
     including the meandering Housatonic River.
       (7) Important historical events related to the American 
     Revolution, Shays' Rebellion, and early civil rights took 
     place in the upper Housatonic Valley.
       (8) The region had an American Indian presence going back 
     10,000 years and Mohicans had a formative role in contact 
     with Europeans during the seventeenth and eighteenth 
     centuries.
       (9) The Upper Housatonic Valley National Heritage Area has 
     been proposed in order to heighten appreciation of the 
     region, preserve its natural and historical resources, and 
     improve the quality of life and economy of the area.
       (b) Purposes.--The purposes of this title are as follows:
       (1) To establish the Upper Housatonic Valley National 
     Heritage Area in the State of Connecticut and the 
     Commonwealth of Massachusetts.
       (2) To implement the national heritage area alternative as 
     described in the document entitled ``Upper Housatonic Valley 
     National Heritage Area Feasibility Study, 2003''.
       (3) To provide a management framework to foster a close 
     working relationship with all levels of government, the 
     private sector, and the local communities in the upper 
     Housatonic Valley region to conserve the region's heritage 
     while continuing to pursue compatible economic opportunities.
       (4) To assist communities, organizations, and citizens in 
     the State of Connecticut and the Commonwealth of 
     Massachusetts in identifying, preserving, interpreting, and 
     developing the historical, cultural, scenic, and natural 
     resources of the region for the educational and inspirational 
     benefit of current and future generations.

     SEC. 703. DEFINITIONS.

       In this title:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Upper Housatonic Valley National Heritage Area, established 
     in section 604.
       (2) Management entity.--The term ``Management Entity'' 
     means the management entity for the Heritage Area designated 
     by section 604(d).
       (3) Management plan.--The term ``Management Plan'' means 
     the management plan for the Heritage Area specified in 
     section 606.
       (4) Map.--The term ``map'' means the map entitled 
     ``Boundary Map Upper Housatonic Valley National Heritage 
     Area'', numbered P17/80,000, and dated February 2003.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of 
     Connecticut and the Commonwealth of Massachusetts.

     SEC. 704. UPPER HOUSATONIC VALLEY NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established the Upper 
     Housatonic Valley National Heritage Area.
       (b) Boundaries.--The Heritage Area shall be comprised of--
       (1) part of the Housatonic River's watershed, which extends 
     60 miles from Lanesboro, Massachusetts to Kent, Connecticut;
       (2) the towns of Canaan, Colebrook, Cornwall, Kent, 
     Norfolk, North Canaan, Salisbury, Sharon, and Warren in 
     Connecticut; and
       (3) the towns of Alford, Becket, Dalton, Egremont, Great 
     Barrington, Hancock, Hinsdale, Lanesboro, Lee, Lenox, 
     Monterey, Mount Washington, New Marlboro, Pittsfield, 
     Richmond, Sheffield, Stockbridge, Tyringham, Washington, and 
     West Stockbridge in Massachusetts.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service, Department of the Interior.
       (d) Management Entity.--The Upper Housatonic Valley 
     National Heritage Area, Inc. shall be the management entity 
     for the Heritage Area.

     SEC. 705. AUTHORITIES, PROHIBITIONS AND DUTIES OF THE 
                   MANAGEMENT ENTITY.

       (a) Duties of the Management Entity.--To further the 
     purposes of the Heritage Area, the management entity shall--
       (1) prepare and submit a management plan for the Heritage 
     Area to the Secretary in accordance with section 606;
       (2) assist units of local government, regional planning 
     organizations, and nonprofit organizations in implementing 
     the approved management plan by--
       (A) carrying out programs and projects that recognize, 
     protect and enhance important resource values within the 
     Heritage Area;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Area;
       (C) developing recreational and educational opportunities 
     in the Heritage Area;
       (D) increasing public awareness of and appreciation for 
     natural, historical, scenic, and cultural resources of the 
     Heritage Area;
       (E) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with heritage area 
     themes;
       (F) ensuring that signs identifying points of public access 
     and sites of interest are posted throughout the Heritage 
     Area; and
       (G) promoting a wide range of partnerships among 
     governments, organizations and individuals to further the 
     purposes of the Heritage Area;
       (3) consider the interests of diverse units of government, 
     businesses, organizations and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (4) conduct meetings open to the public at least semi-
     annually regarding the development and implementation of the 
     management plan;
       (5) submit an annual report to the Secretary for any fiscal 
     year in which the management entity receives Federal funds 
     under this title, setting forth its accomplishments, 
     expenses, and income, including grants to any other entities 
     during the year for which the report is made;
       (6) make available for audit for any fiscal year in which 
     it receives Federal funds under this title, all information 
     pertaining to the expenditure of such funds and any matching 
     funds, and require in all agreements authorizing expenditures 
     of Federal funds by other organizations, that the receiving 
     organizations make available for such audit all records and 
     other information pertaining to the expenditure of such 
     funds; and
       (7) encourage by appropriate means economic development 
     that is consistent with the purposes of the Heritage Area.
       (b) Authorities.--The management entity may, for the 
     purposes of preparing and implementing the management plan 
     for the Heritage Area, use Federal funds made available 
     through this title to--
       (1) make grants to the State of Connecticut and the 
     Commonwealth of Massachusetts, their political subdivisions, 
     nonprofit organizations and other persons;
       (2) enter into cooperative agreements with or provide 
     technical assistance to the State

[[Page 21242]]

     of Connecticut and the Commonwealth of Massachusetts, their 
     subdivisions, nonprofit organizations, and other interested 
     parties;
       (3) hire and compensate staff, which shall include 
     individuals with expertise in natural, cultural, and 
     historical resources protection, and heritage programming;
       (4) obtain money or services from any source including any 
     that are provided under any other Federal law or program;
       (5) contract for goods or services; and
       (6) undertake to be a catalyst for any other activity that 
     furthers the purposes of the Heritage Area and is consistent 
     with the approved management plan.
       (c) Prohibitions on the Acquisition of Real Property.--The 
     management entity may not use Federal funds received under 
     this title to acquire real property, but may use any other 
     source of funding, including other Federal funding outside 
     this authority, intended for the acquisition of real 
     property.

     SEC. 706. MANAGEMENT PLAN.

       (a) In General.--The management plan for the Heritage Area 
     shall--
       (1) include comprehensive policies, strategies and 
     recommendations for conservation, funding, management and 
     development of the Heritage Area;
       (2) take into consideration existing State, county, and 
     local plans in the development of the management plan and its 
     implementation;
       (3) include a description of actions that governments, 
     private organizations, and individuals have agreed to take to 
     protect the natural, historical and cultural resources of the 
     Heritage Area;
       (4) specify the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Area in the 
     first 5 years of implementation;
       (5) include an inventory of the natural, historical, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area related to the themes of the Heritage Area 
     that should be preserved, restored, managed, developed, or 
     maintained;
       (6) describe a program of implementation for the management 
     plan including plans for resource protection, restoration, 
     construction, and specific commitments for implementation 
     that have been made by the management entity or any 
     government, organization, or individual for the first 5 years 
     of implementation; and
       (7) include an interpretive plan for the Heritage Area.
       (b) Deadline and Termination of Funding.--
       (1) Deadline.--The management entity shall submit the 
     management plan to the Secretary for approval within 3 years 
     after funds are made available for this title.
       (2) Termination of funding.--If the management plan is not 
     submitted to the Secretary in accordance with this 
     subsection, the management entity shall not qualify for 
     Federal funding under this title until such time as the 
     management plan is submitted to the Secretary.

     SEC. 707. DUTIES AND AUTHORITIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--The Secretary may, 
     upon the request of the management entity, provide technical 
     assistance on a reimbursable or non-reimbursable basis and 
     financial assistance to the Heritage Area to develop and 
     implement the approved management plan. The Secretary is 
     authorized to enter into cooperative agreements with the 
     management entity and other public or private entities for 
     this purpose. In assisting the Heritage Area, the Secretary 
     shall give priority to actions that in general assist in--
       (1) conserving the significant natural, historical, 
     cultural, and scenic resources of the Heritage Area; and
       (2) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (b) Approval and Disapproval of Management Plan.--
       (1) In general.--The Secretary shall approve or disapprove 
     the management plan not later than 90 days after receiving 
     the management plan.
       (2) Criteria for approval.--In determining the approval of 
     the management plan, the Secretary shall consider whether--
       (A) the management entity is representative of the diverse 
     interests of the Heritage Area including governments, natural 
     and historic resource protection organizations, educational 
     institutions, businesses, and recreational organizations;
       (B) the management entity has afforded adequate 
     opportunity, including public hearings, for public and 
     governmental involvement in the preparation of the management 
     plan;
       (C) the resource protection and interpretation strategies 
     contained in the management plan, if implemented, would 
     adequately protect the natural, historical, and cultural 
     resources of the Heritage Area; and
       (D) the management plan is supported by the appropriate 
     State and local officials whose cooperation is needed to 
     ensure the effective implementation of the State and local 
     aspects of the management plan.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan, the Secretary shall advise 
     the management entity in writing of the reasons therefore and 
     shall make recommendations for revisions to the management 
     plan. The Secretary shall approve or disapprove a proposed 
     revision within 60 days after the date it is submitted.
       (4) Approval of amendments.--Substantial amendments to the 
     management plan shall be reviewed by the Secretary and 
     approved in the same manner as provided for the original 
     management plan. The management entity shall not use Federal 
     funds authorized by this title to implement any amendments 
     until the Secretary has approved the amendments.

     SEC. 708. DUTIES OF OTHER FEDERAL AGENCIES.

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

     SEC. 709. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

       (a) Notification and Consent of Property Owners Required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Area until 
     the owner of that private property has been notified in 
     writing by the management entity and has given written 
     consent for such preservation, conservation, or promotion to 
     the management entity.
       (b) Landowner Withdraw.--Any owner of private property 
     included within the boundary of the Heritage Area shall have 
     their property immediately removed from the boundary by 
     submitting a written request to the management entity.

     SEC. 710. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this title 
     shall be construed to--
       (1) require any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to such private property; or
       (2) modify any provision of Federal, State, or local law 
     with regard to public access to or use of private property.
       (b) Liability.--Designation of the Heritage Area shall not 
     be considered to create any liability, or to have any effect 
     on any liability under any other law, of any private property 
     owner with respect to any persons injured on such private 
     property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this title shall be construed to modify the authority of 
     Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Area.--Nothing in this title shall be construed to require 
     the owner of any private property located within the 
     boundaries of the Heritage Area to participate in or be 
     associated with the Heritage Area.
       (e) Effect of Establishment.--The boundaries designated for 
     the Heritage Area represent the area within which Federal 
     funds appropriated for the purpose of this title may be 
     expended. The establishment of the Heritage Area and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory authority on land use within the Heritage Area or 
     its viewshed by the Secretary, the National Park Service, or 
     the management entity.

     SEC. 711. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated for 
     the purposes of this title not more than $1,000,000 for any 
     fiscal year. Not more than a total of $10,000,000 may be 
     appropriated for the Heritage Area under this title.
       (b) Matching Funds.--Federal funding provided under this 
     title may not exceed 50 percent of the total cost of any 
     assistance or grant provided or authorized under this title.

     SEC. 712. SUNSET.

       The authority of the Secretary to provide assistance under 
     this title shall terminate on the day occurring 15 years 
     after funds are first made available for this title.

             TITLE VIII--OIL REGION NATIONAL HERITAGE AREA

     SEC. 801. SHORT TITLE; DEFINITIONS.

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

     SEC. 802. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds the following:
       (1) The Oil Region of Northwestern Pennsylvania, with 
     numerous sites and districts listed on the National Register 
     of Historic

[[Page 21243]]

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

     SEC. 803. OIL REGION NATIONAL HERITAGE AREA.

       (a) Establishment.--There is hereby established the Oil 
     Region National Heritage Area.
       (b) Boundaries.--The boundaries of the Heritage Area shall 
     include all of those lands depicted on a map entitled ``Oil 
     Region National Heritage Area'', numbered OIRE/20,000 and 
     dated October, 2000. The map shall be on file in the 
     appropriate offices of the National Park Service. The 
     Secretary of the Interior shall publish in the Federal 
     Register, as soon as practical after the date of the 
     enactment of this Act, a detailed description and map of the 
     boundaries established under this subsection.
       (c) Management Entity.--The management entity for the 
     Heritage Area shall be the Oil Heritage Region, Inc., the 
     locally based private, nonprofit management corporation which 
     shall oversee the development of a management plan in 
     accordance with section 705(b).

     SEC. 804. COMPACT.

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

     SEC. 805. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

       (a) Authorities of the Management Entity.--The management 
     entity may use funds made available under this title for 
     purposes of preparing, updating, and implementing the 
     management plan developed under subsection (b). Such purposes 
     may include--
       (1) making grants to, and entering into cooperative 
     agreements with, States and their political subdivisions, 
     private organizations, or any other person;
       (2) hiring and compensating staff; and
       (3) undertaking initiatives that advance the purposes of 
     the Heritage Area.
       (b) Management Plan.--The management entity shall develop a 
     management plan for the Heritage Area that--
       (1) presents comprehensive strategies and recommendations 
     for conservation, funding, management, and development of the 
     Heritage Area;
       (2) takes into consideration existing State, county, and 
     local plans and involves residents, public agencies, and 
     private organizations working in the Heritage Area;
       (3) includes a description of actions that units of 
     government and private organizations have agreed to take to 
     protect the resources of the Heritage Area;
       (4) specifies the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Area;
       (5) includes an inventory of the resources contained in the 
     Heritage Area, including a list of any property in the 
     Heritage Area that is related to the themes of the Heritage 
     Area and that should be preserved, restored, managed, 
     developed, or maintained because of its natural, cultural, 
     historic, recreational, or scenic significance;
       (6) describes a program for implementation of the 
     management plan by the management entity, including plans for 
     restoration and construction, and specific commitments for 
     that implementation that have been made by the management 
     entity and any other persons for the first 5 years of 
     implementation;
       (7) lists any revisions to the boundaries of the Heritage 
     Area proposed by the management entity and requested by the 
     affected local government; and
       (8) includes an interpretation plan for the Heritage Area.
       (c) Deadline; Termination of Funding.--
       (1) Deadline.--The management entity shall submit the 
     management plan to the Secretary within 2 years after the 
     funds are made available for this title.
       (2) Termination of funding.--If a management plan is not 
     submitted to the Secretary in accordance with this 
     subsection, the management entity shall not qualify for 
     Federal assistance under this title.
       (d) Duties of Management Entity.--The management entity 
     shall--
       (1) give priority to implementing actions set forth in the 
     compact and management plan;
       (2) assist units of government, regional planning 
     organizations, and nonprofit organizations in--
       (A) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (B) developing recreational resources in the Heritage Area;
       (C) increasing public awareness of and appreciation for the 
     natural, historical, and architectural resources and sites in 
     the Heritage Area;
       (D) the restoration of any historic building relating to 
     the themes of the Heritage Area;
       (E) ensuring that clear signs identifying access points and 
     sites of interest are put in place throughout the Heritage 
     Area; and
       (F) carrying out other actions that the management entity 
     determines to be advisable to fulfill the purposes of this 
     title;
       (3) encourage by appropriate means economic viability in 
     the Heritage Area consistent with the goals of the management 
     plan;
       (4) consider the interests of diverse governmental, 
     business, and nonprofit groups within the Heritage Area; and
       (5) for any year in which Federal funds have been provided 
     to implement the management plan under subsection (b)--
       (A) conduct public meetings at least annually regarding the 
     implementation of the management plan;
       (B) submit an annual report to the Secretary setting forth 
     accomplishments, expenses and income, and each person to 
     which any grant was made by the management entity in the year 
     for which the report is made; and
       (C) require, for all agreements entered into by the 
     management entity authorizing expenditure of Federal funds by 
     any other person, that the person making the expenditure make 
     available to the management entity for audit all records 
     pertaining to the expenditure of such funds.
       (e) Prohibition on the Acquisition of Real Property.--The 
     management entity may not use Federal funds received under 
     this title to acquire real property or an interest in real 
     property.

     SEC. 806. DUTIES AND AUTHORITIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--
       (1) In general.--
       (A) Overall assistance.--The Secretary may, upon the 
     request of the management entity, and subject to the 
     availability of appropriations, provide technical and 
     financial assistance to the management entity to carry out 
     its duties under this title, including updating and 
     implementing a management plan that is submitted under 
     section 705(b) and approved by the Secretary and, prior to 
     such approval, providing assistance for initiatives.
       (B) Other assistance.--If the Secretary has the resources 
     available to provide technical assistance to the management 
     entity to carry out its duties under this title (including 
     updating and implementing a management plan that is submitted 
     under section 705(b) and approved by the Secretary and, prior 
     to such approval, providing assistance for initiatives), upon 
     the request of the management entity the Secretary shall 
     provide such assistance on a reimbursable basis. This 
     subparagraph does not preclude the Secretary from providing 
     nonreimbursable assistance under subparagraph (A).
       (2) Priority.--In assisting the management entity, the 
     Secretary shall give priority to actions that assist in the--
       (A) implementation of the management plan;

[[Page 21244]]

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

     SEC. 807. DUTIES OF OTHER FEDERAL ENTITIES.

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

     SEC. 808. SUNSET.

       The Secretary may not make any grant or provide any 
     assistance under this title after the expiration of the 15-
     year period beginning on the date that funds are first made 
     available for this title.

     SEC. 809. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

       (a) Notification and Consent of Property Owners Required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Area until 
     the owner of that private property has been notified in 
     writing by the management entity and has given written 
     consent for such preservation, conservation, or promotion to 
     the management entity.
       (b) Landowner Withdraw.--Any owner of private property 
     included within the boundary of the Heritage Area shall have 
     their property immediately removed from the boundary by 
     submitting a written request to the management entity.

     SEC. 810. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this title 
     shall be construed to--
       (1) require any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to such private property; or
       (2) modify any provision of Federal, State, or local law 
     with regard to public access to or use of private property.
       (b) Liability.--Designation of the Heritage Area shall not 
     be considered to create any liability, or to have any effect 
     on any liability under any other law, of any private property 
     owner with respect to any persons injured on such private 
     property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this title shall be construed to modify the authority of 
     Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Area.--Nothing in this title shall be construed to require 
     the owner of any private property located within the 
     boundaries of the Heritage Area to participate in or be 
     associated with the Heritage Area.
       (e) Effect of Establishment.--The boundaries designated for 
     the Heritage Area represent the area within which Federal 
     funds appropriated for the purpose of this title may be 
     expended. The establishment of the Heritage Area and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory authority on land use within the Heritage Area or 
     its viewshed by the Secretary, the National Park Service, or 
     the management entity.

     SEC. 811. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

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

     SEC. 812. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title--
       (1) not more than $1,000,000 for any fiscal year; and
       (2) not more than a total of $10,000,000.
       (b) 50 Percent Match.--Financial assistance provided under 
     this title may not be used to pay more than 50 percent of the 
     total cost of any activity carried out with that assistance.

             TITLE IX--WESTERN RESERVE HERITAGE AREAS STUDY

     SEC. 901. SHORT TITLE.

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

     SEC. 902. NATIONAL PARK SERVICE STUDY REGARDING THE WESTERN 
                   RESERVE, OHIO.

       (a) Findings.--The Congress finds the following:
       (1) The area that encompasses the modern-day counties of 
     Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, 
     Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and 
     Ashland in Ohio with the rich history in what was once the 
     Western Reserve, has made a unique contribution to the 
     cultural, political and industrial development of the United 
     States.
       (2) The Western Reserve is distinctive as the land settled 
     by the people of Connecticut after the Revolutionary War. The 
     Western Reserve holds a unique mark as the original 
     wilderness land of the West that many settlers migrated to in 
     order to begin life outside of the original 13 colonies.
       (3) The Western Reserve played a significant role in 
     providing land to the people of Connecticut whose property 
     and land was destroyed during the Revolution. These settlers 
     were descendants of the brave immigrants who came to the 
     Americas in the 17th century.
       (4) The Western Reserve offered a new destination for those 
     who moved west in search of land and prosperity. The 
     agricultural and industrial base that began in the Western 
     Reserve still lives strong in these prosperous and historical 
     counties.
       (5) The heritage of the Western Reserve remains transfixed 
     in the counties of Trumbull, Mahoning, Ashtabula, Portage, 
     Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, 
     Ottawa, and Ashland in Ohio. The people of these counties are 
     proud of their heritage as shown through the unwavering 
     attempts to preserve agricultural land and the industrial 
     foundation that has been embedded in this region since the 
     establishment of the Western Reserve. Throughout these 
     counties, historical sites, and markers preserve the unique 
     traditions and customs of its original heritage.
       (6) The counties that encompass the Western Reserve 
     continue to maintain a strong connection to its historic past 
     as seen through its preservation of its local heritage, 
     including historic homes, buildings, and centers of public 
     gatherings.
       (7) There is a need for assistance for the preservation and 
     promotion of the significance of the Western Reserve as the 
     natural, historic and cultural heritage of the counties of 
     Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, 
     Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa and 
     Ashland in Ohio.
       (8) The Department of the Interior is responsible for 
     protecting the Nation's cultural and historical resources. 
     There are significant examples of such resources within these 
     counties and what was once the Western Reserve to merit the 
     involvement of the Federal Government in the development of 
     programs and projects, in cooperation with the State of Ohio 
     and other local governmental entities, to adequately 
     conserve, protect, and interpret this heritage for future 
     generations, while providing opportunities for education and 
     revitalization.
       (b) Study.--
       (1) In general.--The Secretary shall, in consultation with 
     the State of Ohio, the counties of Trumbull, Mahoning, 
     Ashtabula,

[[Page 21245]]

     Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, 
     Lorain, Erie, Ottawa, and Ashland, and other appropriate 
     organizations, carry out a study regarding the suitability 
     and feasibility of establishing the Western Reserve Heritage 
     Area in these counties in Ohio.
       (2) Contents.--The study shall include analysis and 
     documentation regarding whether the Study Area--
       (A) has an assemblage of natural, historic, and cultural 
     resources that together represent distinctive aspects of 
     American heritage worthy of recognition, conservation, 
     interpretation, and continuing use, and are best managed 
     through partnerships among public and private entities and by 
     combining diverse and sometimes noncontiguous resources and 
     active communities;
       (B) reflects traditions, customs, beliefs, and folklife 
     that are a valuable part of the national story;
       (C) provides outstanding opportunities to conserve natural, 
     historic, cultural, or scenic features;
       (D) provides outstanding recreational and educational 
     opportunities;
       (E) contains resources important to the identified theme or 
     themes of the Study Area that retain a degree of integrity 
     capable of supporting interpretation;
       (F) includes residents, business interests, nonprofit 
     organizations, and local and State governments that are 
     involved in the planning, have developed a conceptual 
     financial plan that outlines the roles for all participants, 
     including the Federal Government, and have demonstrated 
     support for the concept of a national heritage area;
       (G) has a potential management entity to work in 
     partnership with residents, business interests, nonprofit 
     organizations, and local and State governments to develop a 
     national heritage area consistent with continued local and 
     State economic activity;
       (H) has a conceptual boundary map that is supported by the 
     public; and
       (I) has potential or actual impact on private property 
     located within or abutting the Study Area.
       (c) Boundaries of the Study Area.--The Study Area shall be 
     comprised of the counties of Trumbull, Mahoning, Ashtabula, 
     Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, 
     Lorain, Erie, Ottawa, and Ashland in Ohio.

               TITLE X--GULLAH/GEECHEE CULTURAL HERITAGE

     SEC. 1001. SHORT TITLE.

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

     SEC. 1002. PURPOSES.

       The purposes of this Act are to--
       (1) recognize the important contributions made to American 
     culture and history by African-Americans known as the Gullah/
     Geechee who settled in the coastal counties of South Carolina 
     and Georgia;
       (2) assist State and local governments and public and 
     private entities in the South Carolina and Georgia in 
     interpreting the story of the Gullah/Geechee and preserving 
     Gullah/Geechee folklore, arts, crafts, and music; and
       (3) assist in identifying and preserving sites, historical 
     data, artifacts, and objects associated with the Gullah/
     Geechee for the benefit and education of the public.

     SEC. 1003. DEFINITIONS.

       For the purposes of this Act, the following definitions 
     apply:
       (1) Commission.--The term ``Commission'' means the Gullah/
     Geechee Cultural Heritage Corridor Commission established 
     under this Act.
       (2) Heritage corridor.--The term ``Heritage Corridor'' 
     means the Gullah/Geechee Cultural Heritage Corridor 
     established by this Act.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 1004. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR.

       (a) Establishment.--There is established the Gullah/Geechee 
     Cultural Heritage Corridor.
       (b) Boundaries.--
       (1) In general.--The Heritage Corridor shall be comprised 
     of those lands and waters generally depicted on a map 
     entitled ``Gullah/Geechee Cultural Heritage Corridor'' 
     numbered GGCHC/80,000, and dated September 2004. The map 
     shall be on file and available for public inspection in the 
     appropriate offices of the National Park Service and in an 
     appropriate State office in each of the States included in 
     the Heritage Corridor. The Secretary shall publish in the 
     Federal Register, as soon as practicable after the date of 
     enactment of this Act a detailed description and map of the 
     boundaries established under this subsection.
       (2) Revisions.--The boundaries of the heritage corridor may 
     be revised if the revision is--
       (A) proposed in the management plan developed for the 
     Heritage Corridor;
       (B) approved by the Secretary in accordance with this Act; 
     and
       (C) placed on file in accordance with paragraph (1).
       (c) Administration.--The Heritage Corridor shall be 
     administered in accordance with the provisions of this Act.

     SEC. 1005. GULLAH/GEECHEE CULTURAL HERITAGE CORRIDOR 
                   COMMISSION.

       (a) Establishment.--There is hereby established a 
     commission to be known as ``Gullah/Geechee Cultural Heritage 
     Corridor Commission'' whose purpose shall be to assist 
     Federal, State, and local authorities in the development and 
     implementation of a management plan for those land and waters 
     specified in section 4.
       (b) Membership.--The Commission shall be composed of nine 
     members appointed by the Secretary as follows:
       (1) Four individuals nominated by the State Historic 
     Preservation Officer of South Carolina and two individuals 
     nominated by the State Historic Preservation Officer of 
     Georgia and appointed by the Secretary.
       (2) Two individuals from South Carolina and one individual 
     from Georgia who are recognized experts in historic 
     preservation, anthropology, and folklore, appointed by the 
     Secretary.
       (c) Terms.--Members of the Commission shall be appointed to 
     terms not to exceed 3 years. The Secretary may stagger the 
     terms of the initial appointments to the Commission in order 
     to assure continuity of operation. Any member of the 
     Commission may serve after the expiration of their term until 
     a successor is appointed. A vacancy shall be filled in the 
     same manner in which the original appointment was made.
       (d) Termination.--The Commission shall terminate 10 years 
     after the date of the enactment of this Act.

     SEC. 1006. OPERATION OF THE COMMISSION.

       (a) Duties of the Commission.--To further the purposes of 
     the Heritage Corridor, the Commission shall--
       (1) prepare and submit a management plan to the Secretary 
     in accordance with section 7;
       (2) assist units of local government and other persons in 
     implementing the Approved management plan by--
       (A) carry out programs and projects that recognize, 
     protect, and enhance important resource values within the 
     Heritage Corridor;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Corridor;
       (C) developing recreational and educational opportunities 
     in the Heritage Corridor;
       (D) increasing public awareness of and appreciation for the 
     historical, cultural, natural, and scenic resources of the 
     Heritage Corridor;
       (E) protecting and restoring historic sites and buildings 
     in the Heritage Corridor that are consistent with heritage 
     corridor themes;
       (F) ensuring that clear, consistent, and appropriate signs 
     identifying points of public access and sites of interest are 
     posted throughout the Heritage Corridor; and
       (G) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     purposes of the Heritage Corridor;
       (3) consider the interests of diverse units of government, 
     business, organizations, and individuals in the Heritage 
     Corridor in the preparation and implementation of the 
     management plan;
       (4) conduct meetings open to the public at least quarterly 
     regarding the development and implementation of the 
     management plan;
       (5) submit an annual report to the Secretary for any fiscal 
     year in which the Commission receives Federal funds under 
     this Act, setting forth its accomplishments, expenses, and 
     income, including grants made to any other entities during 
     the year for which the report is made;
       (6) make available for audit for any fiscal year in which 
     it receives Federal funds under this Act, all information 
     pertaining to the expenditure of such funds and any matching 
     funds, and require all agreements authorizing expenditures of 
     Federal funds by other organizations, that the receiving 
     organization make available for audit all records and other 
     information pertaining to the expenditure of such funds; and
       (7) encourage by appropriate means economic viability that 
     is consistent with the purposes of the Heritage Corridor.
       (b) Authorities.--The Commission may, for the purposes of 
     preparing and implementing the management plan, use funds 
     made available under this Act to--
       (1) make grants to, and enter into cooperative agreements 
     with the States of South Carolina and Georgia, political 
     subdivisions of those States, a nonprofit organization, or 
     any person;
       (2) hire and compensate staff;
       (3) obtain funds from any source including any that are 
     provided under any other Federal law or program; and
       (4) contract for goods and services.

     SEC. 1007. MANAGEMENT PLAN.

       (a) In General.--The management plan for the Heritage 
     Corridor shall--
       (1) include comprehensive policies, strategies, and 
     recommendations for conservation, funding, management, and 
     development of the Heritage Corridor;
       (2) take into consideration existing State, county, and 
     local plans in the development of the management plan and its 
     implementation;

[[Page 21246]]

       (3) include a description of actions that governments, 
     private organizations, and individuals have agreed to take to 
     protect the historical, cultural, and natural resources of 
     the Heritage Corridor;
       (4) specify the existing and potential sources of funding 
     to protect, manage, and develop the Heritage Corridor in the 
     first 5 years of implementation;
       (5) include an inventory of the historical, cultural, 
     natural, resources of the Heritage Corridor related to the 
     themes of the Heritage Corridor that should be preserved, 
     restored, managed, developed, or maintained;
       (6) recommend policies and strategies for resource 
     management that consider and detail the application of 
     appropriate land and water management techniques, including 
     the development of intergovernmental and interagency 
     cooperative agreements to protect the Heritage Corridor's 
     historical, cultural, and natural resources;
       (7) describe a program for implementation of the management 
     plan including plans for resources protection, restoration, 
     construction, and specific commitments for implementation 
     that have been made by the Commission or any government, 
     organization, or individual for the first 5 years of 
     implementation;
       (8) include an analysis and recommendations for the ways in 
     which Federal, State, or local programs may best be 
     coordinated to further the purposes of this Act; and
       (9) include an interpretive plan for the Heritage Corridor.
       (b) Submittal of Management Plan.--The Commission shall 
     submit the management plan to the Secretary for approval not 
     later than 3 years after funds are made available for this 
     Act.
       (c) Failure to Submit.--If the Commission fails to submit 
     the management plan to the Secretary in accordance with 
     subsection (b), the Heritage Corridor shall not qualify for 
     Federal funding until the management plan is submitted.
       (d) Approval or Disapproval of Management Plan.--
       (1) In general.--The Secretary shall approve or disapprove 
     the management plan not later than 90 days after receiving 
     the management plan.
       (2) Criteria.--In determining whether to approve the 
     management plan, the Secretary shall consider whether--
       (A) the Commission has afforded adequate opportunity, 
     including public hearings, for public and governmental 
     involvement in the preparation of the management plan;
       (B) the resource preservation and interpretation strategies 
     contained in the management plan would adequately protect the 
     cultural and historic resources of the Heritage Corridor; and
       (C) the Secretary has received adequate assurances from 
     appropriate State and local officials whose support is needed 
     to ensure the effective implementation of the State and local 
     aspects of the plan.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan, the Secretary shall advise 
     the Commission in writing of the reasons therefore and shall 
     make recommendations for revisions to the management plan. 
     The Secretary shall approve or disapprove a proposed revision 
     not later than 60 days after the date it is submitted.
       (4) Approval of amendments.--Substantial amendments to the 
     management plan shall be reviewed and approved by the 
     Secretary in the same manner as provided in the original 
     management plan. The Commission shall not use Federal funds 
     authorized by this Act to implement any amendments until the 
     Secretary has approved the amendments.

     SEC. 1008. TECHNICAL AND FINANCIAL ASSISTANCE.

       (a) In General.--Upon a request of the Commission, the 
     Secretary may provide technical and financial assistance for 
     the development and implementation of the management plan.
       (b) Priority for Assistance.--In providing assistance under 
     subsection (a), the Secretary shall give priority to actions 
     that assist in--
       (1) conserving the significant cultural, historical, and 
     natural resources of the Heritage Corridor; and
       (2) providing educational and interpretive opportunities 
     consistent with the purposes of the Heritage Corridor.
       (c) Spending for Non-Federal Property.--
       (1) In general.--The Commission may expend Federal funds 
     made available under this Act on nonfederally owned property 
     that is--
       (A) identified in the management plan; or
       (B) listed or eligible for listing on the National Register 
     for Historic Places.
       (2) Agreements.--Any payment of Federal funds made pursuant 
     to this Act shall be subject to an agreement that conversion, 
     use, or disposal of a project so assisted for purposes 
     contrary to the purposes of this Act, as determined by the 
     Secretary, shall result in a right of the United States to 
     compensation of all funds made available to that project or 
     the proportion of the increased value of the project 
     attributable to such funds as determined at the time of such 
     conversion, use, or disposal, whichever is greater.

     SEC. 1009. DUTIES OF OTHER FEDERAL AGENCIES.

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

     SEC. 1010. COASTAL HERITAGE CENTERS.

       In furtherance of the purposes of this Act and using the 
     authorities made available under this Act, the Commission 
     shall establish one or more Coastal Heritage Centers at 
     appropriate locations within the Heritage Corridor in 
     accordance with the preferred alternative identified in the 
     Record of Decision for the Low Country Gullah Culture Special 
     Resource Study and Environmental Impact Study, December 2003.

     SEC. 1011. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this Act shall 
     be construed to require any private property owner to permit 
     public access (including Federal, State, or local government 
     access) to such private property. Nothing in this Act shall 
     be construed to modify any provision of Federal, State, or 
     local law with regard to public access to or use of private 
     lands.
       (b) Liability.--Designation of the Heritage Corridor shall 
     not be considered to create any liability, or to have any 
     effect on any liability under any other law, of any private 
     property owner with respect to any persons injured on such 
     private property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this Act shall be construed to modify any authority of 
     Federal, State, or local governments to regulate land use.
       (d) Participation of Private Property Owners in Heritage 
     Corridor.--Nothing in this Act shall be construed to require 
     the owner of any private property located within the 
     boundaries of the Heritage Corridor to participate in or be 
     associated with the Heritage Corridor.
       (e) Effect of Establishment.--The boundaries designated for 
     the Heritage Corridor represent the area within which Federal 
     funds appropriated for the purpose of this Act shall be 
     expended. The establishment of the Heritage Corridor and its 
     boundaries shall not be construed to provide any nonexisting 
     regulatory authority on land use within the Heritage Corridor 
     or its viewshed by the Secretary or the management entity.
       (f) Notification and Consent of Property Owners Required.--
     No privately owned property shall be preserved, conserved, or 
     promoted by the management plan for the Heritage Corridor 
     until the owner of that private property has been notified in 
     writing by the management entity and has given written 
     consent for such preservation, conservation, or promotion to 
     the management entity.
       (g) Landowner Withdrawal.--Any owner of private property 
     included within the boundary of the Heritage Corridor shall 
     have their property immediately removed from within the 
     boundary by submitting a written request to the management 
     entity.

     SEC. 1012. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated for 
     the purposes of this Act not more than $1,000,000 for any 
     fiscal year. Not more than a total of $10,000,000 may be 
     appropriated for the Heritage Corridor under this Act.
       (b) Cost Share.--Federal funding provided under this Act 
     may not exceed 50 percent of the total cost of any activity 
     for which assistance is provided under this Act.
       (c) In-Kind Contributions.--The Secretary may accept in-
     kind contributions as part of the non-Federal cost share of 
     any activity for which assistance is provided under this Act.

     SEC. 1013. TERMINATION OF AUTHORITY.

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

           TITLE XI--UTAH TEST AND TRAINING RANGE PROTECTION

     SEC. 1101. SHORT TITLE.

       This title may be cited as the ``Utah Test and Training 
     Range Protection Act''.

     SEC. 1102. DEFINITIONS.

       In this title:
       (1) The term ``covered wilderness'' means the wilderness 
     area designated by this title and wilderness study areas 
     located near lands withdrawn for military use and beneath 
     special use airspace critical to the support of military test 
     and training missions at the Utah Test and Training Range, 
     including the Deep Creek, Fish Springs, Swasey Mountain, 
     Howell Peak, Notch Peak, King Top, Wah Wah Mountain, and 
     Conger Mountain units designated by the Department of the 
     Interior.
       (2) The term ``Tribe'' means the Skull Valley Band of 
     Goshute Indians.
       (3) The term ``Utah Test and Training Range'' means those 
     portions of the military

[[Page 21247]]

     operating area of the Utah Test and Training Area located 
     solely in the State of Utah. The term includes the Dugway 
     Proving Ground.
       (4) The term ``Wilderness Act'' means Public Law 88-577, 
     approved September 3, 1964 (16 U.S.C. 1131 et seq.).

     SEC. 1103. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND 
                   TRAINING RANGE.

       (a) Findings.--The Congress finds the following:
       (1) The testing and development of military weapons systems 
     and the training of military forces are critical to ensuring 
     the national security of the United States.
       (2) The Utah Test and Training Range in the State of Utah 
     is a unique and irreplaceable national asset at the core of 
     the test and training mission of the Department of Defense.
       (3) The Cedar Mountain Wilderness Area designated by 
     section 1105, as well as several wilderness study areas, are 
     located near lands withdrawn for military use or are beneath 
     special use airspace critical to the support of military test 
     and training missions at the Utah Test and Training Range.
       (4) The Utah Test and Training Range and special use 
     airspace withdrawn for military uses create unique management 
     circumstances for the covered wilderness in this title, and 
     it is not the intent of Congress that passage of this title 
     shall be construed as establishing a precedent with respect 
     to any future national conservation area or wilderness 
     designation.
       (5) Continued access to the special use airspace and lands 
     that comprise the Utah Test and Training Range, under the 
     terms and conditions described in this section, is a national 
     security priority and is not incompatible with the protection 
     and proper management of the natural, environmental, 
     cultural, and other resources of such lands.
       (b) Overflights.--Nothing in this title or the Wilderness 
     Act shall preclude low-level overflights and operations of 
     military aircraft, helicopters, missiles, or unmanned aerial 
     vehicles over the covered wilderness, including military 
     overflights and operations that can be seen or heard within 
     the covered wilderness.
       (c) Special Use Airspace and Training Routes.--Nothing in 
     this title or the Wilderness Act shall preclude the 
     designation of new units of special use airspace, the 
     expansion of existing units of special use airspace, or the 
     use or establishment of military training routes over the 
     covered wilderness.
       (d) Communications and Tracking Systems.--Nothing in this 
     title shall prevent any required maintenance of existing 
     communications, instrumentation, or electronic tracking 
     systems (or infrastructure supporting such systems) or 
     prevent the installation of new communication, 
     instrumentation, or other equipment necessary for effective 
     testing and training to meet military requirements in 
     wilderness study areas located beneath special use airspace 
     comprising the Utah Test and Training Range, including the 
     Deep Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch 
     Peak, King Top, Wah Wah Mountain, and Conger Mountain units 
     designated by the Department of Interior, so long as the 
     Secretary of the Interior, after consultation with the 
     Secretary of the Air Force, determines that the installation 
     and maintenance of such systems, when considered both 
     individually and collectively, comply with section 603 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1782).
       (e) Emergency Access and Response.--Nothing in this title 
     or the Wilderness Act shall preclude the continuation of the 
     memorandum of understanding in existence as of the date of 
     enactment of this title between the Department of the 
     Interior and the Department of the Air Force with respect to 
     emergency access and response.
       (f) Prohibition on Ground Military Operations.--Except as 
     provided in subsections (d) and (e), nothing in this section 
     shall be construed to permit a military operation to be 
     conducted on the ground in covered wilderness in the Utah 
     Test and Training Range unless such ground operation is 
     otherwise permissible under Federal law and consistent with 
     the Wilderness Act.

     SEC. 1104. PLANNING PROCESS FOR FEDERAL LANDS IN UTAH TEST 
                   AND TRAINING RANGE.

       (a) Analysis of Military Readiness and Operational 
     Impacts.--The Secretary of the Interior shall develop, 
     maintain, and revise land use plans pursuant to section 202 
     of the Federal Land Policy and Management Act of 1976 (43 
     U.S. C. 1712) for Federal lands located in the Utah Test and 
     Training Range in consultation with the Secretary of Defense. 
     As part of the required consultation in connection with a 
     proposed revision of a land use plan, the Secretary of 
     Defense shall prepare and transmit to the Secretary of the 
     Interior an analysis of the military readiness and 
     operational impacts of the proposed revision within six 
     months of a request from the Secretary of Interior.
       (b) Limitation on Rights-of-ways.--The Secretary of the 
     Interior shall not grant or issue any authorizations for 
     rights-of-way under section 501(a)(6) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1761(a)(6)) upon 
     Federal lands identified as inventory units UTU-020-086, UTU-
     020-088, UTU-020-095, UTU-020-096, UTU-020-100, UTU-020-101, 
     UTU-020-103, UTU-020-104, UTU-020-105, and UTU-020-110, as 
     generally depicted on the map entitled ``Wilderness 
     Inventory, State of Utah'' and dated August 1979, until the 
     later of the following:
       (1) The completion of a full revision of the Pony Express 
     Area Resource Management Plan, dated January 12, 1990, by the 
     Salt Lake Field Office of the Bureau of Land Management.
       (2) January 1, 2015.

     SEC. 1105. DESIGNATION AND MANAGEMENT OF CEDAR MOUNTAIN 
                   WILDERNESS, UTAH.

       (a) Designation.--Certain Federal lands in Tooele County, 
     Utah, as generally depicted on the map entitled ``Cedar 
     Mountain Wilderness'' and dated March 7, 2004, are hereby 
     designated as wilderness and, therefore, as a component of 
     the National Wilderness Preservation System to be known as 
     the Cedar Mountain Wilderness Area.
       (b) Withdrawal.--Subject to valid existing rights, the 
     Federal lands in the Cedar Mountain Wilderness Area are 
     hereby withdrawn from all forms of entry, appropriation, or 
     disposal under the public land laws, from location, entry, 
     and patent under the United States mining laws, and from 
     disposition under all laws pertaining to mineral and 
     geothermal leasing, and mineral materials, and all amendments 
     to such laws.
       (c) Map and Description.--(1) As soon as practicable after 
     the date of the enactment of this title, the Secretary of the 
     Interior shall transmit a map and legal description of the 
     Cedar Mountain Wilderness Area to the Committee on Resources 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources of the Senate.
       (2) The map and legal description shall have the same force 
     and effect as if included in this title, except that the 
     Secretary of the Interior may correct clerical and 
     typographical errors in the map and legal description.
       (3) The map and legal description shall be on file and 
     available for public inspection in the office of the Director 
     of the Bureau of Land Management and the office of the State 
     Director of the Bureau of Land Management in the State of 
     Utah.
       (d) Administration.--Subject to valid existing rights and 
     this title, the Cedar Mountain Wilderness Area shall be 
     administered by the Secretary of the Interior in accordance 
     with the provisions of the Wilderness Act, except that any 
     reference in such provisions to the effective date of the 
     Wilderness Act (or any similar reference) shall be deemed to 
     be a reference to the date of the enactment of this title.
       (e) Land Acquisition.--Any lands or interest in lands 
     within the boundaries of the Cedar Mountain Wilderness Area 
     acquired by the United States after the date of the enactment 
     of this Act shall be added to and administered as part of the 
     Cedar Mountain Wilderness Area.
       (f) Fish and Wildlife Management.--As provided in section 
     4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing 
     in this title shall be construed as affecting the 
     jurisdiction of the State of Utah with respect to fish and 
     wildlife on the Federal lands located in that State.
       (g) Grazing.--Within the Cedar Mountain Wilderness Area, 
     the grazing of livestock, where established before the date 
     of the enactment of this title, shall be permitted to 
     continue subject to such reasonable regulations, policies, 
     and practices as the Secretary of the Interior considers 
     necessary, as long as such regulations, policies, and 
     practices fully conform with and implement the intent of 
     Congress regarding grazing in such areas, as such intent is 
     expressed in the Wilderness Act, section 101(f) of Public Law 
     101-628 (104 Stat. 4473), and appendix A of the Report of the 
     Committee on Interior and Insular Affairs to accompany H.R. 
     2570 of the 101st Congress (H. Rept. 101-405).
       (h) Buffer Zones.--Congress does not intend for the 
     designation of the Cedar Mountain Wilderness Area to lead to 
     the creation of protective perimeters or buffer zones around 
     the wilderness area. The fact that nonwilderness activities 
     or uses can be seen or heard within the wilderness area shall 
     not, of itself, preclude such activities or uses up to the 
     boundary of the wilderness area.
       (i) Release From Wilderness Study Area Status.--The lands 
     identified as the Browns Spring Cherrystem on the map 
     entitled ``Proposed Browns Spring Cherrystem'' and dated May 
     11, 2004, are released from their status as a wilderness 
     study area, and shall no longer be subject to the 
     requirements of section 603(c) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1782(c)) pertaining to the 
     management of wilderness study areas in a manner that does 
     not impair the suitability of those areas for preservation of 
     wilderness.

     SEC. 1106. IDENTIFICATION OF ADDITIONAL BUREAU OF LAND 
                   MANAGEMENT LAND IN UTAH AS TRUST LAND FOR SKULL 
                   VALLEY BAND OF GOSHUTES.

       (a) Identification of Trust Land.--The Secretary of the 
     Interior shall identify approximately 640 additional acres of 
     Bureau of Land Management land in the State of Utah to be 
     administered in trust for the benefit of the Skull Valley 
     Band of Goshutes.
       (b) Special Considerations.--In identifying the land under 
     subsection (a), the Secretary of the Interior shall--

[[Page 21248]]

       (1) consult with leaders of the Tribe and the Governor of 
     Utah; and
       (2) ensure that the land has ready access to State or 
     Federal highways and, in the judgment of the Secretary, 
     provides the best opportunities for commercial economic 
     development in closest proximity to other lands of the Tribe.
       (c) Placement in Trust.--Not later than December 31, 2005, 
     the Secretary of the Interior shall place the land identified 
     pursuant to subsection (a) into trust for the purposes of 
     economic development for the Tribe. At least 30 days before 
     placing the land in trust for the Tribe, the Secretary shall 
     publish in the Federal Register legal descriptions of the 
     land to be placed in trust.
       (d) Management of Trust Land.--The land placed into trust 
     for the Tribe under subsection (c) shall be administered in 
     accordance with laws generally applicable to property held in 
     trust by the United States for Indian Tribes, except that the 
     land shall immediately revert to the administrative control 
     of the Bureau of Land Management if the Tribe sells, or 
     attempts to sell, any part of the land.
       (e) Effect.--Nothing in this section--
       (1) affects any valid right-of-way, lease, permit, mining 
     claim, grazing permit, water right, or other right or 
     interest of any person or entity (other than the United 
     States) in or to the trust land that exists before the date 
     on which the land is placed in trust for the Tribe under 
     subsection (c);
       (2) enlarges, impairs, or otherwise affects a right or 
     claim of the Tribe to any land or interest in land based on 
     Aboriginal or Indian title that exists before the date of the 
     enactment of this title;
       (3) constitutes an express or implied reservation of water 
     or water right for any purpose with respect to the trust 
     land; or
       (4) affects any water right of the Tribe that exists before 
     the date of the enactment of this title.

     SEC. 1107. RELATION TO OTHER LANDS AND LAWS.

       (a) Other Lands.--Nothing in this title shall be construed 
     to affect any Federal lands located outside of the covered 
     wilderness or the management of such lands.
       (b) Conforming Repeal.--Section 2815 of the National 
     Defense Authorization Act for Fiscal Year 2000 (Public Law 
     106-65; 113 Stat. 852) is amended by striking subsection (d).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Pombo) and the gentleman from Texas (Mr. Rodriguez) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Pombo).
  Mr. POMBO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 211, introduced by Senator Bingaman of New Mexico, 
and as amended by the Committee on Resources, contains 11 titles; 
however, eight of the 11 have already once passed this House. 
Therefore, in the interest of brevity, I will focus on the two titles 
that have not yet been considered by the full House, titles I and XI of 
the bill.
  Title I would establish the Northern Rio Grande National Heritage 
Area across three counties within the State of New Mexico to 
commemorate the unique combination of cultures, languages, folk arts, 
customs, and architecture associated with the Spanish colonization of 
New Mexico beginning in 1598.
  Finally, title XI contains language that would ensure the continued 
availability of the Utah Test and Training Range in northwestern Utah 
to support the readiness and training needs of the United States Armed 
Forces. That title takes advantage of the opportunity to make permanent 
the terms of military access and use, while also taking an important 
step towards resolving the outstanding Bureau of Land Management 
wilderness recommendations in Utah.
  I urge adoption of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RODRIGUEZ. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, we have no objection to consideration of this measure.
  This bill, S. 211, authorizes a single new National Heritage Area in 
New Mexico. Over the course of this Congress, however, a number of 
Heritage Area proposals have moved forward, but unfortunately, few have 
actually been enacted into law. Therefore, consideration of Senate bill 
211 provides an opportunity to combine several of these proposals.
  Mr. Speaker, we have no objection to the consideration of this 
measure.
  Mr. UDALL of New Mexico. Mr. Speaker, I rise today in support of S. 
211, which includes language to establish the Northern Rio Grande 
National Heritage Area. I am pleased to have sponsored H.R. 505, 
companion legislation to S. 211 as introduced and passed in the Senate. 
That version of the Senate legislation only provided for establishment 
of the Northern Rio Grande National Heritage Area. The bill before us 
today, however, includes an additional 100 pages of legislative 
language pertaining to other heritage area designations. Nevertheless, 
I am pleased that we will be moving one step closer to making the 
Northern Rio Grande Heritage Area a reality.
  The establishment of the Northern Rio Grande National Heritage Area 
is a citizen-driven effort to protect the remaining significant 
resources representative of the Spanish and Pueblo colonial era in 
north-central New Mexico. The bill identifies the northern New Mexico 
counties of Rio Arriba, Santa Fe and Taos as a National Heritage Area--
an elite designation from Congress reserved for areas regarded as a 
significant resource.
  Northern New Mexico boasts many sites of historic and cultural 
significance. Our State is a blend of Pueblo and Hispanic cultures, 
making it a very unique and special place in our country. This 
legislation would identify many of the sites that tell northern New 
Mexico's story, help preserve them and, in the process, allow them to 
be more thoroughly enjoyed by New Mexicans and visitors to our State. 
Preservation would directly led to economic development of this area 
through enhanced tourism.
  The legislation creates a non-profit corporation governed by a 15- to 
25-member board of trustees charged with developing a management plan 
for the heritage area. The board will consist of representatives from 
the State, affected counties, tribes, cities and others. The 
corporation's plan would consist of recommendations for identifying, 
conserving and preserving cultural, historical and natural resources 
within the heritage area, along with strategies to promote tourism of 
the region's natural and cultural assets.
  The Northern Rio Grande Heritage Area is supported by the city of 
Espanola, the city of Santa Fe, Santa Fe County, Rio Arriba County, 
Taos County, La Jicarita Enterprise Community, the Chimayo Cultural 
Preservation Association, and the Eight Northern Pueblos. I urge my 
colleagues to join me and these communities and organizations in 
support of this legislation by voting for its passage today.
  Mrs. CHRISTENSEN. Mr. Speaker, I rise in support of S. 211 to 
authorize a single new National Heritage Area in New Mexico. While the 
bill combines a number of Heritage Area in New Mexico. While the bill 
combines a number of Heritage Area proposals, I am particularly pleased 
to see my legislation, H.R. 1594, to provide for a study of the 
suitability and feasibility of establishing my home island of St. Croix 
as a National Heritage Area was also included in this package.
  The island of St. Croix has a long, distinguished, and varied 
history, including being the site where Christopher Columbus first 
stepped onto what is now American soil. There is significant interest 
in preserving and enhancing the natural, historical and cultural 
resources of the island on a cooperative basis and such a study would 
provide guidance on how we can best achieve those purposes.
  Even though each of the U.S. Islands can make a good case for 
designation as a National Heritage Area, the island of St. Croix with 
its two historic towns--Christiansted built in 1734 and Frederiksted 
built in 1752--is richly blessed with all of the attributes that would 
justify this designation.
  The town's historic architecture matured over a 100-year period. The 
town of Christiansted is one of the finest examples of Danish 
architectural designs in this hemisphere. Its history can be traced 
back some 4,000 years to 2500 B.C.
  In 1493 Columbus arrived at what is now the Salt River National 
Historic Park and Ecological Preserve, making it the only site under 
the American flag where his men went ashore, as well as the first 
recorded hostile encounter between Europeans and Native Americans.
  Frederiksted has the distinction of having been the first 
jurisdiction to have raised its flag in salute of the new Republic of 
the U.S.A., and indeed the first designed flag was done by a resident 
of that Island.
  Mr. Speaker, S. 211 as amended, also includes important legislation 
to conserve and interpret important cultural and historical resources 
in Pennsylvania, Ohio and South Carolina. Many of our colleagues, 
including Mike Doyle of Pennsylvania, Jim Clyburn of South Carolina and 
a new Member of this Congress, Tim Ryan of Ohio, have worked long and 
hard to shepherd these measures through the legislative process.
  In conclusion, Mr. Speaker, I want to thank Full Committee Chairman 
Pombo, Ranking Member Rahall, as well as Subcommittee

[[Page 21249]]

Chairman Radanovich for their efforts in moving S. 211 to the floor of 
the House today.
  I urge our colleagues to support S. 211.
  Mr. RODRIGUEZ. Mr. Speaker, I yield back the balance of my time.
  Mr. POMBO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Pombo) that the House suspend the rules 
and pass the Senate bill, S. 211, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

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